1Amending Title 2 (Administrative Law and Procedure) of the
2Pennsylvania Consolidated Statutes, consolidating provisions
3on administrative procedure and rulemaking; and making
4related repeals.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Sections 103, 104 and 105 of Title 2 of the
8Pennsylvania Consolidated Statutes are amended to read:

9§ 103. [Administrative Agency Law.] Short title of title.

10[(a) General rule.--The provisions of Subchapter A of
11Chapter 5 (relating to practice and procedure of Commonwealth
12agencies) and Subchapter A of Chapter 7 (relating to judicial
13review of Commonwealth agency action) shall be known and may be
14cited as the "Administrative Agency Law."

15(b) Rule making references.--Whenever any statute makes 
16reference to the Administrative Agency Law for procedures 
17relating to the promulgation of administrative regulations, such 
18reference shall hereafter be deemed to be a reference to the act 
19of July 31, 1968 (P.L.769, No.240), known as the "Commonwealth 

1Documents Law."] This title shall be known and may be cited as 
2the Administrative Procedure Code.

3§ 104. [Commonwealth Documents Law] (Reserved).

4§ 105. [Local Agency Law] (Reserved).

5[The provisions of Subchapter B of Chapter 5 (relating to
6practice and procedure of local agencies) and Subchapter B of
7Chapter 7 (relating to judicial review of local agency action)
8shall be known and may be cited as the "Local Agency Law."]

9Section 2. Chapter 3 of Title 2 is amended to read:

10CHAPTER 3

11PROMULGATION OF REGULATIONS

12[(Reserved)]

13Subchapter

14A. Commonwealth Documents Law

15B. Legal Review

16C. Fiscal Review

17D. Independent Regulatory Review Commission

18SUBCHAPTER A

19COMMONWEALTH DOCUMENTS LAW

20Sec.

21301. Scope of subchapter.

22302. Definitions.

23303. Notice of proposed rulemaking.

24304. Adoption of regulations.

25305. Effective date of regulations.

26306. Omission of notice of proposed rulemaking.

27307. Approval as to legality.

28308. Format of regulations and other documents.

29309. Deposit of agency text of regulations required.

30310. Unfiled regulations invalid.

1§ 301. Scope of subchapter.

2This subchapter relates to the filing of documents for
3publication in the Pennsylvania Bulletin and codification in the
4Pennsylvania Code.

5§ 302. Definitions.

6The following words and phrases when used in this subchapter
7shall have the meanings given to them in this section unless the
8context clearly indicates otherwise:

9"Adjudication." Any order, decree, decision, determination
10or ruling by an agency affecting personal or property rights,
11privileges, immunities, duties, liabilities or obligations of
12any or all of the parties to the proceeding in which the
13adjudication is made.

14"Administrative regulation." Any regulation except a
15proclamation, executive order, executive directive or other
16similar document promulgated by the Governor. The term includes
17a regulation which may be promulgated by an agency only with the
18approval of the Governor.

19"Agency." The Governor or any department, departmental
20administrative board or commission, officer, independent board
21or commission, authority or other agency of this Commonwealth.
22The term does not include any of the following:

23(1) The Senate.

24(2) The House of Representatives.

25(3) A court. This paragraph includes an officer or
26agency of a court.

27(4) A political subdivision, municipal authority or
28other local authority. This paragraph includes an officer or
29agency of a political subdivision or local authority.

30"Agency text." The text of a document as issued, prescribed

1or promulgated by the issuing, prescribing or promulgating
2agency.

3"Bureau." The Legislative Reference Bureau. The powers
4conferred under this subchapter upon the bureau shall be
5exercised by the Director of the Legislative Reference Bureau
6or, in the Director's absence, by the Assistant Director.

7"Department." The Department of General Services of the
8Commonwealth.

9"Document." Any proclamation, executive order, executive
10directive or similar instrument promulgated by the Governor and
11any other order, regulation, rule, statement of policy,
12adjudication, certificate, license, permit, notice or similar
13instrument issued, prescribed or promulgated by or under the
14authority of this Commonwealth. The term includes a home rule
15charter adopted by the electors of any part of this
16Commonwealth.

17"Joint committee." The Joint Committee on Documents.

18"Official text." The text of a document issued, prescribed
19or promulgated by an agency as published by authority of this
20subchapter which has become in the manner provided under this
21subchapter the only valid and enforceable text of such document.

22"Regulation." A rule or regulation, or order in the nature
23of a rule or regulation:

24(1) promulgated by an agency under statutory authority
25in the administration of a statute administered by or
26relating to the agency; or

27(2) prescribing the practice or procedure before the
28agency.

29"Statement of policy." A document, except an adjudication or
30a regulation, promulgated by an agency which sets forth

1substantive or procedural personal or property rights,
2privileges, immunities, duties, liabilities or obligations of
3the public or any part of the public. The term includes a
4document interpreting or implementing a statute enforced or
5administered by the agency.

6§ 303. Notice of proposed rulemaking.

7Except as provided under section 306 (relating to omission of
8notice of proposed rulemaking), an agency shall give, in the
9manner provided under 45 Pa.C.S. § 725 (relating to additional
10contents of Pennsylvania Bulletin), public notice of its
11intention to promulgate, amend or repeal any administrative
12regulation. Notice includes:

13(1) The text of the proposed administrative regulation,
14except any portions omitted under 45 Pa.C.S. § 727 (relating
15to matter not required to be published), prepared in such a
16manner as to indicate the words to be added or deleted from
17the presently effective text.

18(2) A statement of the statutory or other authority
19under which the administrative regulation or change in it is
20proposed to be promulgated.

21(3) A brief explanation of the proposed administrative
22regulation or change in it.

23(4) A request for written comment by any interested
24person concerning the proposed administrative regulation or
25change in it.

26(5) Any other statement required by law.

27§ 304. Adoption of regulations.

28Before taking action upon any administrative regulation or
29change in it, the agency shall review and consider written
30comments submitted under section 303 (relating to notice of

1proposed rulemaking) and may hold public hearings as
2appropriate. If the statute or other authority under which a
3regulation is proposed to be promulgated, amended or repealed
4requires the holding of public hearings or establishes other
5procedures in addition to those prescribed under this
6subchapter, the agency shall hold public hearings or comply with
7such other procedures as are not inconsistent with the
8provisions of this subchapter. The agency text of any
9administrative regulation or change in it as finally adopted may
10contain modifications to the proposed text as published under
11section 303 which do not enlarge its original purpose, but
12modifications which enlarge the original purpose of a proposal
13as published under section 303 shall be republished under
14section 303 prior to final adoption by the agency.

15§ 305. Effective date of regulations.

16Except as otherwise provided by regulations promulgated by
17the joint committee, the effective date specified in any
18administrative regulation or change in it subject to the
19provisions of sections 303 (relating to notice of proposed
20rulemaking) and 304 (relating to adoption of regulations) shall
21be not less than 30 days after the required notice of proposed
22rulemaking has been given unless one of the following paragraphs
23applies:

24(1) The administrative regulation:

25(i) grants or recognizes exemption or relieves
26restriction; or

27(ii) interprets a self-executing act of Assembly or
28administrative regulation.

29(2) The agency for good cause finds, and incorporates
30the finding and the reasons for the finding in the order

1adopting the administrative regulation or change in it, that
2the deferral of the effective date of the administrative
3regulation or change in it beyond the date specified in the
4order is impracticable or contrary to the public interest.

5§ 306. Omission of notice of proposed rulemaking.

6Except as otherwise provided by regulations promulgated by
7the joint committee, an agency may omit or modify the procedures
8specified under sections 303 (relating to notice of proposed
9rulemaking) and 304 (relating to adoption of regulations) if any
10of the following paragraphs apply:

11(1) The administrative regulation or change in it
12relates to:

13(i) military affairs;

14(ii) agency organization, management or personnel;

15(iii) agency procedure or practice;

16(iv) Commonwealth property, loans, grants, benefits
17or contracts; or

18(v) the interpretation of a self-executing act of
19Assembly or administrative regulation.

20(2) All persons subject to the administrative regulation
21or change in it are named in the rulemaking and are either
22personally served with notice of the proposed promulgation,
23amendment or repeal or otherwise have actual notice in
24accordance with law.

25(3) The agency for good cause finds, and incorporates
26the finding and a brief statement of the reasons for the
27finding in the order adopting the administrative regulation
28or change in it, that the procedures specified under sections
29303 and 304 are in the circumstances impracticable,
30unnecessary or contrary to the public interest.

1§ 307. Approval as to legality.

2(a) Requirement.--Administrative regulations and changes
3shall be approved as to legality by the Attorney General before
4they are deposited with the bureau under section 309 (relating
5to deposit of agency text of regulations required).

6(b) Appeal.--

7(1) If the Attorney General rules illegal all or part of
8an administrative regulation or change in it promulgated by
9an agency which is by law independent of the policy
10supervision and control of the Governor and the agency or a
11party before the agency supporting the regulation or change
12in it disagrees with the ruling of the Attorney General, the
13agency or party may appeal from the determination to
14Commonwealth Court.

15(2) In an appeal under paragraph (1), Commonwealth Court
16may direct the Attorney General to approve the parts of the
17administrative regulation or change in it ruled illegal which
18the court finds to be legal.

19(3) In all other cases the decision of the Attorney
20General shall be final and shall not be subject to any form
21of judicial review at the instance of the agency or a
22supporting party.

23(c) Other review.--Nothing under this section shall affect
24the right of a person adversely affected by a regulation or
25change in it to obtain a determination of the validity thereof
26in any appropriate proceeding.

27§ 308. Format of regulations and other documents.

28The agency text of all regulations and other documents
29required or authorized to be deposited with the bureau under
30this subchapter shall be prepared in the form and format

1prescribed by regulations promulgated by the joint committee.
2The regulations shall require that every administrative
3regulation or change in it indicate expressly the statutory or
4other authority under which it is promulgated.

5§ 309. Deposit of agency text of regulations required.

6The agency text of all administrative and other regulations
7and changes to the regulations, certified by the executive
8officer, chair or secretary of the agency, shall be deposited
9with the bureau in the manner required under 45 Pa.C.S. § 722(a)
10(relating to deposit of documents required).

11§ 310. Unfiled regulations invalid.

12An administrative regulation or change in it promulgated
13after July 1, 1969, shall not be valid for any purpose until
14filed by the bureau, as provided under 45 Pa.C.S. § 722(a)
15(relating to deposit of documents required).

16SUBCHAPTER B

17LEGAL REVIEW

18Sec.

19311. Definitions.

20312. General Counsel.

21313. Attorney General.

22§ 311. Definitions.

23The following words and phrases when used in this subchapter
24shall have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Commonwealth agency." Any executive agency or independent
27agency.

28"Executive agency." The Governor and the departments,
29boards, commissions, authorities and other officers and agencies
30of the Commonwealth government. The term does not include any

1court or other officer or agency of the unified judicial system,
2the General Assembly and its officers and agencies or any
3independent agency.

4"Independent agency." The Office of Attorney General; the
5Department of the Auditor General, including the Board of
6Claims; the Treasury Department; the Pennsylvania Public Utility
7Commission; the Pennsylvania Fish and Boat Commission; the
8Pennsylvania Game Commission; the Pennsylvania Historical and
9Museum Commission; the State Civil Service Commission; the
10Pennsylvania Turnpike Commission; the Milk Marketing Board; the
11Pennsylvania Liquor Control Board; the Pennsylvania Human
12Relations Commission; the Pennsylvania Labor Relations Board;
13the Pennsylvania Securities Commission; the State Tax
14Equalization Board; Pennsylvania Higher Education Assistance
15Agency; the Pennsylvania Commission on Crime and Delinquency;
16and the State Ethics Commission.

17§ 312. General Counsel.

18The General Counsel shall review and approve for form and
19legality all proposed regulations of executive agencies before
20they are deposited with the Legislative Reference Bureau as
21required under section 309 (relating to deposit of agency text
22of regulations required).

23§ 313. Attorney General.

24(a) Review of regulations.--The Attorney General shall
25review for form and legality all proposed regulations of
26Commonwealth agencies before they are deposited with the
27Legislative Reference Bureau as required under section 309
28(relating to deposit of agency text of regulations required).

29(b) Determination of invalidity.--If the Attorney General
30determines that a regulation is in improper form, not

1statutorily authorized or unconstitutional, within 30 days after
2submission, the Attorney General shall notify in writing the
3agency affected, the Office of General Counsel and the General
4Assembly through the offices of the Secretary of the Senate and
5the Chief Clerk of the House of Representatives of the reasons
6for the determination.

7(c) Response by Commonwealth agency.--

8(1) The Commonwealth agency may revise a regulation to
9meet the objections of the Attorney General and submit the
10revised version for review.

11(2) If the Commonwealth agency disagrees with the
12objection, it may promulgate the regulation with or without
13revisions and shall publish with it a copy of the Attorney
14General's objections.

15(d) Response by Attorney General.--The Attorney General may 
16appeal a decision under subsection (c)(2) by filing a petition 
17for review with the Commonwealth Court in the manner as is 
18provided for appeals from final orders of government agencies 
19under 42 Pa.C.S. § 763 (relating to direct appeals from 
20government agencies) and may include in the petition a request 
21for a stay or supersedeas of the implementation of the 
22regulation which, upon a proper showing, shall be granted.

23(e) Deemed approval.--If a regulation has been submitted to
24the Attorney General and the Attorney General has not approved
25it or objected to it within 30 days after submission, the
26regulation shall be deemed to have been approved.

27SUBCHAPTER C

28FISCAL REVIEW

29Sec.

30321. Definitions.

1322. Fiscal notes.

2§ 321. Definitions.

3The following words and phrases when used in this subchapter
4shall have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Office." The Office of the Budget.

7"Secretary." The Secretary of the Budget.

8§ 322. Fiscal notes.

9(a) Duty.--The office shall prepare a fiscal note for
10regulatory actions and administrative procedures of the
11administrative departments, boards, commissions or authorities
12receiving money from the Treasury Department. The fiscal note
13shall state whether the proposed action or procedure causes a
14loss of revenue or an increase in the cost of programs to the
15Commonwealth or its political subdivisions.

16(b) Publication.--A regulatory action or an administrative
17procedure which requires a fiscal note shall be published in the
18Pennsylvania Bulletin. The fiscal note shall be published in the
19Pennsylvania Bulletin at the same time the proposed change is
20advertised.

21(c) Contents.--The fiscal note shall provide the following
22information:

23(1) The designation of the fund out of which the
24appropriation providing for expenditures under the action or
25procedure shall be made.

26(2) The probable cost for the fiscal year the program is
27implemented.

28(3) A projected cost estimate of the program for each of
29the five succeeding fiscal years.

30(4) The fiscal history of the program for which

1expenditures are to be made.

2(5) The probable loss of revenue for the fiscal year of
3its implementation.

4(6) A projected loss of revenue from the program for
5each of the five succeeding fiscal years.

6(7) The line item, if any, of the General Appropriation
7Act or other appropriation act out of which expenditures or
8losses of Commonwealth funds shall occur as a result of the
9action or procedures.

10(8) The recommendation, if any, of the secretary and the
11reasons therefor.

12SUBCHAPTER D

13INDEPENDENT REGULATORY REVIEW COMMISSION

14Sec.

15331. Scope of subchapter.

16332. Legislative declarations.

17333. Definitions.

18334. Composition of commission; membership; compensation;
19vacancies; removal.

20335. Proposed regulations; procedures for review.

21335.1. Final-form regulations and final-omitted regulations;
22procedures for review.

23335.2. Criteria for review of regulations.

24336. Procedures for disapproval of final-form and final-omitted
25regulations; emergency-certified regulations.

26337. Procedures for subsequent review of disapproved final-form
27or final-omitted regulations.

28337.1. Classification of documents.

29338. Changes in final-form and final-omitted regulations.

30338.1. Existing regulations.

1339. Commission staff.

2340. Subpoena power.

3341. Regulations; annual reports; hearings and advisory group
4meetings.

5342. Clearinghouse.

6342.1. Gubernatorial review.

7§ 331. Scope of subchapter.

8This subchapter relates to regulatory review.

9§ 332. Legislative declarations.

10(a) Findings.--The General Assembly has enacted a large
11number of statutes and has conferred on boards, commissions,
12departments and agencies within the executive branch of
13government the authority to adopt rules and regulations to
14implement those statutes. The General Assembly has found that
15this delegation of its authority has resulted in regulations
16being promulgated without undergoing effective review concerning
17cost benefits, duplication, inflationary impact and conformity
18to legislative intent. The General Assembly finds that it must
19establish a procedure for oversight and review of regulations
20adopted under this delegation of legislative power in order to
21curtail excessive regulation and to require the executive branch
22to justify its exercise of the authority to regulate before
23imposing hidden costs upon the economy of Pennsylvania.

24(b) Intent.--It is the intent of this subchapter to:

25(1) Establish a method for ongoing and effective
26legislative review and oversight in order to foster executive
27branch accountability and to provide for primary review by a
28commission with sufficient authority, expertise, independence
29and time to perform that function.

30(2) Provide ultimate review of regulations by the

1General Assembly.

2(3) Assist the Governor, the Attorney General and the
3General Assembly in their supervisory and oversight
4functions.

5(4) Encourage, to the greatest extent possible, the
6resolution of objections to a regulation and the reaching of
7a consensus among the commission, the standing committees,
8interested parties and the agency.

9(c) Right or benefit.--This subchapter is not intended to
10create a right or benefit, substantive or procedural,
11enforceable at law by a person against another person or against
12the Commonwealth, its agencies or its officers.

13§ 333. Definitions.

14The following words and phrases when used in this subchapter
15shall have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17"Agency." Any department, departmental administrative board
18or commission, independent board or commission, agency or other
19authority of this Commonwealth. The term shall not include the
20Senate or the House of Representatives, the Pennsylvania Fish
21and Boat Commission, the Pennsylvania Game Commission or any
22court, political subdivision, municipal or local authority.

23"Commission." The Independent Regulatory Review Commission.

24"Committee." A standing committee of the Senate or the House
25of Representatives designated by the President pro tempore of
26the Senate for the Senate or by the Speaker of the House of
27Representatives for the House. The designation shall prescribe
28the jurisdiction of each standing committee over the various
29State agencies for purposes of this subchapter. The designation
30shall be transmitted to the Legislative Reference Bureau for

1publication in the Pennsylvania Bulletin.

2"Family." A parent, spouse, child, brother or sister.

3"Final-form regulation." A regulation previously published
4as a proposed regulation under Subchapter A (relating to
5commonwealth documents law), which an agency submits to the
6commission and the committees following the close of the public
7comment period.

8"Final-omitted regulation." A regulation which an agency
9submits to the commission and the committees for which the
10agency has omitted notice of proposed rulemaking under section
11306 (relating to omission of notice of proposed rulemaking).

12"Promulgate." To publish an order adopting a final-form or
13final-omitted regulation in accordance with Subchapter A
14(relating to commonwealth documents law).

15"Proposed regulation." A document intended for promulgation
16as a regulation which an agency submits to the commission and
17the committees and for which the agency gives notice of proposed
18rulemaking and holds a public comment period under Subchapter A
19(relating to commonwealth documents law).

20"Regulation."

21(1) The term shall include:

22(i) Any rule or regulation or order in the nature of
23a rule or regulation promulgated by an agency under
24statutory authority in the administration of any statute
25administered by or relating to the agency or amending,
26revising or otherwise altering the terms and provisions
27of an existing regulation, or prescribing the practice or
28procedure before the agency.

29(ii) Actions of the Pennsylvania Liquor Control
30Board which have an effect on the discount rate for

1retail licensees.

2(iii) Notwithstanding paragraph (2), a regulation
3which may be promulgated by an agency, only with the
4approval of the Governor.

5(2) The term shall not include a proclamation, executive
6order, directive or similar document issued by the Governor.

7"Withdrawal." Removal of a proposed, final-form or final-
8omitted regulation by an agency from the review process so that
9the commission and the committees are prevented from taking
10further action on the regulation.

11§ 334. Composition of commission; membership; compensation;
12vacancies; removal.

13(a) Composition.--The commission shall consist of five
14members to be known as commissioners. One commissioner shall be
15appointed by the Governor to serve at the Governor's pleasure,
16one by the President pro tempore of the Senate, one by the
17Speaker of the House of Representatives, one by the Minority
18Leader of the Senate and one by the Minority Leader of the House
19of Representatives. A member of the General Assembly or any
20other officer or employee of State government may not serve as a
21commissioner, but a commissioner may serve on advisory boards
22and commissions or on other boards and commissions which do not
23promulgate any rules and regulations which may come before the
24commission for review under this subchapter.

25(b) Term.--Each appointment provided for under subsection
26(a), except for the Governor's appointment, shall be for a term
27of three years.

28(c) Vacancy.--An appointment to fill a vacancy for the
29remainder of the unexpired term shall be made in the same manner
30as set forth under subsection (a). Upon the expiration of a

1commissioner's term of office, the commissioner shall continue
2to hold office until a successor is appointed.

3(d) Compensation.--The commissioner who is elected to serve
4as the chairperson in accordance with subsection (g) shall
5receive $300 per day as compensation for services rendered to
6the commission. Each of the other commissioners shall receive
7$250 per day as compensation for services rendered to the
8commission. A commissioner shall also be entitled to
9reimbursement for travel and other necessary expenses incurred
10as a result of official duties. The expenses incurred by a
11commissioner or by an employee of the commission shall be paid
12on the presentation of itemized vouchers for the expenses. The
13vouchers shall be subject to the approval of the commission.

14(e) Removal.--Except as authorized under subsection (f) or
15(h) and except for the Governor's appointee who shall serve at
16the Governor's pleasure, a commissioner may not be removed
17during the commissioner's term of office. The Governor may, with
18the approval of two-thirds of the members of the Senate, upon
19clear and convincing evidence of misfeasance or malfeasance in
20office or neglect of duty, remove a commissioner prior to the
21expiration of the commissioner's term. The Governor shall
22provide the commissioner to be removed with a detailed written
23statement of the reasons for removal.

24(f) Suspension.--A commissioner formally charged before a 
25court of record with the commission of a felony or with a 
26misdemeanor under 18 Pa.C.S. Pt. II Art. E (relating to offenses 
27against public administration) shall immediately be suspended as 
28a commissioner until the charge is dismissed or a verdict of 
29acquittal is announced. If a commissioner pleads guilty or nolo 
30contendere or is found guilty of the offense, or receives 

1probation without verdict, disposition in lieu of trial or an 
2accelerated rehabilitative disposition for felony or misdemeanor 
3charges in this Commonwealth or in any other jurisdiction, the 
4commissioner shall immediately be removed from the commission 
5upon announcement of the verdict or disposition by the court or 
6upon the court's acceptance of a plea of guilty or nolo 
7contendere.

8(f.1) Financial interest.--

9(1) A commissioner may not participate in deliberations 
10regarding any regulation which significantly affects the 
11operation or activities of any organization in which the 
12commissioner or any member of the commissioner's family owns 
13shares of stock in excess of 5% of the total issue of the 
14stock, has an ownership interest in excess of 5% of the total 
15ownership or serves as an officer, director, trustee, partner 
16or employee. For the purposes of this paragraph, an 
17organization shall not include a nonprofit organization 
18certified under section 501(c)(3) of the Internal Revenue 
19Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) in 
20which the commissioner holds a nonsalaried position.

21(2) Within 90 days of appointment, and annually
22thereafter, each commissioner shall disclose all business
23affiliations and financial interests. The disclosure
24statement shall be filed with the executive director of the
25commission and the State Ethics Commission and shall be
26available for public inspection during business hours of the
27commission. Each commissioner's disclosure statement shall
28remain on file as long as the commissioner remains on the
29commission.

30(3) If a commissioner has or may have a conflict of

1interest or feels another commissioner has or may have a
2conflict of interest in deliberating on a regulation, the
3commissioner shall, prior to the vote on the regulation,
4disclose the conflict or potential conflict.

5(4) The commissioner may request a ruling from the
6chairperson of the commission upon the question of whether
7the conflict or potential conflict disqualifies the
8commissioner from voting on the regulation. A commissioner
9may challenge the ruling of the chairperson. If a ruling is
10challenged, the question shall be resolved by majority vote
11of the commission.

12(5) The chairperson or a majority of the commissioners
13may request the State Ethics Commission to provide advice
14regarding conflicts of interest. If advice is given by the
15State Ethics Commission, it shall be binding upon the
16commission.

17(6) A commissioner commits a misdemeanor of the second
18degree by knowingly and intentionally violating the
19provisions of this subsection.

20(7) The commission or its employees when acting in good
21faith on an opinion issued to a commissioner by the
22chairperson or the State Ethics Commission shall not be
23subject to criminal or civil penalties levied under 65
24Pa.C.S. Ch. 11 (relating to ethics standards and financial
25disclosure) for so acting, if the material facts are as
26stated in the request for an opinion.

27(8) In addition to the requirements of this subchapter,
28a commissioner shall be subject to 65 Pa.C.S. Ch. 11
29(relating to ethics standards in financial disclosure).

30(g) Chairperson.--The commission shall elect a chairperson,

1who shall serve for a term of two years and until a successor is
2elected. The chairperson shall preside at meetings of the
3commission and shall execute documents relating to the formal
4actions of the commission.

5(h) Meetings.--The commission shall meet before the period
6for its review of regulations under this subchapter expires and
7at other times as necessary to transact the business of the
8commission and ensure an expeditious and orderly review of
9regulations under this subchapter. Meetings shall be held at
10times and places set by the chairperson. A meeting may be
11scheduled by the commission upon the provision of at least ten
12days' notice to all affected agencies and the committees. A
13commissioner who does not attend three consecutive meetings
14without cause may be removed as a commissioner by the authority
15appointing the commissioner.

16(i) Quorum.--For purposes of conducting official business, a
17quorum consists of three commissioners. A commissioner must be
18physically present to be counted toward the quorum. If the
19commission is unable to conduct business for lack of a quorum,
20the deadline for the commission to take action on a regulation
21in accordance with this subchapter shall be postponed for 30
22days or until the next meeting at which a quorum is in
23attendance, whichever occurs first.

24§ 335. Proposed regulations; procedures for review.

25(a) General rule.--On the same date that an agency submits a
26proposed regulation to the Legislative Reference Bureau for
27publication of notice of proposed rulemaking in the Pennsylvania
28Bulletin as required under Subchapter A (relating to
29commonwealth documents law), the agency shall submit to the
30commission and the committees a copy of the proposed regulation

1and a regulatory analysis form which includes the following:

2(1) The title of the agency and the names, office
3addresses and telephone numbers of the agency officials
4responsible for responding to questions regarding the
5regulation or for receiving comments relating to the
6regulation.

7(1.1) A specific citation to the Federal or State
8statutory or regulatory authority or the decision of a
9Federal or State court under which the agency is proposing
10the regulation, which the regulation is designed to implement
11or which may mandate or affect compliance with the
12regulation.

13(2) A concise and, when possible, nontechnical
14explanation of the proposed regulation.

15(3) A statement of the need for the regulation.

16(4) Estimates of the direct and indirect costs to the
17Commonwealth, to its political subdivisions and to the
18private sector. Insofar as the proposed regulation relates to
19costs to the Commonwealth, the agency may submit in lieu of
20its own statement the fiscal note prepared by the Office of
21the Budget under Subchapter C (relating to fiscal review).

22(5) A statement of legal, accounting or consulting
23procedures and additional reporting, recordkeeping or other
24paperwork, including copies of forms or reports, which will
25be required for implementation of the regulation and an
26explanation of measures which have been taken to minimize
27these requirements.

28(6) (Reserved).

29(7) A schedule for review of the proposed regulation,
30including the date by which the agency must receive comments,

1the date or dates on which public hearings will be held, the
2expected date of promulgation of the proposed regulation as a
3final-form regulation, the expected effective date of the
4final-form regulation, the date by which compliance with the
5final-form regulation will be required and the date by which
6required permits, licenses or other approvals must be
7obtained.

8(8) (Reserved).

9(9) An identification of the types of persons,
10businesses and organizations which would be affected by the
11regulation.

12(10) An identification of the financial, economic and
13social impact of the regulation on individuals, business and
14labor communities and other public and private organizations
15and, when practicable, an evaluation of the benefits expected
16as a result of the regulation.

17(11) A description of any special provisions which have
18been developed to meet the particular needs of affected
19groups and persons, including minorities, the elderly, small
20businesses and farmers.

21(12) A description of any alternative regulatory
22provisions which have been considered and rejected and a
23statement that the least burdensome acceptable alternative
24has been selected.

25(13) A description of the plan developed for evaluating
26the continuing effectiveness of the regulation after its
27implementation.

28(b) Publication of information and public comment period.--

29(1) The requirements of subsection (a) shall not
30diminish the requirements of section 303 (relating to notice

1of proposed rulemaking), but the information required under
2this section may be included in the Notice of Proposed
3Rulemaking published in the Pennsylvania Bulletin in lieu of
4the information required under section 303(2) and (3).

5(2) The agency shall hold a public comment period which
6shall commence with the publication of the notice of proposed
7rulemaking and shall continue for not less than 30 days
8unless section 305(1) or (2) (relating to effective date of
9regulations) applies.

10(c) Copy of comments, reports and other documents to be
11provided.--

12(1) From the date of submission of the proposed
13regulation, the agency shall submit to the commission and the
14committees, within five business days of receipt, a copy of
15comments which the agency receives relating to the proposed
16regulation.

17(2) The agency shall also, upon request, submit to the
18commission and the committees copies of reports from advisory
19groups and other documents received from or disseminated to
20the public relating to the proposed regulation and public
21notices or announcements relating to solicitation of public
22comments or meetings which the agency held or will hold
23relating to the proposed regulation.

24(d) Committee response.--The committees may, at any time
25prior to the submittal of the regulation in final-form, convey
26to the agency and the commission their comments, recommendations
27and objections to the proposed regulation and a copy of any
28staff reports deemed pertinent. The comments, recommendations
29and objections may refer to the criteria under section 335.2
30(relating to criteria for review of regulations).

1(e) (Reserved).

2(f) Time for submitting proposed regulation to committees.--

3(1) An agency may not submit a proposed regulation to
4the committees for review during the period from the end of
5the legislative session in an even-numbered year to the date
6by which both committees have been designated in the next
7succeeding legislative session, but an agency may submit a
8proposed regulation and the material required under
9subsection (a) to the commission and the Legislative
10Reference Bureau during this period in accordance with
11subsection (a).

12(2) The public comment period shall commence with the
13publication of the notice of proposed rulemaking and end on
14the date designated by the agency under subsection (b).

15(3) The agency shall submit the proposed regulation and
16required material to the committees no later than the second
17Monday after the date by which both committee designations
18have been published in the Pennsylvania Bulletin.

19(4) If the agency does not deliver the proposed
20regulation and all material required under this section in
21the time prescribed under this subsection, the agency shall
22be deemed to have withdrawn the proposed regulation.

23(g) Commission response.--

24(1) The commission may, within 30 days after the close
25of the public comment period, convey to the agency and
26committees any comments, recommendations and objections to
27the proposed regulation. The comments, recommendations and
28objections shall specify the regulatory review criterion
29stated under section 335.2 which the proposed regulation has
30not met.

1(2) The following apply:

2(i) If the commission does not comment on, make
3recommendations regarding or object to any portion of the
4proposed regulation within the time provided under this
5subsection, the commission shall be deemed to have
6approved that portion of the proposed regulation.

7(ii) Disapproval of the final-form regulation by the
8commission shall relate only to comments, recommendations
9and objections raised by the commission to the proposed
10regulation to changes which the agency made to the
11proposed regulation or to recommendations, comments or
12objections which a committee conveyed to the agency or
13the commission.

14§ 335.1. Final-form regulations and final-omitted regulations;
15procedures for review.

16(a) Duties of agency.--

17(1) The agency shall review and consider public comments
18and the comments of the committees and commission under this
19section.

20(2) Within five business days of receipt of a public
21comment, the agency shall notify the commentator of the
22agency's address and telephone number where the commentator
23may submit a request for the information concerning the
24final-form regulation under subsection (b).

25(3) Upon completion of the agency's review of comments,
26the agency shall submit to the commission and the committees
27a copy of its response to the comments received, the names
28and addresses of commentators who have requested additional
29information relating to the final-form regulation and the
30text of the final-form regulation which the agency intends to

1adopt.

2(4) If an agency does not submit or withdraws and does
3not resubmit the final-form regulation within two years of
4the close of the public comment period but still desires to
5promulgate the final-form regulation, the agency shall
6republish the regulation as a proposed regulation with a new
7public comment period in accordance with Subchapter A
8(relating to commonwealth documents law).

9(5) If the agency is prevented from delivering its
10final-form regulation to the commission and the committees
11within the time period provided for under this subsection
12because of the adjournment sine die or expiration of the
13legislative session in an even-numbered year, the agency
14shall deliver its final-form regulation in accordance with
15subsection (f).

16(b) Notice of submission to commentators.--

17(1) On the same date that the agency submits the
18material required under subsection (a) to the commission and
19the committees, the agency shall send a notice of submission
20and a copy of the text of the final-form regulation or a copy
21of all changes to the proposed regulation which are
22incorporated into the final-form regulation to each
23commentator who requested this information under subsection
24(a).

25(2) The agency is not required to notify each party
26whose name appears on petitions or membership lists who did
27not present individual comments on the regulation.

28(c) Time period for filing.--

29(1) The agency shall submit final-omitted regulations to
30the commission and the committees for review under this

1section on the same date that the agency submits the
2regulations for review under section 313 (relating to
3Attorney General). The requirements of section 335 (relating
4to proposed regulations; procedures for review), except for
5the requirements for holding a public comment period and for
6notifying commentators, are applicable to final-omitted
7regulations.

8(2) If the agency makes revisions under subsection (g),
9the agency shall deliver copies of the revisions to the
10Attorney General on the same date that the agency delivers
11the revisions to the commission and the committees.

12(d) (Reserved).

13(e) Approval and disapproval.--The commission may have until
14its next scheduled meeting which occurs no less than 30 days
15after receipt of the final-form or final-omitted regulation to
16approve or disapprove the final-form or final-omitted
17regulation. The commission shall notify the agency and the
18committees of its approval or disapproval. If the commission
19does not disapprove the final-form or final-omitted regulation
20within the time allotted under this subsection, the commission
21shall be deemed to have approved the final-form or final-omitted
22regulation.

23(f) Delivery.--An agency may not deliver a final-form or
24final-omitted regulation to the commission and the committees
25after the adjournment sine die or expiration of the legislative
26session in an even-numbered year. The agency may not deliver the
27final-form or final-omitted regulation until the fourth Monday
28in January of the next year. On that date, the agency shall
29resubmit the final-form or final-omitted regulation and required
30material to the committees and the commission. If either

1committee has not been designated by the fourth Monday in
2January, the agency may not deliver the final-form or final-
3omitted regulation and required material to the committees and
4the commission until both committees are designated.

5(g) Changes.--Except as provided under this subsection, the
6agency may not make any changes to a final-form or final-omitted
7regulation after the agency submits the final-form or final-
8omitted regulation to the commission and the committees.

9(1) Prior to the expiration of the date on which either
10of the committees takes action on the final-form or final-
11omitted regulation, under subsection (j.2) or (j.3) or the
12expiration of the commission's review period prescribed under
13subsection (e), whichever occurs first, the agency may,
14unless the commission shall object, toll the time for the
15commission's and the committees' review of the final-form or
16final-omitted regulation in order to allow time for the
17agency to consider revisions to the final-form or final-
18omitted regulation recommended by the commission or a
19committee.

20(2) Tolling under paragraph (1) may last for up to 30
21days. If within 30 days the agency does not submit revisions
22to the committees and the commission or does not notify the
23commission and the committees in writing that it will not
24submit revisions but wishes the commission and the committees
25to resume their review, the agency shall be deemed to have
26withdrawn the final-form or final-omitted regulation.

27(3) The committees shall have the remainder of the 20-
28day review period or ten days from the date of receipt of the
29revised final-form or final-omitted regulation or written
30notification under paragraph (2), whichever is longer, to

1take action under subsection (j.2) or (j.3), and the
2commission may have until its next scheduled meeting which
3occurs after the expiration of the committee review period,
4but not less than 15 days after receipt of the revised final-
5form or final-omitted regulation or written notification
6under paragraph (2) to review the final-form or final-omitted
7regulation. If the commission does not disapprove the final-
8form or final-omitted regulation or a committee does not
9notify the commission and the agency that it has disapproved
10the regulation or that it intends to review the regulation
11under subsection (j.2), within the respective time periods,
12the regulation shall be deemed approved.

13(4) The agency may not toll the time for review of any
14final-form or final-omitted regulation more than one time.

15(5) The agency may not submit revisions or notification
16that the regulation will not be revised after the adjournment
17sine die or the expiration of the legislative session in an
18even-numbered year. If the committees and the commission are
19prevented from completing their review under this subsection
20because of the adjournment sine die or the expiration of the
21legislative session in an even-numbered year, the agency
22shall resubmit the final-form or final-omitted regulation and
23review shall proceed in accordance within subsection (j.3).

24(h) (Reserved).

25(i) (Reserved).

26(j) Comments.--The commission shall accept public comments
27only up to 48 hours prior to the commission's public meeting
28unless the comments are submitted at the request of the
29commission. The commission shall receive comments from the
30agency or members of the General Assembly until the commission

1acts on the regulation. The commission shall transmit comments
2received during the 48-hour period prior to the commission's
3public meeting to the agency and the committees upon receipt.
4The commission shall accept additional public comments only
5after the public meeting has been called to order.

6(j.1) Time for action.--A committee shall have at least 20
7days from receipt of the information required under subsection
8(a) or receipt of the information required under subsection (c)
9to take action under subsection (j.2). If the committees are
10prevented from completing their 20-day review because of the
11adjournment sine die or expiration of the legislative session in
12an even-numbered year, their review of the final-form or final-
13omitted regulation shall automatically be suspended until the
14fourth Monday in January of the next year. On that date, the
15agency shall resubmit the final-form or final-omitted regulation
16and required material to the committees and the commission.

17(1) If either committee has not been designated by the
18fourth Monday in January, the agency may not deliver the
19final-form or final-omitted regulation and required material
20to the commission and the committees until both committees
21have been designated.

22(2) If the agency does not deliver the final-form or
23final-omitted regulation and required material to the
24commission and the committees by the second Monday after the
25date by which both committee designations have been published
26in the Pennsylvania Bulletin, the agency shall be deemed to
27have withdrawn the regulation.

28(3) In computing the remaining time for committee
29review, the number of days in which the committees have had
30the final-form or the final-omitted regulation under review

1as of the adjournment sine die or expiration of the prior
2session shall be subtracted from the 20-day committee review
3period, but the committee review period in the next
4succeeding legislative session shall not be less than ten
5days.

6(4) The commission shall not act on a regulation until
7the committee review period has expired. This section shall
8not apply to emergency-certified regulations adopted under
9the provisions of section 336(d) (relating to procedures for
10disapproval of final-form and final-omitted regulations;
11emergency-certified regulations).

12(j.2) Notification of approval and disapproval.--At any time
13during the commission's review period up to 24 hours prior to
14the opening of the commission's public meeting, a committee may
15notify the commission and the agency that it has approved or
16disapproved a final-form or final-omitted regulation or that it
17intends to review the regulation. If the commission approves a
18regulation and a committee has not notified the commission and
19the agency that it has disapproved the regulation or that it
20intends to review the regulation, the agency may promulgate the
21regulation. If the commission approves a regulation and a
22committee has notified the commission and the agency that it has
23disapproved the regulation or that it intends to review the
24regulation, the agency may not promulgate the regulation for 14
25days after the committee has received the commission's approval
26order. During this 14-day period, the committee may take action
27on the regulation under section 337(d) (relating to procedures
28for subsequent review of disapproved final-form or final-omitted
29regulations). If at the expiration of the 14-day period the
30committee has not taken action on the regulation under section

1337(d), the agency may promulgate the regulation.

2(j.3) Automatic suspension of 14-day review.--If the
3committees are prevented from completing their 14-day review
4because of adjournment sine die or expiration of the legislative
5session in an even-numbered year, their review of the final-form
6or final-omitted regulation shall automatically be suspended
7until the fourth Monday in January of the next year. On that
8date, the agency shall resubmit the final-form or final-omitted
9regulation and required material to the committees and the
10commission.

11(1) If either committee has not been designated by the
12fourth Monday in January, the agency may not deliver the
13final-form or final-omitted regulation and required material
14to the committees and the commission until both committees
15are designated.

16(2) If the agency does not deliver the final-form or
17final-omitted regulation and required material to the
18commission and the committees by the second Monday after the
19date by which both committee designations have been published
20in the Pennsylvania Bulletin, the agency shall be deemed to
21have withdrawn the final-form or final-omitted regulation.

22(3) In determining the remaining time for committee
23review, the number of days in which the committees have had
24the final-form or the final-omitted regulation under review
25as of the adjournment sine die or expiration of the prior
26session shall be subtracted from the 14-day committee review
27period, but the committee review period in the next
28succeeding legislative session shall not be less than ten
29days.

30(4) An agency may not submit a final-form or final-

1omitted regulation to the commission or the committees for
2review during the period from the adjournment sine die or
3expiration of the legislative session of an even-numbered
4year to the date by which both committees have been
5designated in the next succeeding legislative session.

6(5) This subsection shall not apply to emergency-
7certified regulations adopted under the provisions of section
8336(d).

9(j.4) Disapproval.--If the commission disapproves a final-
10form or final-omitted regulation, the commission, the committees
11and the agency will proceed in accordance with section 336.

12(k) Comment retention.--The commission shall note and shall
13make a part of the public record all comments which it receives
14relating to a regulation and shall retain the comments for four
15years after the promulgation of the regulation.

16(l) Regulations.--Except for emergency-certified regulations
17adopted under section 336(d), an agency may not promulgate a
18regulation until completion of the review provided for under
19this subchapter.

20§ 335.2. Criteria for review of regulations.

21(a) Preliminary criteria.--In determining whether a
22proposed, final-form, final-omitted or existing regulation is in
23the public interest, the commission shall, first and foremost,
24determine whether the agency has the statutory authority to
25promulgate the regulation and whether the regulation conforms to
26the intention of the General Assembly in the enactment of the
27statute upon which the regulation is based. In making its
28determination, the commission shall consider written comments
29submitted by the committees and current members of the General
30Assembly, pertinent opinions of Pennsylvania's courts and formal

1opinions of the Attorney General.

2(b) General criteria.--Upon a finding that the regulation is
3consistent with the statutory authority of the agency and with
4the intention of the General Assembly in the enactment of the
5statute upon which the regulation is based, the commission shall
6consider the following in determining whether the regulation is
7in the public interest:

8(1) Economic or fiscal impacts of the regulation, which
9include the following:

10(i) Direct and indirect costs to the Commonwealth,
11to its political subdivisions and to the private sector.

12(ii) Adverse effects on prices of goods and
13services, productivity or competition.

14(iii) The nature of required reports, forms or other
15paperwork and the estimated cost of their preparation by
16individuals, businesses and organizations in the public
17and private sectors.

18(iv) The nature and estimated cost of legal,
19consulting or accounting services which the public or
20private sector may incur.

21(v) The impact on the public interest of exempting
22or setting lesser standards of compliance for individuals
23or small businesses when it is lawful, desirable and
24feasible to do so.

25(2) The protection of the public health, safety and
26welfare and the effect on this Commonwealth's natural
27resources.

28(3) The clarity, feasibility and reasonableness of the
29regulation to be determined by considering the following:

30(i) Possible conflict with or duplication of

1statutes or existing regulations.

2(ii) Clarity and lack of ambiguity.

3(iii) Need for the regulation.

4(iv) Reasonableness of requirements, implementation
5procedures and timetables for compliance by the public
6and private sectors.

7(4) Whether the regulation represents a policy decision
8of such a substantial nature that it requires legislative
9review.

10(5) Comments, objections or recommendations of a
11committee.

12(6) Compliance with the provisions of this subchapter or
13the regulations of the commission in promulgating the
14regulation.

15§ 336. Procedures for disapproval of final-form and final-
16omitted regulations; emergency-certified regulations.

17(a) Order.--If the commission disapproves a final-form or
18final-omitted regulation, the commission shall deliver its
19disapproval order to the Legislative Reference Bureau, the
20committees and the agency. The commission shall notify
21commentators who have requested additional information under
22section 335.1(a) (relating to final-form regulations and final-
23omitted regulations; procedures for review) of the commission's
24vote to disapprove. The disapproval order shall specify the
25regulatory review criteria which the final-form or final-omitted
26regulation has not met. The agency shall review the commission's
27order and proceed under section 337(a) (relating to procedures
28for subsequent review of disapproved final-form or final-omitted
29regulations).

30(b) Effect.--The commission's order disapproving a final-

1form or final-omitted regulation shall bar the agency from
2promulgating that regulation pending subsequent review under
3section 337.

4(c) (Reserved).

5(d) Prohibition.--

6(1) The commission may not issue an order barring an
7agency from promulgating a final-form or final-omitted
8regulation if the Attorney General certifies that the final-
9form or final-omitted regulation is required under the decree
10of any court or to implement the provisions of a statute of
11the United States or regulations issued thereunder by a
12Federal agency or if the Governor certifies that the final-
13form or final-omitted regulation is required to meet an
14emergency which includes conditions which may threaten the
15public health, safety or welfare, cause a budget deficit or
16create the need for supplemental or deficiency appropriations
17of greater than $1,000,000. In those cases, the final-form or
18final-omitted regulation may take effect on the date of
19publication or on a later date specified in the order
20adopting the final-form or final-omitted regulation.

21(2) The commission and the committees shall review the
22final-form or final-omitted regulation under the procedures
23provided for under this subchapter. If the final-form or
24final-omitted regulation is disapproved under those
25procedures, that regulation shall be rescinded after 120 days
26or upon final disapproval, whichever occurs later.

27§ 337. Procedures for subsequent review of disapproved final-
28form or final-omitted regulations.

29(a) General procedures.--An agency may select one of the
30following options for proceeding with a regulation which has

1been disapproved by the commission:

2(1) To proceed further with the final-form or final-
3omitted regulation under subsection (b).

4(2) To proceed further with the final-form or final-
5omitted regulation under subsection (c).

6(3) To withdraw the final-form or final-omitted
7regulation.

8(b) Report.--

9(1) If the agency decides to adopt the final-form or
10final-omitted regulation without revisions or further
11modifications, the agency shall submit a report to the
12committees and the commission within 40 days of the agency's
13receipt of the commission's disapproval order. The agency's
14report shall contain the final-form or final-omitted
15regulation, the commission's disapproval order and the
16agency's response and recommendations regarding the final-
17form or final-omitted regulation.

18(2) If the committees are prevented from receiving the
19report because of adjournment sine die or expiration of the
20legislative session in an even-numbered year, the agency
21shall submit its report to the commission and the committees
22on the fourth Monday in January of the next year. If either
23committee has not been designated by the fourth Monday in
24January, the agency may not deliver the report to the
25committees and the commission until both committees are
26designated, but the agency shall deliver its report to the
27commission and the committees no later than the second Monday
28after the date by which both committee designations have been
29published in the Pennsylvania Bulletin.

30(3) If the agency does not deliver the report to the

1committees and the commission in the time prescribed under
2this subsection, the agency shall be deemed to have withdrawn
3the final-form or final-omitted regulation.

4(c) Modifications before report.--

5(1) If the agency decides to revise or modify the final-
6form or final-omitted regulation in order to respond to
7objections raised by the commission and adopt that regulation
8with revisions or modifications, the agency shall submit a
9report to the committees and the commission within 40 days of
10the agency's receipt of the commission's disapproval order.
11The agency's report shall contain the revised final-form or
12final-omitted regulation, the findings of the commission and
13the agency's response and recommendations regarding the
14revised final-form or final-omitted regulation.

15(2) If the committees are prevented from receiving the
16report because of adjournment sine die or expiration of the
17legislative session in an even-numbered year, the agency
18shall submit the report to the commission and the committees
19on the fourth Monday in January of the next year. If either
20committee has not been designated by the fourth Monday in
21January, the agency may not deliver the report to the
22committees and the commission until both committees are
23designated, but the agency shall deliver its report to the
24commission and the committees no later than the second Monday
25after the date by which both committee designations have been
26published in the Pennsylvania Bulletin.

27(3) If the agency does not deliver its report to the
28commission and the committees in the time prescribed in this
29subsection, the agency shall be deemed to have withdrawn the
30final-form or final-omitted regulation.

1(c.1) Approval or disapproval order.--The commission may
2have until its next scheduled meeting, which occurs no less than
315 days from receipt of the agency's report, to approve or
4disapprove the agency's report. The commission shall deliver its
5approval or disapproval order to the committees for
6consideration by the General Assembly under subsection (d).

7(1) If the commission is prevented from delivering its
8order to the committees within the time period provided for
9under this subsection because of the adjournment sine die or
10expiration of the legislative session in an even-numbered
11year, the commission shall deliver its order on the fourth
12Monday of January of the next year.

13(2) If either committee has not been designated by the
14fourth Monday in January, the commission may not deliver its
15order to the committees until both committees are designated,
16but the commission shall deliver its order no later than the
17second Monday after the date by which both committee
18designations have been published in the Pennsylvania
19Bulletin.

20(3) If the commission does not deliver its order
21disapproving the agency's report and revised final-form or
22final-omitted regulation in the time prescribed under this
23subsection, the commission shall be deemed to have approved
24the agency's report and the revised final-form or final-
25omitted regulation.

26(d) Legislative presentation by concurrent resolution.--Upon
27receipt of the commission's order under subsection (c.1) or at
28the expiration of the commission's review period if the
29commission does not act on the regulation or does not deliver
30its order under subsection (c.1), one or both of the committees

1may, within 14 calendar days, report to the Senate or House of
2Representatives a concurrent resolution and notify the agency.
3During the 14-calendar-day period, the agency may not promulgate
4the final-form or final-omitted regulation.

5(1) If, by the expiration of the 14-calendar-day period,
6neither committee reports a concurrent resolution, the
7committees shall be deemed to have approved the final-form or
8final-omitted regulation, and the agency may promulgate that
9regulation.

10(2) If either committee reports a concurrent resolution
11before the expiration of the 14-day period, the Senate and
12the House of Representatives shall each have 30 calendar days
13or ten legislative days, whichever is longer, from the date
14on which the concurrent resolution has been reported, to
15adopt the concurrent resolution.

16(3) If the General Assembly adopts the concurrent
17resolution by majority vote in both the Senate and the House
18of Representatives, the concurrent resolution shall be
19presented to the Governor in accordance with section 9 of
20Article III of the Constitution of Pennsylvania.

21(4) If the Governor does not return the concurrent
22resolution to the General Assembly within ten calendar days
23after it is presented, the Governor shall be deemed to have
24approved the concurrent resolution.

25(5) If the Governor vetoes the concurrent resolution,
26the General Assembly may override that veto by a two-thirds
27vote in each house. The Senate and the House of
28Representatives shall each have 30 calendar days or ten
29legislative days, whichever is longer, to override the veto.

30(6) If the General Assembly does not adopt the

1concurrent resolution or override the veto in the time
2prescribed under this subsection, it shall be deemed to have
3approved the final-form or final-omitted regulation.

4(7) Notice as to any final disposition of a concurrent
5resolution considered in accordance with this section shall
6be published in the Pennsylvania Bulletin.

7(8) If the General Assembly adopts the concurrent
8resolution and the Governor approves or is deemed to have
9approved the concurrent resolution or if the General Assembly
10overrides the Governor's veto of the concurrent resolution,
11the agency shall be barred from promulgating the final-form
12or final-omitted regulation. The bar on promulgation of the
13final-form or final-omitted regulation shall continue until
14that regulation has been approved or deemed approved in
15accordance with this subsection.

16(9) If the General Assembly does not adopt the
17concurrent resolution or if the Governor vetoes the
18concurrent resolution and the General Assembly does not
19override the Governor's veto, the agency may promulgate the
20final-form or final-omitted regulation. The General Assembly
21may, at its discretion, adopt a concurrent resolution
22disapproving the final-form or final-omitted regulation to
23indicate the intent of the General Assembly but permit the
24agency to promulgate that regulation.

25§ 337.1. Classification of documents.

26If the commission or a committee finds that a published or
27unpublished document should be promulgated as a regulation, the
28commission or committee may present the matter to the Joint
29Committee on Documents. The Joint Committee on Documents shall
30determine whether the document should be promulgated as a

1regulation and may order an agency either to promulgate the
2document as a regulation within 180 days or to desist from the
3use of the document in the business of the agency.

4§ 338. Changes in final-form and final-omitted regulations.

5(a) General rule.--Except as provided in subsection (b), an
6agency may not make changes to a final-form or final-omitted
7regulation after that regulation has been approved or has been
8deemed approved by the committees or the commission under this
9subchapter.

10(b) Exception.--Subsection (a) shall not apply to changes
11made at the direction of the Office of Attorney General under
12its review under section 313 (relating to Attorney General).

13§ 338.1. Existing regulations.

14The commission, on its motion or at the request of any person
15or member of the General Assembly, may review an existing
16regulation which has been in effect for at least three years. If
17a committee of the Senate or the House of Representatives
18requests a review of an existing regulation, the commission
19shall perform the review and shall assign it high priority. The
20commission may submit recommendations to an agency recommending
21changes in existing regulations if it finds the existing
22regulations to be contrary to the public interest under the
23criteria established under section 335.2 (relating to criteria
24for review of regulations). The commission may also make
25recommendations to the General Assembly and the Governor for
26statutory changes if the commission finds that any existing
27regulation may be contrary to the public interest.

28§ 339. Commission staff.

29(a) Executive director and other employees.--The commission
30shall appoint and fix the compensation of a full-time executive

1director, who shall be responsible for the general supervision
2of all the affairs of the commission and for performing any
3administrative function or duty which the commission may
4delegate to the executive director. The commission shall appoint
5and fix the compensation of such other employees as the
6commission may find necessary for the proper operation of the
7commission.

8(b) Chief counsel.--The commission shall appoint and fix the
9compensation of a full-time chief counsel, who shall not be
10subject to the supervision of the Attorney General or the
11General Counsel. The chief counsel shall supervise, coordinate
12and administer the legal services provided to the commission.

13§ 340. Subpoena power.

14The commission has the authority to issue subpoenas for the
15purpose of requiring the attendance of persons and the
16production of documents relating to any function which the
17commission or its staff is authorized to perform under this
18subchapter. The chairperson or the executive director may sign a
19subpoena. The subpoena may be served in any manner authorized
20under the laws of this Commonwealth. The commission is
21authorized to apply to the Commonwealth Court to enforce its
22subpoenas.

23§ 341. Regulations; annual reports; hearings and advisory group
24meetings.

25(a) Regulations.--

26(1) The commission, in the performance of its functions
27under this subchapter, has the power to promulgate and
28enforce regulations necessary to carry out the purposes of
29this subchapter.

30(2) Regulations must be promulgated in accordance with

1the procedures established under Subchapter A (relating to
2commonwealth documents law).

3(3) The regulations shall provide for the commission's
4notification of filings of final-form and final-omitted
5regulations to parties likely to be affected by the final-
6form and final-omitted regulations through publication of a
7notice in the Pennsylvania Bulletin.

8(4) Prior to the regulations taking effect, the
9requirements of this subchapter must be satisfied. For the
10purposes of reviewing the regulations of the commission and
11otherwise satisfying the requirements of this subchapter, the
12Joint Committee on Documents shall exercise the rights and
13perform the functions of the commission and the commission
14shall exercise the rights and perform the functions of an
15agency under this subchapter.

16(b) Annual report.--By April 1, the commission shall file an
17annual report of its activities for the prior calendar year with
18the Governor, the Secretary of the Senate and the Chief Clerk of
19the House of Representatives.

20(c) Hearings.--The commission may hold public hearings on
21any matter before the commission and may meet with advisory
22groups regarding matters before the commission.

23§ 342. Clearinghouse.

24The commission shall act as a clearinghouse for complaints,
25comments and other input from members of the General Assembly
26and from the public regarding existing, proposed, final-form and
27final-omitted regulations. The commission shall maintain
28accurate records regarding complaints and comments it receives
29and shall maintain such records by departmental and subject
30matter categories for four years after the date of receipt by

1the commission. When the commission files its annual report as
2provided under section 341 (relating to regulations; annual
3reports; hearings and advisory group meetings), the commission
4shall include within it a summary of public complaint and
5comment along with any recommendations the commission may offer
6for statutory change.

7§ 342.1. Gubernatorial review.

8The Governor may institute procedures for the review and 
9approval of regulations promulgated by executive agencies prior 
10to their submittal for review under this subchapter, including 
11the establishment of a task force or committee, by executive 
12order. The Governor may also establish procedures for the 
13effective coordination of the review of regulations under 
14Subchapters B (relating to legal review) and C (relating to 
15fiscal review) and section 2203-A of the act of April 9, 1929 
16(P.L.177, No.175), known as The Administrative Code of 1929.

17Section 3. Repeals are as follows:

18(1) The General Assembly declares as follows:

19(i) The repeal under paragraph (2)(ii) is necessary
20to effectuate the addition of 2 Pa.C.S. Ch. 3 Subch. A.

21(ii) The repeal under paragraph (2)(iii) is
22necessary to effectuate the addition of 2 Pa.C.S. Ch. 3
23Subch. B.

24(iii) The repeal under paragraph (2)(i) is necessary
25to effectuate the addition of 2 Pa.C.S. Ch. 3 Subch. C.

26(iv) The repeal under paragraph (2)(iv) is necessary
27to effectuate the addition of 2 Pa.C.S. Ch. 3 Subch. D.

28(2) The following acts and parts of acts are repealed:

29(i) Section 612 of the act of April 9, 1929
30(P.L.177, No.175), known as The Administrative Code of

11929.

2(ii) The act of July 31, 1968 (P.L.769, No.240),
3referred to as the Commonwealth Documents Law.

4(iii) Sections 204(b) and 301(10) of the act of
5October 15, 1980 (P.L.950, No.164), known as the
6Commonwealth Attorneys Act.

7(iv) The act of June 25, 1982 (P.L.633, No.181),
8known as the Regulatory Review Act.

9Section 4. Continuation is as follows:

10(1) The addition of 2 Pa.C.S. Ch. 3 Subch. A is a
11continuation of the act of July 31, 1968 (P.L.769, No.240),
12referred to as the Commonwealth Documents Law. The following
13apply:

14(i) Except as otherwise provided in 2 Pa.C.S. Ch. 3
15Subch. A, all activities initiated under the Commonwealth
16Documents Law shall continue and remain in full force and
17effect and may be completed under 2 Pa.C.S. Ch. 3 Subch.
18A. Orders, regulations, rules and decisions which were
19made under the Commonwealth Documents Law and which are
20in effect on the effective date of section 3(2)(ii) of
21this act shall remain in full force and effect until
22revoked, vacated or modified under 2 Pa.C.S. Ch. 3 Subch.
23A. Contracts, obligations and collective bargaining
24agreements entered into under the Commonwealth Documents
25Law are not affected nor impaired by the repeal of the
26Commonwealth Documents Law.

27(ii) Except as set forth in subparagraph (iii), any
28difference in language between 2 Pa.C.S. Ch. 3 Subch. A
29and the Commonwealth Documents Law is intended only to
30conform to the style of the Pennsylvania Consolidated

1Statutes and is not intended to change or affect the
2legislative intent, judicial construction or
3administration and implementation of the Commonwealth
4Documents Law.

5(iii) (Reserved).

6(2) The addition of 2 Pa.C.S. Ch. 3 Subch. B is a
7continuation of sections 204(b) and 301(10) of the act of
8October 15, 1980 (P.L.950, No.164), known as the Commonwealth
9Attorneys Act. The following apply:

10(i) Except as otherwise provided in 2 Pa.C.S. Ch. 3
11Subch. B, all activities initiated under sections 204(b)
12and 301(10) of the Commonwealth Attorneys Act shall
13continue and remain in full force and effect and may be
14completed under 2 Pa.C.S. Ch. 3 Subch. B. Orders,
15regulations, rules and decisions which were made under
16sections 204(b) and 301(10) of the Commonwealth Attorneys
17Act and which are in effect on the effective date of
18section 3(2)(iii) of this act shall remain in full force
19and effect until revoked, vacated or modified under 2
20Pa.C.S. Ch. 3 Subch. B. Contracts, obligations and
21collective bargaining agreements entered into under
22sections 204(b) and 301(10) of the Commonwealth Attorneys
23Act are not affected nor impaired by the repeal of
24sections 204(b) and 301(10) of the Commonwealth Attorneys
25Act.

26(ii) Except as set forth in subparagraph (iii), any
27difference in language between 2 Pa.C.S. Ch. 3 Subch. B
28and sections 204(b) and 301(10) of the Commonwealth
29Attorneys Act is intended only to conform to the style of
30the Pennsylvania Consolidated Statutes and is not

1intended to change or affect the legislative intent,
2judicial construction or administration and
3implementation of sections 204(b) and 301(10) of the
4Commonwealth Attorneys Act.

5(iii) Subparagraph (ii) does not apply to the
6addition of 2 Pa.C.S. § 311.

7(3) The addition of 2 Pa.C.S. Ch. 3 Subch. C is a
8continuation of section 612 of the act of April 9, 1929
9(P.L.177, No.175), known as The Administrative Code of 1929.
10The following apply:

11(i) Except as otherwise provided in 2 Pa.C.S. Ch. 3
12Subch. C, all activities initiated under section 612 of
13The Administrative Code of 1929 shall continue and remain
14in full force and effect and may be completed under 2
15Pa.C.S. Ch. 3 Subch. C. Orders, regulations, rules and
16decisions which were made under section 612 of The
17Administrative Code of 1929 and which are in effect on
18the effective date of section 3(2)(i) of this act shall
19remain in full force and effect until revoked, vacated or
20modified under 2 Pa.C.S. Ch. 3 Subch. C. Contracts,
21obligations and collective bargaining agreements entered
22into under section 612 of The Administrative Code of 1929
23are not affected nor impaired by the repeal of section
24612 of The Administrative Code of 1929.

25(ii) Except as set forth in subparagraph (iii), any
26difference in language between 2 Pa.C.S. Ch. 3 Subch. C
27and section 612 of The Administrative Code of 1929 is
28intended only to conform to the style of the Pennsylvania
29Consolidated Statutes and is not intended to change or
30affect the legislative intent, judicial construction or

1administration and implementation of section 612 of The
2Administrative Code of 1929.

3(iii) Subparagraph (ii) does not apply to the
4addition of 2 Pa.C.S. § 321.

5(4) The addition of 2 Pa.C.S. Ch. 3 Subch. D is a
6continuation of the act of June 25, 1982 (P.L.633, No.181),
7known as the Regulatory Review Act. The following apply:

8(i) Except as otherwise provided in 2 Pa.C.S. Ch. 3
9Subch. D, all activities initiated under the Regulatory
10Review Act shall continue and remain in full force and
11effect and may be completed under 2 Pa.C.S. Ch. 3 Subch.
12D. Orders, regulations, rules and decisions which were
13made under the Regulatory Review Act and which are in
14effect on the effective date of section 3(iv) of this act
15shall remain in full force and effect until revoked,
16vacated or modified under 2 Pa.C.S. Ch. 3 Subch. D.
17Contracts, obligations and collective bargaining
18agreements entered into under the Regulatory Review Act
19are not affected nor impaired by the repeal of the
20Regulatory Review Act.

21(ii) Except as set forth in subparagraph (iii), any
22difference in language between 2 Pa.C.S. Ch. 3 Subch. D
23and the Regulatory Review Act is intended only to conform
24to the style of the Pennsylvania Consolidated Statutes
25and is not intended to change or affect the legislative
26intent, judicial construction or administration and
27implementation of the Regulatory Review Act.

28(iii) (Reserved).

29Section 5. This act shall take effect in 60 days.