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) Additional intent.--This subchapter is intended to
10improve State rulemaking by creating procedures to analyze the
11availability of more flexible regulatory approaches for small
12businesses in accordance with the following findings:

13(1) A vibrant and growing small business sector is
14critical to creating jobs in a dynamic economy.

15(2) Small businesses bear a disproportionate share of
16regulatory costs and burdens.

17(3) Fundamental changes that are needed in the
18regulatory and enforcement culture of agencies to make them
19more responsive to small business can be made without
20compromising the statutory missions of the agencies.

21(4) When adopting regulations to protect the health,
22safety and economic welfare of the Commonwealth, agencies
23should seek to achieve statutory goals as effectively and
24efficiently as possible without imposing unnecessary burdens
25on small business.

26(5) Uniform regulatory and reporting requirements can
27impose unnecessary and disproportionately burdensome demands,
28including legal, accounting and consulting costs upon small
29businesses with limited resources.

30(6) The failure to recognize differences in the scale

1and resources of regulated businesses can adversely affect
2competition in the marketplace, discourage innovation and
3restrict improvements in productivity.

4(7) Unnecessary regulations create entry barriers in
5many industries and discourage potential entrepreneurs from
6introducing beneficial products and processes.

7(8) The practice of treating all regulated businesses
8similarly may lead to inefficient use of regulatory agency
9resources, enforcement problems and, in some cases, to
10actions inconsistent with the legislative intent of health,
11safety, environmental and economic welfare legislation.

12(9) Alternative regulatory approaches which do not
13conflict with the stated objective of applicable statutes may
14be available to minimize the significant economic impact of
15rules on small businesses.

16(10) The process by which State regulations are
17developed and adopted should be reformed to require agencies
18to solicit the ideas and comments of small businesses, to
19examine the impact of proposed and existing rules on such
20businesses and to review the continued need for existing
21rules.

<-22(c) (d) Right or benefit.--This subchapter is not intended
23to create a right or benefit, substantive or procedural,
24enforceable at law by a person against another person or against
25the Commonwealth, its agencies or its officers.

26§ 333. Definitions.

27The following words and phrases when used in this subchapter
28shall have the meanings given to them in this section unless the
29context clearly indicates otherwise:

<-30"Acceptable data." Empirical, replicable and testable data

1as evidenced in supporting documentation, statistics, reports,
2studies or research.

3"Agency." Any department, departmental administrative board
4or commission, independent board or commission, agency or other
5authority of this Commonwealth. The term shall not include the
6Senate or the House of Representatives, the Pennsylvania Fish
7and Boat Commission, the Pennsylvania Game Commission or any
8court, political subdivision, municipal or local authority.

9"Commission." The Independent Regulatory Review Commission.

10"Committee." A standing committee of the Senate or the House
11of Representatives designated by the President pro tempore of
12the Senate for the Senate or by the Speaker of the House of
13Representatives for the House. The designation shall prescribe
14the jurisdiction of each standing committee over the various
15State agencies for purposes of this subchapter. The designation
16shall be transmitted to the Legislative Reference Bureau for
17publication in the Pennsylvania Bulletin.

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

19"Final-form regulation." A regulation previously published
20as a proposed regulation under Subchapter A (relating to
21commonwealth documents law), which an agency submits to the
22commission and the committees following the close of the public
23comment period.

24"Final-omitted regulation." A regulation which an agency
25submits to the commission and the committees for which the
26agency has omitted notice of proposed rulemaking under section
27306 (relating to omission of notice of proposed rulemaking).

28"Promulgate." To publish an order adopting a final-form or
29final-omitted regulation in accordance with Subchapter A
30(relating to commonwealth documents law).

1"Proposed regulation." A document intended for promulgation
2as a regulation which an agency submits to the commission and
3the committees and for which the agency gives notice of proposed
4rulemaking and holds a public comment period under Subchapter A
5(relating to commonwealth documents law).

6"Regulation."

7(1) The term shall include:

8(i) Any rule or regulation or order in the nature of
9a rule or regulation promulgated by an agency under
10statutory authority in the administration of any statute
11administered by or relating to the agency or amending,
12revising or otherwise altering the terms and provisions
13of an existing regulation, or prescribing the practice or
14procedure before the agency.

15(ii) Actions of the Pennsylvania Liquor Control
16Board which have an effect on the discount rate for
17retail licensees.

18(iii) Notwithstanding paragraph (2), a regulation
19which may be promulgated by an agency, only with the
20approval of the Governor.

21(2) The term shall not include a proclamation, executive
22order, directive or similar document issued by the Governor.

<-23"Small business." As defined in accordance with the size
24standards described by the United States Small Business
25Administration's Small Business Size Regulations under 13 CFR
26Ch. 1 Pt. 121 (relating to Small Business Size Regulations).

27"Withdrawal." Removal of a proposed, final-form or final-
28omitted regulation by an agency from the review process so that
29the commission and the committees are prevented from taking
30further action on the regulation.

1§ 334. Composition of commission; membership; compensation;
2vacancies; removal.

3(a) Composition.--The commission shall consist of five
4members to be known as commissioners. One commissioner shall be
5appointed by the Governor to serve at the Governor's pleasure,
6one by the President pro tempore of the Senate, one by the
7Speaker of the House of Representatives, one by the Minority
8Leader of the Senate and one by the Minority Leader of the House
9of Representatives. A member of the General Assembly or any
10other officer or employee of State government may not serve as a
11commissioner, but a commissioner may serve on advisory boards
12and commissions or on other boards and commissions which do not
13promulgate any rules and regulations which may come before the
14commission for review under this subchapter.

15(b) Term.--Each appointment provided for under subsection
16(a), except for the Governor's appointment, shall be for a term
17of three years.

18(c) Vacancy.--An appointment to fill a vacancy for the
19remainder of the unexpired term shall be made in the same manner
20as set forth under subsection (a). Upon the expiration of a
21commissioner's term of office, the commissioner shall continue
22to hold office until a successor is appointed.

23(d) Compensation.--The commissioner who is elected to serve
24as the chairperson in accordance with subsection (g) shall
25receive $300 per day as compensation for services rendered to
26the commission. Each of the other commissioners shall receive
27$250 per day as compensation for services rendered to the
28commission. A commissioner shall also be entitled to
29reimbursement for travel and other necessary expenses incurred
30as a result of official duties. The expenses incurred by a

1commissioner or by an employee of the commission shall be paid
2on the presentation of itemized vouchers for the expenses. The
3vouchers shall be subject to the approval of the commission.

4(e) Removal.--Except as authorized under subsection (f) or
5(h) and except for the Governor's appointee who shall serve at
6the Governor's pleasure, a commissioner may not be removed
7during the commissioner's term of office. The Governor may, with
8the approval of two-thirds of the members of the Senate, upon
9clear and convincing evidence of misfeasance or malfeasance in
10office or neglect of duty, remove a commissioner prior to the
11expiration of the commissioner's term. The Governor shall
12provide the commissioner to be removed with a detailed written
13statement of the reasons for removal.

14(f) Suspension.--A commissioner formally charged before a 
15court of record with the commission of a felony or with a 
16misdemeanor under 18 Pa.C.S. Pt. II Art. E (relating to offenses 
17against public administration) shall immediately be suspended as 
18a commissioner until the charge is dismissed or a verdict of 
19acquittal is announced. If a commissioner pleads guilty or nolo 
20contendere or is found guilty of the offense, or receives 
21probation without verdict, disposition in lieu of trial or an 
22accelerated rehabilitative disposition for felony or misdemeanor 
23charges in this Commonwealth or in any other jurisdiction, the 
24commissioner shall immediately be removed from the commission 
25upon announcement of the verdict or disposition by the court or 
26upon the court's acceptance of a plea of guilty or nolo 
27contendere.

28(f.1) Financial interest.--

29(1) A commissioner may not participate in deliberations 
30regarding any regulation which significantly affects the 

1operation or activities of any organization in which the 
2commissioner or any member of the commissioner's family owns 
3shares of stock in excess of 5% of the total issue of the 
4stock, has an ownership interest in excess of 5% of the total 
5ownership or serves as an officer, director, trustee, partner 
6or employee. For the purposes of this paragraph, an 
7organization shall not include a nonprofit organization 
8certified under section 501(c)(3) of the Internal Revenue 
9Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) in 
10which the commissioner holds a nonsalaried position.

11(2) Within 90 days of appointment, and annually
12thereafter, each commissioner shall disclose all business
13affiliations and financial interests. The disclosure
14statement shall be filed with the executive director of the
15commission and the State Ethics Commission and shall be
16available for public inspection during business hours of the
17commission. Each commissioner's disclosure statement shall
18remain on file as long as the commissioner remains on the
19commission.

20(3) If a commissioner has or may have a conflict of
21interest or feels another commissioner has or may have a
22conflict of interest in deliberating on a regulation, the
23commissioner shall, prior to the vote on the regulation,
24disclose the conflict or potential conflict.

25(4) The commissioner may request a ruling from the
26chairperson of the commission upon the question of whether
27the conflict or potential conflict disqualifies the
28commissioner from voting on the regulation. A commissioner
29may challenge the ruling of the chairperson. If a ruling is
30challenged, the question shall be resolved by majority vote

1of the commission.

2(5) The chairperson or a majority of the commissioners
3may request the State Ethics Commission to provide advice
4regarding conflicts of interest. If advice is given by the
5State Ethics Commission, it shall be binding upon the
6commission.

7(6) A commissioner commits a misdemeanor of the second
8degree by knowingly and intentionally violating the
9provisions of this subsection.

10(7) The commission or its employees when acting in good
11faith on an opinion issued to a commissioner by the
12chairperson or the State Ethics Commission shall not be
13subject to criminal or civil penalties levied under 65
14Pa.C.S. Ch. 11 (relating to ethics standards and financial
15disclosure) for so acting, if the material facts are as
16stated in the request for an opinion.

17(8) In addition to the requirements of this subchapter,
18a commissioner shall be subject to 65 Pa.C.S. Ch. 11
19(relating to ethics standards in financial disclosure).

20(g) Chairperson.--The commission shall elect a chairperson,
21who shall serve for a term of two years and until a successor is
22elected. The chairperson shall preside at meetings of the
23commission and shall execute documents relating to the formal
24actions of the commission.

25(h) Meetings.--The commission shall meet before the period
26for its review of regulations under this subchapter expires and
27at other times as necessary to transact the business of the
28commission and ensure an expeditious and orderly review of
29regulations under this subchapter. Meetings shall be held at
30times and places set by the chairperson. A meeting may be

1scheduled by the commission upon the provision of at least ten
2days' notice to all affected agencies and the committees. A
3commissioner who does not attend three consecutive meetings
4without cause may be removed as a commissioner by the authority
5appointing the commissioner.

6(i) Quorum.--For purposes of conducting official business, a
7quorum consists of three commissioners. A commissioner must be
8physically present to be counted toward the quorum. If the
9commission is unable to conduct business for lack of a quorum,
10the deadline for the commission to take action on a regulation
11in accordance with this subchapter shall be postponed for 30
12days or until the next meeting at which a quorum is in
13attendance, whichever occurs first.

14§ 335. Proposed regulations; procedures for review.

15(a) General rule.--On the same date that an agency submits a
16proposed regulation to the Legislative Reference Bureau for
17publication of notice of proposed rulemaking in the Pennsylvania
18Bulletin as required under Subchapter A (relating to
19commonwealth documents law), the agency shall submit to the
20commission and the committees a copy of the proposed regulation
21and a regulatory analysis form which includes the following:

22(1) The title of the agency and the names, office
23addresses and telephone numbers of the agency officials
24responsible for responding to questions regarding the
25regulation or for receiving comments relating to the
26regulation.

27(1.1) A specific citation to the Federal or State
28statutory or regulatory authority or the decision of a
29Federal or State court under which the agency is proposing
30the regulation, which the regulation is designed to implement

1or which may mandate or affect compliance with the
2regulation.

3(2) A concise and, when possible, nontechnical
4explanation of the proposed regulation.

5(3) A statement of the need for the regulation.

6(4) Estimates of the direct and indirect costs to the
7Commonwealth, to its political subdivisions and to the
8private sector. Insofar as the proposed regulation relates to
9costs to the Commonwealth, the agency may submit in lieu of
10its own statement the fiscal note prepared by the Office of
11the Budget under Subchapter C (relating to fiscal review).

12(5) A statement of legal, accounting or consulting
13procedures and additional reporting, recordkeeping or other
14paperwork, including copies of forms or reports, which will
15be required for implementation of the regulation and an
16explanation of measures which have been taken to minimize
17these requirements.

18(6) (Reserved).

19(7) A schedule for review of the proposed regulation,
20including the date by which the agency must receive comments,
21the date or dates on which public hearings will be held, the
22expected date of promulgation of the proposed regulation as a
23final-form regulation, the expected effective date of the
24final-form regulation, the date by which compliance with the
25final-form regulation will be required and the date by which
26required permits, licenses or other approvals must be
27obtained.

28(8) (Reserved).

29(9) An identification of the types of persons, <-small 
30businesses, businesses and organizations which would be

1affected by the regulation.

2(10) An identification of the financial, economic and
3social impact of the regulation on individuals, <-small 
4businesses, business and labor communities and other public
5and private organizations and, when practicable, an
6evaluation of the benefits expected as a result of the
7regulation.

<-8(10.1) For any proposed regulation that may have an
9adverse impact on small businesses, an economic impact
10statement that includes the following:

11(i) An identification and estimate of the number of
12the small businesses subject to the proposed regulation.

13(ii) The projected reporting, recordkeeping and
14other administrative costs required for compliance with
15the proposed regulation, including the type of
16professional skills necessary for preparation of the
17report or record.

18(iii) A statement of the probable effect on impacted
19small businesses.

20(iv) A description of any less intrusive or less
21costly alternative methods of achieving the purpose of
22the proposed regulation.

23(11) A description of any special provisions which have
24been developed to meet the particular needs of affected
25groups and persons, including minorities, the elderly, small
26businesses and farmers.

27(12) A description of any alternative regulatory
28provisions which have been considered and rejected and a
29statement that the least burdensome acceptable alternative
30has been selected.

<-1(12.1) A regulatory flexibility analysis in which the
2agency shall, if consistent with health, safety,
3environmental and economic welfare, consider utilizing
4regulatory methods that will accomplish the objectives of
5applicable statutes while minimizing adverse impact on small
6businesses. The agency shall consider, without limitation,
7each of the following methods of reducing the impact of the
8proposed regulation on small businesses:

9(i) the establishment of less stringent compliance
10or reporting requirements for small businesses;

11(ii) the establishment of less stringent schedules
12or deadlines for compliance or reporting requirements for
13small businesses;

14(iii) the consolidation or simplification of
15compliance or reporting requirements for small
16businesses;

17(iv) the establishment of performance standards for
18small businesses to replace design or operational
19standards required in the proposed regulation; and

20(v) the exemption of small businesses from all or
21any part of the requirements contained in the proposed
22regulation.

23(13) A description of the plan developed for evaluating
24the continuing effectiveness of the regulation after its
25implementation.

<-26(14) A description of any data upon which a regulation
27is based with a detailed explanation of how the data was
28obtained and why the data is acceptable data. An agency
29advocating that any data is acceptable data shall have the
30burden of proving that the data is acceptable.

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

2(1) The requirements of subsection (a) shall not
3diminish the requirements of section 303 (relating to notice
4of proposed rulemaking), but the information required under
5this section may be included in the Notice of Proposed
6Rulemaking published in the Pennsylvania Bulletin in lieu of
7the information required under section 303(2) and (3).

8(2) The agency shall hold a public comment period which
9shall commence with the publication of the notice of proposed
10rulemaking and shall continue for not less than 30 days
11unless section 305(1) or (2) (relating to effective date of
12regulations) applies.

13(c) Copy of comments, reports and other documents to be
14provided.--

15(1) From the date of submission of the proposed
16regulation, the agency shall submit to the commission and the
17committees, within five business days of receipt, a copy of
18comments which the agency receives relating to the proposed
19regulation.

20(2) The agency shall also, upon request, submit to the
21commission and the committees copies of reports from advisory
22groups and other documents received from or disseminated to
23the public relating to the proposed regulation and public
24notices or announcements relating to solicitation of public
25comments or meetings which the agency held or will hold
26relating to the proposed regulation.

27(d) Committee response.--The committees may, at any time
28prior to the submittal of the regulation in final-form, convey
29to the agency and the commission their comments, recommendations
30and objections to the proposed regulation and a copy of any

1staff reports deemed pertinent. The comments, recommendations
2and objections may refer to the criteria under section 335.2
3(relating to criteria for review of regulations).

4(e) (Reserved).

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

6(1) An agency may not submit a proposed regulation to
7the committees for review during the period from the end of
8the legislative session in an even-numbered year to the date
9by which both committees have been designated in the next
10succeeding legislative session, but an agency may submit a
11proposed regulation and the material required under
12subsection (a) to the commission and the Legislative
13Reference Bureau during this period in accordance with
14subsection (a).

15(2) The public comment period shall commence with the
16publication of the notice of proposed rulemaking and end on
17the date designated by the agency under subsection (b).

18(3) The agency shall submit the proposed regulation and
19required material to the committees no later than the second
20Monday after the date by which both committee designations
21have been published in the Pennsylvania Bulletin.

22(4) If the agency does not deliver the proposed
23regulation and all material required under this section in
24the time prescribed under this subsection, the agency shall
25be deemed to have withdrawn the proposed regulation.

26(g) Commission response.--

27(1) The commission may, within 30 days after the close
28of the public comment period, convey to the agency and
29committees any comments, recommendations and objections to
30the proposed regulation. The comments, recommendations and

1objections shall specify the regulatory review criterion
2stated under section 335.2 which the proposed regulation has
3not met.

4(2) The following apply:

5(i) If the commission does not comment on, make
6recommendations regarding or object to any portion of the
7proposed regulation within the time provided under this
8subsection, the commission shall be deemed to have
9approved that portion of the proposed regulation.

10(ii) Disapproval of the final-form regulation by the
11commission shall relate only to comments, recommendations
12and objections raised by the commission to the proposed
13regulation to changes which the agency made to the
14proposed regulation or to recommendations, comments or
15objections which a committee conveyed to the agency or
16the commission.

<-17(h) Comments.--The commission shall provide comments to the
18agency if the required submissions under subsection (a)(9),
19(10), (10.1) and (12.1) demonstrate an adverse impact on small
20businesses.

21§ 335.1. Final-form regulations and final-omitted regulations;
22procedures for review.

23(a) Duties of agency.--

24(1) The agency shall review and consider public comments
25and the comments of the committees and commission under this
26section.

27(2) Within five business days of receipt of a public
28comment, the agency shall notify the commentator of the
29agency's address and telephone number where the commentator
30may submit a request for the information concerning the

1final-form regulation under subsection (b).

2(3) Upon completion of the agency's review of comments,
3the agency shall submit to the commission and the committees
4a copy of its response to the comments received, the names
5and addresses of commentators who have requested additional
6information relating to the final-form regulation and the
7text of the final-form regulation which the agency intends to
8adopt.

9(4) If an agency does not submit or withdraws and does
10not resubmit the final-form regulation within two years of
11the close of the public comment period but still desires to
12promulgate the final-form regulation, the agency shall
13republish the regulation as a proposed regulation with a new
14public comment period in accordance with Subchapter A
15(relating to commonwealth documents law).

16(5) If the agency is prevented from delivering its
17final-form regulation to the commission and the committees
18within the time period provided for under this subsection
19because of the adjournment sine die or expiration of the
20legislative session in an even-numbered year, the agency
21shall deliver its final-form regulation in accordance with
22subsection (f).

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

24(1) On the same date that the agency submits the
25material required under subsection (a) to the commission and
26the committees, the agency shall send a notice of submission
27and a copy of the text of the final-form regulation or a copy
28of all changes to the proposed regulation which are
29incorporated into the final-form regulation to each
30commentator who requested this information under subsection

1(a).

2(2) The agency is not required to notify each party
3whose name appears on petitions or membership lists who did
4not present individual comments on the regulation.

5(c) Time period for filing.--

6(1) The agency shall submit final-omitted regulations to
7the commission and the committees for review under this
8section on the same date that the agency submits the
9regulations for review under section 313 (relating to
10Attorney General). The requirements of section 335 (relating
11to proposed regulations; procedures for review), except for
12the requirements for holding a public comment period and for
13notifying commentators, are applicable to final-omitted
14regulations.

15(2) If the agency makes revisions under subsection (g),
16the agency shall deliver copies of the revisions to the
17Attorney General on the same date that the agency delivers
18the revisions to the commission and the committees.

19(d) (Reserved).

20(e) Approval and disapproval.--The commission may have until
21its next scheduled meeting which occurs no less than 30 days
22after receipt of the final-form or final-omitted regulation to
23approve or disapprove the final-form or final-omitted
24regulation. The commission shall notify the agency and the
25committees of its approval or disapproval. If the commission
26does not disapprove the final-form or final-omitted regulation
27within the time allotted under this subsection, the commission
28shall be deemed to have approved the final-form or final-omitted
29regulation.

30(f) Delivery.--An agency may not deliver a final-form or

1final-omitted regulation to the commission and the committees
2after the adjournment sine die or expiration of the legislative
3session in an even-numbered year. The agency may not deliver the
4final-form or final-omitted regulation until the fourth Monday
5in January of the next year. On that date, the agency shall
6resubmit the final-form or final-omitted regulation and required
7material to the committees and the commission. If either
8committee has not been designated by the fourth Monday in
9January, the agency may not deliver the final-form or final-
10omitted regulation and required material to the committees and
11the commission until both committees are designated.

12(g) Changes.--Except as provided under this subsection, the
13agency may not make any changes to a final-form or final-omitted
14regulation after the agency submits the final-form or final-
15omitted regulation to the commission and the committees.

16(1) Prior to the expiration of the date on which either
17of the committees takes action on the final-form or final-
18omitted regulation, under subsection (j.2) or (j.3) or the
19expiration of the commission's review period prescribed under
20subsection (e), whichever occurs first, the agency may,
21unless the commission shall object, toll the time for the
22commission's and the committees' review of the final-form or
23final-omitted regulation in order to allow time for the
24agency to consider revisions to the final-form or final-
25omitted regulation recommended by the commission or a
26committee.

27(2) Tolling under paragraph (1) may last for up to 30
28days. If within 30 days the agency does not submit revisions
29to the committees and the commission or does not notify the
30commission and the committees in writing that it will not

1submit revisions but wishes the commission and the committees
2to resume their review, the agency shall be deemed to have
3withdrawn the final-form or final-omitted regulation.

4(3) The committees shall have the remainder of the 20-
5day review period or ten days from the date of receipt of the
6revised final-form or final-omitted regulation or written
7notification under paragraph (2), whichever is longer, to
8take action under subsection (j.2) or (j.3), and the
9commission may have until its next scheduled meeting which
10occurs after the expiration of the committee review period,
11but not less than 15 days after receipt of the revised final-
12form or final-omitted regulation or written notification
13under paragraph (2) to review the final-form or final-omitted
14regulation. If the commission does not disapprove the final-
15form or final-omitted regulation or a committee does not
16notify the commission and the agency that it has disapproved
17the regulation or that it intends to review the regulation
18under subsection (j.2), within the respective time periods,
19the regulation shall be deemed approved.

20(4) The agency may not toll the time for review of any
21final-form or final-omitted regulation more than one time.

22(5) The agency may not submit revisions or notification
23that the regulation will not be revised after the adjournment
24sine die or the expiration of the legislative session in an
25even-numbered year. If the committees and the commission are
26prevented from completing their review under this subsection
27because of the adjournment sine die or the expiration of the
28legislative session in an even-numbered year, the agency
29shall resubmit the final-form or final-omitted regulation and
30review shall proceed in accordance within subsection (j.3).

1(h) (Reserved).

2(i) (Reserved).

3(j) Comments.--The commission shall accept public comments
4only up to 48 hours prior to the commission's public meeting
5unless the comments are submitted at the request of the
6commission. The commission shall receive comments from the
7agency or members of the General Assembly until the commission
8acts on the regulation. The commission shall transmit comments
9received during the 48-hour period prior to the commission's
10public meeting to the agency and the committees upon receipt.
11The commission shall accept additional public comments only
12after the public meeting has been called to order.

13(j.1) Time for action.--A committee shall have at least 20
14days from receipt of the information required under subsection
15(a) or receipt of the information required under subsection (c)
16to take action under subsection (j.2). If the committees are
17prevented from completing their 20-day review because of the
18adjournment sine die or expiration of the legislative session in
19an even-numbered year, their review of the final-form or final-
20omitted regulation shall automatically be suspended until the
21fourth Monday in January of the next year. On that date, the
22agency shall resubmit the final-form or final-omitted regulation
23and required material to the committees and the commission.

24(1) If either committee has not been designated by the
25fourth Monday in January, the agency may not deliver the
26final-form or final-omitted regulation and required material
27to the commission and the committees until both committees
28have been designated.

29(2) If the agency does not deliver the final-form or
30final-omitted regulation and required material to the

1commission and the committees by the second Monday after the
2date by which both committee designations have been published
3in the Pennsylvania Bulletin, the agency shall be deemed to
4have withdrawn the regulation.

5(3) In computing the remaining time for committee
6review, the number of days in which the committees have had
7the final-form or the final-omitted regulation under review
8as of the adjournment sine die or expiration of the prior
9session shall be subtracted from the 20-day committee review
10period, but the committee review period in the next
11succeeding legislative session shall not be less than ten
12days.

13(4) The commission shall not act on a regulation until
14the committee review period has expired. This section shall
15not apply to emergency-certified regulations adopted under
16the provisions of section 336(d) (relating to procedures for
17disapproval of final-form and final-omitted regulations;
18emergency-certified regulations).

19(j.2) Notification of approval and disapproval.--At any time
20during the commission's review period up to 24 hours prior to
21the opening of the commission's public meeting, a committee may
22notify the commission and the agency that it has approved or
23disapproved a final-form or final-omitted regulation or that it
24intends to review the regulation. If the commission approves a
25regulation and a committee has not notified the commission and
26the agency that it has disapproved the regulation or that it
27intends to review the regulation, the agency may promulgate the
28regulation. If the commission approves a regulation and a
29committee has notified the commission and the agency that it has
30disapproved the regulation or that it intends to review the

1regulation, the agency may not promulgate the regulation for 14
2days after the committee has received the commission's approval
3order. During this 14-day period, the committee may take action
4on the regulation under section 337(d) (relating to procedures
5for subsequent review of disapproved final-form or final-omitted
6regulations). If at the expiration of the 14-day period the
7committee has not taken action on the regulation under section
8337(d), the agency may promulgate the regulation.

9(j.3) Automatic suspension of 14-day review.--If the
10committees are prevented from completing their 14-day review
11because of adjournment sine die or expiration of the legislative
12session in an even-numbered year, their review of the final-form
13or final-omitted regulation shall automatically be suspended
14until the fourth Monday in January of the next year. On that
15date, the agency shall resubmit the final-form or final-omitted
16regulation and required material to the committees and the
17commission.

18(1) If either committee has not been designated by the
19fourth Monday in January, the agency may not deliver the
20final-form or final-omitted regulation and required material
21to the committees and the commission until both committees
22are designated.

23(2) If the agency does not deliver the final-form or
24final-omitted regulation and required material to the
25commission and the committees by the second Monday after the
26date by which both committee designations have been published
27in the Pennsylvania Bulletin, the agency shall be deemed to
28have withdrawn the final-form or final-omitted regulation.

29(3) In determining the remaining time for committee
30review, the number of days in which the committees have had

1the final-form or the final-omitted regulation under review
2as of the adjournment sine die or expiration of the prior
3session shall be subtracted from the 14-day committee review
4period, but the committee review period in the next
5succeeding legislative session shall not be less than ten
6days.

7(4) An agency may not submit a final-form or final-
8omitted regulation to the commission or the committees for
9review during the period from the adjournment sine die or
10expiration of the legislative session of an even-numbered
11year to the date by which both committees have been
12designated in the next succeeding legislative session.

13(5) This subsection shall not apply to emergency-
14certified regulations adopted under the provisions of section
15336(d).

16(j.4) Disapproval.--If the commission disapproves a final-
17form or final-omitted regulation, the commission, the committees
18and the agency will proceed in accordance with section 336.

19(k) Comment retention.--The commission shall note and shall
20make a part of the public record all comments which it receives
21relating to a regulation and shall retain the comments for four
22years after the promulgation of the regulation.

23(l) Regulations.--Except for emergency-certified regulations
24adopted under section 336(d), an agency may not promulgate a
25regulation until completion of the review provided for under
26this subchapter.

27§ 335.2. Criteria for review of regulations.

28(a) Preliminary criteria.--In determining whether a
29proposed, final-form, final-omitted or existing regulation is in
30the public interest, the commission shall, first and foremost,

1determine whether the agency has the statutory authority to
2promulgate the regulation and whether the regulation conforms to
3the intention of the General Assembly in the enactment of the
4statute upon which the regulation is based. In making its
5determination, the commission shall consider written comments
6submitted by the committees and current members of the General
7Assembly, pertinent opinions of Pennsylvania's courts and formal
8opinions of the Attorney General.

9(b) General criteria.--Upon a finding that the regulation is
10consistent with the statutory authority of the agency and with
11the intention of the General Assembly in the enactment of the
12statute upon which the regulation is based, the commission shall
13consider the following in determining whether the regulation is
14in the public interest:

15(1) Economic or fiscal impacts of the regulation, which
16include the following:

17(i) Direct and indirect costs to the Commonwealth,
18to its political subdivisions and to the private sector.

19(ii) Adverse effects on prices of goods and
20services, productivity or competition.

21(iii) The nature of required reports, forms or other
22paperwork and the estimated cost of their preparation by
23individuals, businesses and organizations in the public
24and private sectors.

25(iv) The nature and estimated cost of legal,
26consulting or accounting services which the public or
27private sector may incur.

28(v) The impact on the public interest of exempting
29or setting lesser standards of compliance for individuals
30or small businesses when it is lawful, desirable and

1feasible to do so.

2(2) The protection of the public health, safety and
3welfare and the effect on this Commonwealth's natural
4resources.

5(3) The clarity, feasibility and reasonableness of the
6regulation to be determined by considering the following:

7(i) Possible conflict with or duplication of
8statutes or existing regulations.

9(ii) Clarity and lack of ambiguity.

10(iii) Need for the regulation.

11(iv) Reasonableness of requirements, implementation
12procedures and timetables for compliance by the public
13and private sectors.

<-14(v) Whether acceptable data is the basis of the
15regulation.

16(4) Whether the regulation represents a policy decision
17of such a substantial nature that it requires legislative
18review.

19(5) Comments, objections or recommendations of a
20committee.

21(6) Compliance with the provisions of this subchapter or
22the regulations of the commission in promulgating the
23regulation.

<-24(7) Whether the regulation is supported by acceptable
25data.

26(8) Whether a less costly or less intrusive alternative
27method of achieving the goal of the regulation has been
28considered for regulations impacting small business.

29§ 336. Procedures for disapproval of final-form and final-
30omitted regulations; emergency-certified regulations.

1(a) Order.--If the commission disapproves a final-form or
2final-omitted regulation, the commission shall deliver its
3disapproval order to the Legislative Reference Bureau, the
4committees and the agency. The commission shall notify
5commentators who have requested additional information under
6section 335.1(a) (relating to final-form regulations and final-
7omitted regulations; procedures for review) of the commission's
8vote to disapprove. The disapproval order shall specify the
9regulatory review criteria which the final-form or final-omitted
10regulation has not met. The agency shall review the commission's
11order and proceed under section 337(a) (relating to procedures
12for subsequent review of disapproved final-form or final-omitted
13regulations).

14(b) Effect.--The commission's order disapproving a final-
15form or final-omitted regulation shall bar the agency from
16promulgating that regulation pending subsequent review under
17section 337.

18(c) (Reserved).

19(d) Prohibition.--

20(1) The commission may not issue an order barring an
21agency from promulgating a final-form or final-omitted
22regulation if the Attorney General certifies that the final-
23form or final-omitted regulation is required under the decree
24of any court or to implement the provisions of a statute of
25the United States or regulations issued thereunder by a
26Federal agency or if the Governor certifies that the final-
27form or final-omitted regulation is required to meet an
28emergency which includes conditions which may threaten the
29public health, safety or welfare, cause a budget deficit or
30create the need for supplemental or deficiency appropriations

1of greater than $1,000,000. In those cases, the final-form or
2final-omitted regulation may take effect on the date of
3publication or on a later date specified in the order
4adopting the final-form or final-omitted regulation.

5(2) The commission and the committees shall review the
6final-form or final-omitted regulation under the procedures
7provided for under this subchapter. If the final-form or
8final-omitted regulation is disapproved under those
9procedures, that regulation shall be rescinded after 120 days
10or upon final disapproval, whichever occurs later.

11§ 337. Procedures for subsequent review of disapproved final-
12form or final-omitted regulations.

13(a) General procedures.--An agency may select one of the
14following options for proceeding with a regulation which has
15been disapproved by the commission:

16(1) To proceed further with the final-form or final-
17omitted regulation under subsection (b).

18(2) To proceed further with the final-form or final-
19omitted regulation under subsection (c).

20(3) To withdraw the final-form or final-omitted
21regulation.

22(b) Report.--

23(1) If the agency decides to adopt the final-form or
24final-omitted regulation without revisions or further
25modifications, the agency shall submit a report to the
26committees and the commission within 40 days of the agency's
27receipt of the commission's disapproval order. The agency's
28report shall contain the final-form or final-omitted
29regulation, the commission's disapproval order and the
30agency's response and recommendations regarding the final-

1form or final-omitted regulation.

2(2) If the committees are prevented from receiving the
3report because of adjournment sine die or expiration of the
4legislative session in an even-numbered year, the agency
5shall submit its report to the commission and the committees
6on the fourth Monday in January of the next year. If either
7committee has not been designated by the fourth Monday in
8January, the agency may not deliver the report to the
9committees and the commission until both committees are
10designated, but the agency shall deliver its report to the
11commission and the committees no later than the second Monday
12after the date by which both committee designations have been
13published in the Pennsylvania Bulletin.

14(3) If the agency does not deliver the report to the
15committees and the commission in the time prescribed under
16this subsection, the agency shall be deemed to have withdrawn
17the final-form or final-omitted regulation.

18(c) Modifications before report.--

19(1) If the agency decides to revise or modify the final-
20form or final-omitted regulation in order to respond to
21objections raised by the commission and adopt that regulation
22with revisions or modifications, the agency shall submit a
23report to the committees and the commission within 40 days of
24the agency's receipt of the commission's disapproval order.
25The agency's report shall contain the revised final-form or
26final-omitted regulation, the findings of the commission and
27the agency's response and recommendations regarding the
28revised final-form or final-omitted regulation.

29(2) If the committees are prevented from receiving the
30report because of adjournment sine die or expiration of the

1legislative session in an even-numbered year, the agency
2shall submit the report to the commission and the committees
3on the fourth Monday in January of the next year. If either
4committee has not been designated by the fourth Monday in
5January, the agency may not deliver the report to the
6committees and the commission until both committees are
7designated, but the agency shall deliver its report to the
8commission and the committees no later than the second Monday
9after the date by which both committee designations have been
10published in the Pennsylvania Bulletin.

11(3) If the agency does not deliver its report to the
12commission and the committees in the time prescribed in this
13subsection, the agency shall be deemed to have withdrawn the
14final-form or final-omitted regulation.

15(c.1) Approval or disapproval order.--The commission may
16have until its next scheduled meeting, which occurs no less than
1715 days from receipt of the agency's report, to approve or
18disapprove the agency's report. The commission shall deliver its
19approval or disapproval order to the committees for
20consideration by the General Assembly under subsection (d).

21(1) If the commission is prevented from delivering its
22order to the committees within the time period provided for
23under this subsection because of the adjournment sine die or
24expiration of the legislative session in an even-numbered
25year, the commission shall deliver its order on the fourth
26Monday of January of the next year.

27(2) If either committee has not been designated by the
28fourth Monday in January, the commission may not deliver its
29order to the committees until both committees are designated,
30but the commission shall deliver its order no later than the

1second Monday after the date by which both committee
2designations have been published in the Pennsylvania
3Bulletin.

4(3) If the commission does not deliver its order
5disapproving the agency's report and revised final-form or
6final-omitted regulation in the time prescribed under this
7subsection, the commission shall be deemed to have approved
8the agency's report and the revised final-form or final-
9omitted regulation.

10(d) Legislative presentation by concurrent resolution.--Upon
11receipt of the commission's order under subsection (c.1) or at
12the expiration of the commission's review period if the
13commission does not act on the regulation or does not deliver
14its order under subsection (c.1), one or both of the committees
15may, within 14 calendar days, report to the Senate or House of
16Representatives a concurrent resolution and notify the agency.
17During the 14-calendar-day period, the agency may not promulgate
18the final-form or final-omitted regulation.

19(1) If, by the expiration of the 14-calendar-day period,
20neither committee reports a concurrent resolution, the
21committees shall be deemed to have approved the final-form or
22final-omitted regulation, and the agency may promulgate that
23regulation.

24(2) If either committee reports a concurrent resolution
25before the expiration of the 14-day period, the Senate and
26the House of Representatives shall each have 30 calendar days
27or ten legislative days, whichever is longer, from the date
28on which the concurrent resolution has been reported, to
29adopt the concurrent resolution.

30(3) If the General Assembly adopts the concurrent

1resolution by majority vote in both the Senate and the House
2of Representatives, the concurrent resolution shall be
3presented to the Governor in accordance with section 9 of
4Article III of the Constitution of Pennsylvania.

5(4) If the Governor does not return the concurrent
6resolution to the General Assembly within ten calendar days
7after it is presented, the Governor shall be deemed to have
8approved the concurrent resolution.

9(5) If the Governor vetoes the concurrent resolution,
10the General Assembly may override that veto by a two-thirds
11vote in each house. The Senate and the House of
12Representatives shall each have 30 calendar days or ten
13legislative days, whichever is longer, to override the veto.

14(6) If the General Assembly does not adopt the
15concurrent resolution or override the veto in the time
16prescribed under this subsection, it shall be deemed to have
17approved the final-form or final-omitted regulation.

18(7) Notice as to any final disposition of a concurrent
19resolution considered in accordance with this section shall
20be published in the Pennsylvania Bulletin.

21(8) If the General Assembly adopts the concurrent
22resolution and the Governor approves or is deemed to have
23approved the concurrent resolution or if the General Assembly
24overrides the Governor's veto of the concurrent resolution,
25the agency shall be barred from promulgating the final-form
26or final-omitted regulation. The bar on promulgation of the
27final-form or final-omitted regulation shall continue until
28that regulation has been approved or deemed approved in
29accordance with this subsection.

30(9) If the General Assembly does not adopt the

1concurrent resolution or if the Governor vetoes the
2concurrent resolution and the General Assembly does not
3override the Governor's veto, the agency may promulgate the
4final-form or final-omitted regulation. The General Assembly
5may, at its discretion, adopt a concurrent resolution
6disapproving the final-form or final-omitted regulation to
7indicate the intent of the General Assembly but permit the
8agency to promulgate that regulation.

9§ 337.1. Classification of documents.

10If the commission or a committee finds that a published or
11unpublished document should be promulgated as a regulation, the
12commission or committee may present the matter to the Joint
13Committee on Documents. The Joint Committee on Documents shall
14determine whether the document should be promulgated as a
15regulation and may order an agency either to promulgate the
16document as a regulation within 180 days or to desist from the
17use of the document in the business of the agency.

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

19(a) General rule.--Except as provided in subsection (b), an
20agency may not make changes to a final-form or final-omitted
21regulation after that regulation has been approved or has been
22deemed approved by the committees or the commission under this
23subchapter.

24(b) Exception.--Subsection (a) shall not apply to changes
25made at the direction of the Office of Attorney General under
26its review under section 313 (relating to Attorney General).

27§ 338.1. Existing regulations.

28The commission, on its motion or at the request of any person
29or member of the General Assembly, may review an existing
30regulation which has been in effect for at least three years. If

1a committee of the Senate or the House of Representatives
2requests a review of an existing regulation, the commission
3shall perform the review and shall assign it high priority. The
4commission may submit recommendations to an agency recommending
5changes in existing regulations if it finds the existing
6regulations to be contrary to the public interest under the
7criteria established under section 335.2 (relating to criteria
8for review of regulations). The commission may also make
9recommendations to the General Assembly and the Governor for
10statutory changes if the commission finds that any existing
11regulation may be contrary to the public interest.

12§ 339. Commission staff.

13(a) Executive director and other employees.--The commission
14shall appoint and fix the compensation of a full-time executive
15director, who shall be responsible for the general supervision
16of all the affairs of the commission and for performing any
17administrative function or duty which the commission may
18delegate to the executive director. The commission shall appoint
19and fix the compensation of such other employees as the
20commission may find necessary for the proper operation of the
21commission.

22(b) Chief counsel.--The commission shall appoint and fix the
23compensation of a full-time chief counsel, who shall not be
24subject to the supervision of the Attorney General or the
25General Counsel. The chief counsel shall supervise, coordinate
26and administer the legal services provided to the commission.

27§ 340. Subpoena power.

28The commission has the authority to issue subpoenas for the
29purpose of requiring the attendance of persons and the
30production of documents relating to any function which the

1commission or its staff is authorized to perform under this
2subchapter. The chairperson or the executive director may sign a
3subpoena. The subpoena may be served in any manner authorized
4under the laws of this Commonwealth. The commission is
5authorized to apply to the Commonwealth Court to enforce its
6subpoenas.

7§ 341. Regulations; annual reports; hearings and advisory group
8meetings.

9(a) Regulations.--

10(1) The commission, in the performance of its functions
11under this subchapter, has the power to promulgate and
12enforce regulations necessary to carry out the purposes of
13this subchapter.

14(2) Regulations must be promulgated in accordance with
15the procedures established under Subchapter A (relating to
16commonwealth documents law).

17(3) The regulations shall provide for the commission's
18notification of filings of final-form and final-omitted
19regulations to parties likely to be affected by the final-
20form and final-omitted regulations through publication of a
21notice in the Pennsylvania Bulletin.

22(4) Prior to the regulations taking effect, the
23requirements of this subchapter must be satisfied. For the
24purposes of reviewing the regulations of the commission and
25otherwise satisfying the requirements of this subchapter, the
26Joint Committee on Documents shall exercise the rights and
27perform the functions of the commission and the commission
28shall exercise the rights and perform the functions of an
29agency under this subchapter.

30(b) Annual report.--By April 1, the commission shall file an

1annual report of its activities for the prior calendar year with
2the Governor, the Secretary of the Senate and the Chief Clerk of
3the House of Representatives.

4(c) Hearings.--The commission may hold public hearings on
5any matter before the commission and may meet with advisory
6groups regarding matters before the commission.

7§ 342. Clearinghouse.

8The commission shall act as a clearinghouse for complaints,
9comments and other input from members of the General Assembly
10and from the public regarding existing, proposed, final-form and
11final-omitted regulations. The commission shall maintain
12accurate records regarding complaints and comments it receives
13and shall maintain such records by departmental and subject
14matter categories for four years after the date of receipt by
15the commission. When the commission files its annual report as
16provided under section 341 (relating to regulations; annual
17reports; hearings and advisory group meetings), the commission
18shall include within it a summary of public complaint and
19comment along with any recommendations the commission may offer
20for statutory change.

21§ 342.1. Gubernatorial review.

22The Governor may institute procedures for the review and 
23approval of regulations promulgated by executive agencies prior 
24to their submittal for review under this subchapter, including 
25the establishment of a task force or committee, by executive 
26order. The Governor may also establish procedures for the 
27effective coordination of the review of regulations under 
28Subchapters B (relating to legal review) and C (relating to 
29fiscal review) and section 2203-A of the act of April 9, 1929 
30(P.L.177, No.175), known as The Administrative Code of 1929.

1Section 3. Repeals are as follows:

2(1) The General Assembly declares as follows:

3(i) The repeal under paragraph (2)(ii) is necessary
4to effectuate the addition of 2 Pa.C.S. Ch. 3 Subch. A.

5(ii) The repeal under paragraph (2)(iii) is
6necessary to effectuate the addition of 2 Pa.C.S. Ch. 3
7Subch. B.

8(iii) The repeal under paragraph (2)(i) is necessary
9to effectuate the addition of 2 Pa.C.S. Ch. 3 Subch. C.

10(iv) The repeal under paragraph (2)(iv) is necessary
11to effectuate the addition of 2 Pa.C.S. Ch. 3 Subch. D.

12(2) The following acts and parts of acts are repealed:

13(i) Section 612 of the act of April 9, 1929
14(P.L.177, No.175), known as The Administrative Code of
151929.

16(ii) The act of July 31, 1968 (P.L.769, No.240),
17referred to as the Commonwealth Documents Law.

18(iii) Sections 204(b) and 301(10) of the act of
19October 15, 1980 (P.L.950, No.164), known as the
20Commonwealth Attorneys Act.

21(iv) The act of June 25, 1982 (P.L.633, No.181),
22known as the Regulatory Review Act.

23Section 4. Continuation is as follows:

24(1) The addition of 2 Pa.C.S. Ch. 3 Subch. A is a
25continuation of the act of July 31, 1968 (P.L.769, No.240),
26referred to as the Commonwealth Documents Law. The following
27apply:

28(i) Except as otherwise provided in 2 Pa.C.S. Ch. 3
29Subch. A, all activities initiated under the Commonwealth
30Documents Law shall continue and remain in full force and

1effect and may be completed under 2 Pa.C.S. Ch. 3 Subch.
2A. Orders, regulations, rules and decisions which were
3made under the Commonwealth Documents Law and which are
4in effect on the effective date of section 3(2)(ii) of
5this act shall remain in full force and effect until
6revoked, vacated or modified under 2 Pa.C.S. Ch. 3 Subch.
7A. Contracts, obligations and collective bargaining
8agreements entered into under the Commonwealth Documents
9Law are not affected nor impaired by the repeal of the
10Commonwealth Documents Law.

11(ii) Except as set forth in subparagraph (iii), any
12difference in language between 2 Pa.C.S. Ch. 3 Subch. A
13and the Commonwealth Documents Law is intended only to
14conform to the style of the Pennsylvania Consolidated
15Statutes and is not intended to change or affect the
16legislative intent, judicial construction or
17administration and implementation of the Commonwealth
18Documents Law.

19(iii) (Reserved).

20(2) The addition of 2 Pa.C.S. Ch. 3 Subch. B is a
21continuation of sections 204(b) and 301(10) of the act of
22October 15, 1980 (P.L.950, No.164), known as the Commonwealth
23Attorneys Act. The following apply:

24(i) Except as otherwise provided in 2 Pa.C.S. Ch. 3
25Subch. B, all activities initiated under sections 204(b)
26and 301(10) of the Commonwealth Attorneys Act shall
27continue and remain in full force and effect and may be
28completed under 2 Pa.C.S. Ch. 3 Subch. B. Orders,
29regulations, rules and decisions which were made under
30sections 204(b) and 301(10) of the Commonwealth Attorneys

1Act and which are in effect on the effective date of
2section 3(2)(iii) of this act shall remain in full force
3and effect until revoked, vacated or modified under 2
4Pa.C.S. Ch. 3 Subch. B. Contracts, obligations and
5collective bargaining agreements entered into under
6sections 204(b) and 301(10) of the Commonwealth Attorneys
7Act are not affected nor impaired by the repeal of
8sections 204(b) and 301(10) of the Commonwealth Attorneys
9Act.

10(ii) Except as set forth in subparagraph (iii), any
11difference in language between 2 Pa.C.S. Ch. 3 Subch. B
12and sections 204(b) and 301(10) of the Commonwealth
13Attorneys Act is intended only to conform to the style of
14the Pennsylvania Consolidated Statutes and is not
15intended to change or affect the legislative intent,
16judicial construction or administration and
17implementation of sections 204(b) and 301(10) of the
18Commonwealth Attorneys Act.

19(iii) Subparagraph (ii) does not apply to the
20addition of 2 Pa.C.S. § 311.

21(3) The addition of 2 Pa.C.S. Ch. 3 Subch. C is a
22continuation of section 612 of the act of April 9, 1929
23(P.L.177, No.175), known as The Administrative Code of 1929.
24The following apply:

25(i) Except as otherwise provided in 2 Pa.C.S. Ch. 3
26Subch. C, all activities initiated under section 612 of
27The Administrative Code of 1929 shall continue and remain
28in full force and effect and may be completed under 2
29Pa.C.S. Ch. 3 Subch. C. Orders, regulations, rules and
30decisions which were made under section 612 of The

1Administrative Code of 1929 and which are in effect on
2the effective date of section 3(2)(i) of this act shall
3remain in full force and effect until revoked, vacated or
4modified under 2 Pa.C.S. Ch. 3 Subch. C. Contracts,
5obligations and collective bargaining agreements entered
6into under section 612 of The Administrative Code of 1929
7are not affected nor impaired by the repeal of section
8612 of The Administrative Code of 1929.

9(ii) Except as set forth in subparagraph (iii), any
10difference in language between 2 Pa.C.S. Ch. 3 Subch. C
11and section 612 of The Administrative Code of 1929 is
12intended only to conform to the style of the Pennsylvania
13Consolidated Statutes and is not intended to change or
14affect the legislative intent, judicial construction or
15administration and implementation of section 612 of The
16Administrative Code of 1929.

17(iii) Subparagraph (ii) does not apply to the
18addition of 2 Pa.C.S. § 321.

19(4) The addition of 2 Pa.C.S. Ch. 3 Subch. D is a
20continuation of the act of June 25, 1982 (P.L.633, No.181),
21known as the Regulatory Review Act. The following apply:

22(i) Except as otherwise provided in 2 Pa.C.S. Ch. 3
23Subch. D, all activities initiated under the Regulatory
24Review Act shall continue and remain in full force and
25effect and may be completed under 2 Pa.C.S. Ch. 3 Subch.
26D. Orders, regulations, rules and decisions which were
27made under the Regulatory Review Act and which are in
28effect on the effective date of section 3(iv) of this act
29shall remain in full force and effect until revoked,
30vacated or modified under 2 Pa.C.S. Ch. 3 Subch. D.

1Contracts, obligations and collective bargaining
2agreements entered into under the Regulatory Review Act
3are not affected nor impaired by the repeal of the
4Regulatory Review Act.

5(ii) Except as set forth in subparagraph (iii), any
6difference in language between 2 Pa.C.S. Ch. 3 Subch. D
7and the Regulatory Review Act is intended only to conform
8to the style of the Pennsylvania Consolidated Statutes
9and is not intended to change or affect the legislative
10intent, judicial construction or administration and
11implementation of the Regulatory Review Act.

12(iii) (Reserved).

13Section 5. This act shall take effect in 60 days.