PRINTER'S NO. 3542
No. 2473 Session of 1984
INTRODUCED BY WACHOB, PETERSON, BARBER, DORR, PERZEL, BOWSER,
ARTY, WIGGINS, GEIST, DOMBROWSKI, ROBBINS, GRUPPO, KUKOVICH,
LUCYK AND McCALL, SEPTEMBER 24, 1984
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 24, 1984
AN ACT
1 Amending the act of June 25, 1982 (P.L.633, No.181), entitled
2 "An act providing for independent oversight and review of
3 regulations, creating an Independent Regulatory Review
4 Commission, providing for its powers and duties, making
5 repeals and making an appropriation," further providing for
6 the review of regulations, policies and procedures by the
7 commission.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 5(g) of the act of June 25, 1982
11 (P.L.633, No.181), known as the Regulatory Review Act, amended
12 December 9, 1982 (P.L.1023, No.238), is amended to read:
13 Section 5. Proposed regulation; criteria for review, existing
14 regulations.
15 * * *
16 (g) [The commission, either on its motion or on the request
17 of any individual, agency, corporation, member of the General
18 Assembly or any other entity which may be affected by a
19 regulation, may also review any existing regulation or
20 administrative procedure. Whenever a committee of the Senate or
1 the House of Representatives shall request a review of a
2 regulation, the commission shall make such review and shall
3 assign it high priority. The commission may submit
4 recommendations to any agency recommending changes in existing
5 regulations where it finds the existing regulations or
6 administrative procedure to be contrary to the public interest
7 under the criteria established in this section. The commission
8 may also make recommendations to the General Assembly and the
9 Governor for statutory changes whenever it finds that any
10 existing regulation or procedure may be contrary to the public
11 interest.] Upon receipt of a submission requesting a review of
12 existing regulations, administrative policy or procedure,
13 submitted by any individual, agency, corporation, member of the
14 General Assembly, business, local governmental body,
15 organization, association or any other entity which may be
16 affected by such regulations, administrative policy or
17 procedure, the commission shall:
18 (1) Determine, within 30 days of the submission, whether
19 or not the submission may have merit.
20 (2) If it makes a determination that the said submission
21 may have merit, the commission shall conduct a formal review,
22 and, within 120 days of the original submission, shall
23 present its findings to the Commonwealth agency that issued
24 the regulation, administrative policy or procedure, to the
25 appropriate committees of the General Assembly and to the
26 parties that filed the submissions.
27 (3) In conducting its review, the commission shall
28 determine whether the subject regulation, administrative
29 policy or procedure and all parts thereof, comply with the
30 Commonwealth Documents Law or the specific enabling statute
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1 as enacted by the General Assembly. If necessary to ensure
2 timely response to requests for essential information the
3 commission shall invoke section 10 of this act.
4 (4) If the commission finds that said regulation,
5 administrative policy or procedure, in whole or in part, does
6 not comply with provisions of the Commonwealth Documents Law
7 or such specific enabling statute, the commission shall issue
8 an order vacating the regulation, administrative policy or
9 procedure or those parts found not to be in compliance.
10 (5) The commission on its motion may also:
11 (i) Review any existing regulation, administrative
12 policy or procedure.
13 (ii) Make recommendations to the General Assembly
14 and the Governor for statutory changes whenever it finds
15 that any existing regulation, administrative policy or
16 procedure may be contrary to the public interest.
17 (iii) Submit recommendations to any agency
18 recommending changes in existing regulations,
19 administrative policy or procedure where it finds the
20 existing regulations, administrative policy or procedure
21 to be contrary to the public interest under criteria
22 established in this section.
23 (6) Whenever a committee of the Senate or House of
24 Representatives shall request a review of a regulation, the
25 commission shall make such review and shall assign it high
26 priority and comply with the time deadlines set forth in this
27 subsection.
28 Section 2. This act shall take effect immediately.
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