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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, ALLOWAY, FONTANA AND EARLL, APRIL 4, 2011 |
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| REFERRED TO JUDICIARY, APRIL 4, 2011 |
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| AN ACT |
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1 | Amending Title 2 (Administrative Law and Procedure) of the |
2 | Pennsylvania Consolidated Statutes, consolidating provisions |
3 | on administrative procedure and rulemaking; and making |
4 | related repeals. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Sections 103, 104 and 105 of Title 2 of the |
8 | Pennsylvania 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 |
11 | Chapter 5 (relating to practice and procedure of Commonwealth |
12 | agencies) and Subchapter A of Chapter 7 (relating to judicial |
13 | review of Commonwealth agency action) shall be known and may be |
14 | cited as the "Administrative Agency Law." |
15 | (b) Rule making references.--Whenever any statute makes |
16 | reference to the Administrative Agency Law for procedures |
17 | relating to the promulgation of administrative regulations, such |
18 | reference shall hereafter be deemed to be a reference to the act |
19 | of July 31, 1968 (P.L.769, No.240), known as the "Commonwealth |
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1 | Documents Law."] This title shall be known and may be cited as |
2 | the 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 |
6 | practice and procedure of local agencies) and Subchapter B of |
7 | Chapter 7 (relating to judicial review of local agency action) |
8 | shall be known and may be cited as the "Local Agency Law."] |
9 | Section 2. Chapter 3 of Title 2 is amended to read: |
10 | CHAPTER 3 |
11 | PROMULGATION OF REGULATIONS |
12 | [(Reserved)] |
13 | Subchapter |
14 | A. Commonwealth Documents Law |
15 | B. Legal Review |
16 | C. Fiscal Review |
17 | D. Independent Regulatory Review Commission |
18 | SUBCHAPTER A |
19 | COMMONWEALTH DOCUMENTS LAW |
20 | Sec. |
21 | 301. Scope of subchapter. |
22 | 302. Definitions. |
23 | 303. Notice of proposed rulemaking. |
24 | 304. Adoption of regulations. |
25 | 305. Effective date of regulations. |
26 | 306. Omission of notice of proposed rulemaking. |
27 | 307. Approval as to legality. |
28 | 308. Format of regulations and other documents. |
29 | 309. Deposit of agency text of regulations required. |
30 | 310. Unfiled regulations invalid. |
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1 | § 301. Scope of subchapter. |
2 | This subchapter relates to the filing of documents for |
3 | publication in the Pennsylvania Bulletin and codification in the |
4 | Pennsylvania Code. |
5 | § 302. Definitions. |
6 | The following words and phrases when used in this subchapter |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Adjudication." Any order, decree, decision, determination |
10 | or ruling by an agency affecting personal or property rights, |
11 | privileges, immunities, duties, liabilities or obligations of |
12 | any or all of the parties to the proceeding in which the |
13 | adjudication is made. |
14 | "Administrative regulation." Any regulation except a |
15 | proclamation, executive order, executive directive or other |
16 | similar document promulgated by the Governor. The term includes |
17 | a regulation which may be promulgated by an agency only with the |
18 | approval of the Governor. |
19 | "Agency." The Governor or any department, departmental |
20 | administrative board or commission, officer, independent board |
21 | or commission, authority or other agency of this Commonwealth. |
22 | The 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 |
26 | agency of a court. |
27 | (4) A political subdivision, municipal authority or |
28 | other local authority. This paragraph includes an officer or |
29 | agency of a political subdivision or local authority. |
30 | "Agency text." The text of a document as issued, prescribed |
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1 | or promulgated by the issuing, prescribing or promulgating |
2 | agency. |
3 | "Bureau." The Legislative Reference Bureau. The powers |
4 | conferred under this subchapter upon the bureau shall be |
5 | exercised by the Director of the Legislative Reference Bureau |
6 | or, in the Director's absence, by the Assistant Director. |
7 | "Department." The Department of General Services of the |
8 | Commonwealth. |
9 | "Document." Any proclamation, executive order, executive |
10 | directive or similar instrument promulgated by the Governor and |
11 | any other order, regulation, rule, statement of policy, |
12 | adjudication, certificate, license, permit, notice or similar |
13 | instrument issued, prescribed or promulgated by or under the |
14 | authority of this Commonwealth. The term includes a home rule |
15 | charter adopted by the electors of any part of this |
16 | Commonwealth. |
17 | "Joint committee." The Joint Committee on Documents. |
18 | "Official text." The text of a document issued, prescribed |
19 | or promulgated by an agency as published by authority of this |
20 | subchapter which has become in the manner provided under this |
21 | subchapter the only valid and enforceable text of such document. |
22 | "Regulation." A rule or regulation, or order in the nature |
23 | of a rule or regulation: |
24 | (1) promulgated by an agency under statutory authority |
25 | in the administration of a statute administered by or |
26 | relating to the agency; or |
27 | (2) prescribing the practice or procedure before the |
28 | agency. |
29 | "Statement of policy." A document, except an adjudication or |
30 | a regulation, promulgated by an agency which sets forth |
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1 | substantive or procedural personal or property rights, |
2 | privileges, immunities, duties, liabilities or obligations of |
3 | the public or any part of the public. The term includes a |
4 | document interpreting or implementing a statute enforced or |
5 | administered by the agency. |
6 | § 303. Notice of proposed rulemaking. |
7 | Except as provided under section 306 (relating to omission of |
8 | notice of proposed rulemaking), an agency shall give, in the |
9 | manner provided under 45 Pa.C.S. § 725 (relating to additional |
10 | contents of Pennsylvania Bulletin), public notice of its |
11 | intention to promulgate, amend or repeal any administrative |
12 | regulation. Notice includes: |
13 | (1) The text of the proposed administrative regulation, |
14 | except any portions omitted under 45 Pa.C.S. § 727 (relating |
15 | to matter not required to be published), prepared in such a |
16 | manner as to indicate the words to be added or deleted from |
17 | the presently effective text. |
18 | (2) A statement of the statutory or other authority |
19 | under which the administrative regulation or change in it is |
20 | proposed to be promulgated. |
21 | (3) A brief explanation of the proposed administrative |
22 | regulation or change in it. |
23 | (4) A request for written comment by any interested |
24 | person concerning the proposed administrative regulation or |
25 | change in it. |
26 | (5) Any other statement required by law. |
27 | § 304. Adoption of regulations. |
28 | Before taking action upon any administrative regulation or |
29 | change in it, the agency shall review and consider written |
30 | comments submitted under section 303 (relating to notice of |
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1 | proposed rulemaking) and may hold public hearings as |
2 | appropriate. If the statute or other authority under which a |
3 | regulation is proposed to be promulgated, amended or repealed |
4 | requires the holding of public hearings or establishes other |
5 | procedures in addition to those prescribed under this |
6 | subchapter, the agency shall hold public hearings or comply with |
7 | such other procedures as are not inconsistent with the |
8 | provisions of this subchapter. The agency text of any |
9 | administrative regulation or change in it as finally adopted may |
10 | contain modifications to the proposed text as published under |
11 | section 303 which do not enlarge its original purpose, but |
12 | modifications which enlarge the original purpose of a proposal |
13 | as published under section 303 shall be republished under |
14 | section 303 prior to final adoption by the agency. |
15 | § 305. Effective date of regulations. |
16 | Except as otherwise provided by regulations promulgated by |
17 | the joint committee, the effective date specified in any |
18 | administrative regulation or change in it subject to the |
19 | provisions of sections 303 (relating to notice of proposed |
20 | rulemaking) and 304 (relating to adoption of regulations) shall |
21 | be not less than 30 days after the required notice of proposed |
22 | rulemaking has been given unless one of the following paragraphs |
23 | applies: |
24 | (1) The administrative regulation: |
25 | (i) grants or recognizes exemption or relieves |
26 | restriction; or |
27 | (ii) interprets a self-executing act of Assembly or |
28 | administrative regulation. |
29 | (2) The agency for good cause finds, and incorporates |
30 | the finding and the reasons for the finding in the order |
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1 | adopting the administrative regulation or change in it, that |
2 | the deferral of the effective date of the administrative |
3 | regulation or change in it beyond the date specified in the |
4 | order is impracticable or contrary to the public interest. |
5 | § 306. Omission of notice of proposed rulemaking. |
6 | Except as otherwise provided by regulations promulgated by |
7 | the joint committee, an agency may omit or modify the procedures |
8 | specified under sections 303 (relating to notice of proposed |
9 | rulemaking) and 304 (relating to adoption of regulations) if any |
10 | of the following paragraphs apply: |
11 | (1) The administrative regulation or change in it |
12 | relates 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 |
17 | or contracts; or |
18 | (v) the interpretation of a self-executing act of |
19 | Assembly or administrative regulation. |
20 | (2) All persons subject to the administrative regulation |
21 | or change in it are named in the rulemaking and are either |
22 | personally served with notice of the proposed promulgation, |
23 | amendment or repeal or otherwise have actual notice in |
24 | accordance with law. |
25 | (3) The agency for good cause finds, and incorporates |
26 | the finding and a brief statement of the reasons for the |
27 | finding in the order adopting the administrative regulation |
28 | or change in it, that the procedures specified under sections |
29 | 303 and 304 are in the circumstances impracticable, |
30 | unnecessary or contrary to the public interest. |
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1 | § 307. Approval as to legality. |
2 | (a) Requirement.--Administrative regulations and changes |
3 | shall be approved as to legality by the Attorney General before |
4 | they are deposited with the bureau under section 309 (relating |
5 | to deposit of agency text of regulations required). |
6 | (b) Appeal.-- |
7 | (1) If the Attorney General rules illegal all or part of |
8 | an administrative regulation or change in it promulgated by |
9 | an agency which is by law independent of the policy |
10 | supervision and control of the Governor and the agency or a |
11 | party before the agency supporting the regulation or change |
12 | in it disagrees with the ruling of the Attorney General, the |
13 | agency or party may appeal from the determination to |
14 | Commonwealth Court. |
15 | (2) In an appeal under paragraph (1), Commonwealth Court |
16 | may direct the Attorney General to approve the parts of the |
17 | administrative regulation or change in it ruled illegal which |
18 | the court finds to be legal. |
19 | (3) In all other cases the decision of the Attorney |
20 | General shall be final and shall not be subject to any form |
21 | of judicial review at the instance of the agency or a |
22 | supporting party. |
23 | (c) Other review.--Nothing under this section shall affect |
24 | the right of a person adversely affected by a regulation or |
25 | change in it to obtain a determination of the validity thereof |
26 | in any appropriate proceeding. |
27 | § 308. Format of regulations and other documents. |
28 | The agency text of all regulations and other documents |
29 | required or authorized to be deposited with the bureau under |
30 | this subchapter shall be prepared in the form and format |
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1 | prescribed by regulations promulgated by the joint committee. |
2 | The regulations shall require that every administrative |
3 | regulation or change in it indicate expressly the statutory or |
4 | other authority under which it is promulgated. |
5 | § 309. Deposit of agency text of regulations required. |
6 | The agency text of all administrative and other regulations |
7 | and changes to the regulations, certified by the executive |
8 | officer, chair or secretary of the agency, shall be deposited |
9 | with 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. |
12 | An administrative regulation or change in it promulgated |
13 | after July 1, 1969, shall not be valid for any purpose until |
14 | filed by the bureau, as provided under 45 Pa.C.S. § 722(a) |
15 | (relating to deposit of documents required). |
16 | SUBCHAPTER B |
17 | LEGAL REVIEW |
18 | Sec. |
19 | 311. Definitions. |
20 | 312. General Counsel. |
21 | 313. Attorney General. |
22 | § 311. Definitions. |
23 | The following words and phrases when used in this subchapter |
24 | shall have the meanings given to them in this section unless the |
25 | context clearly indicates otherwise: |
26 | "Commonwealth agency." Any executive agency or independent |
27 | agency. |
28 | "Executive agency." The Governor and the departments, |
29 | boards, commissions, authorities and other officers and agencies |
30 | of the Commonwealth government. The term does not include any |
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1 | court or other officer or agency of the unified judicial system, |
2 | the General Assembly and its officers and agencies or any |
3 | independent agency. |
4 | "Independent agency." The Office of Attorney General; the |
5 | Department of the Auditor General, including the Board of |
6 | Claims; the Treasury Department; the Pennsylvania Public Utility |
7 | Commission; the Pennsylvania Fish and Boat Commission; the |
8 | Pennsylvania Game Commission; the Pennsylvania Historical and |
9 | Museum Commission; the State Civil Service Commission; the |
10 | Pennsylvania Turnpike Commission; the Milk Marketing Board; the |
11 | Pennsylvania Liquor Control Board; the Pennsylvania Human |
12 | Relations Commission; the Pennsylvania Labor Relations Board; |
13 | the Pennsylvania Securities Commission; the State Tax |
14 | Equalization Board; Pennsylvania Higher Education Assistance |
15 | Agency; the Pennsylvania Commission on Crime and Delinquency; |
16 | and the State Ethics Commission. |
17 | § 312. General Counsel. |
18 | The General Counsel shall review and approve for form and |
19 | legality all proposed regulations of executive agencies before |
20 | they are deposited with the Legislative Reference Bureau as |
21 | required under section 309 (relating to deposit of agency text |
22 | of regulations required). |
23 | § 313. Attorney General. |
24 | (a) Review of regulations.--The Attorney General shall |
25 | review for form and legality all proposed regulations of |
26 | Commonwealth agencies before they are deposited with the |
27 | Legislative 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 |
30 | determines that a regulation is in improper form, not |
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1 | statutorily authorized or unconstitutional, within 30 days after |
2 | submission, the Attorney General shall notify in writing the |
3 | agency affected, the Office of General Counsel and the General |
4 | Assembly through the offices of the Secretary of the Senate and |
5 | the Chief Clerk of the House of Representatives of the reasons |
6 | for the determination. |
7 | (c) Response by Commonwealth agency.-- |
8 | (1) The Commonwealth agency may revise a regulation to |
9 | meet the objections of the Attorney General and submit the |
10 | revised version for review. |
11 | (2) If the Commonwealth agency disagrees with the |
12 | objection, it may promulgate the regulation with or without |
13 | revisions and shall publish with it a copy of the Attorney |
14 | General's objections. |
15 | (d) Response by Attorney General.--The Attorney General may |
16 | appeal a decision under subsection (c)(2) by filing a petition |
17 | for review with the Commonwealth Court in the manner as is |
18 | provided for appeals from final orders of government agencies |
19 | under 42 Pa.C.S. § 763 (relating to direct appeals from |
20 | government agencies) and may include in the petition a request |
21 | for a stay or supersedeas of the implementation of the |
22 | regulation which, upon a proper showing, shall be granted. |
23 | (e) Deemed approval.--If a regulation has been submitted to |
24 | the Attorney General and the Attorney General has not approved |
25 | it or objected to it within 30 days after submission, the |
26 | regulation shall be deemed to have been approved. |
27 | SUBCHAPTER C |
28 | FISCAL REVIEW |
29 | Sec. |
30 | 321. Definitions. |
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1 | 322. Fiscal notes. |
2 | § 321. Definitions. |
3 | The following words and phrases when used in this subchapter |
4 | shall have the meanings given to them in this section unless the |
5 | context 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 |
10 | regulatory actions and administrative procedures of the |
11 | administrative departments, boards, commissions or authorities |
12 | receiving money from the Treasury Department. The fiscal note |
13 | shall state whether the proposed action or procedure causes a |
14 | loss of revenue or an increase in the cost of programs to the |
15 | Commonwealth or its political subdivisions. |
16 | (b) Publication.--A regulatory action or an administrative |
17 | procedure which requires a fiscal note shall be published in the |
18 | Pennsylvania Bulletin. The fiscal note shall be published in the |
19 | Pennsylvania Bulletin at the same time the proposed change is |
20 | advertised. |
21 | (c) Contents.--The fiscal note shall provide the following |
22 | information: |
23 | (1) The designation of the fund out of which the |
24 | appropriation providing for expenditures under the action or |
25 | procedure shall be made. |
26 | (2) The probable cost for the fiscal year the program is |
27 | implemented. |
28 | (3) A projected cost estimate of the program for each of |
29 | the five succeeding fiscal years. |
30 | (4) The fiscal history of the program for which |
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1 | expenditures are to be made. |
2 | (5) The probable loss of revenue for the fiscal year of |
3 | its implementation. |
4 | (6) A projected loss of revenue from the program for |
5 | each of the five succeeding fiscal years. |
6 | (7) The line item, if any, of the General Appropriation |
7 | Act or other appropriation act out of which expenditures or |
8 | losses of Commonwealth funds shall occur as a result of the |
9 | action or procedures. |
10 | (8) The recommendation, if any, of the secretary and the |
11 | reasons therefor. |
12 | SUBCHAPTER D |
13 | INDEPENDENT REGULATORY REVIEW COMMISSION |
14 | Sec. |
15 | 331. Scope of subchapter. |
16 | 332. Legislative declarations. |
17 | 333. Definitions. |
18 | 334. Composition of commission; membership; compensation; |
19 | vacancies; removal. |
20 | 335. Proposed regulations; procedures for review. |
21 | 335.1. Final-form regulations and final-omitted regulations; |
22 | procedures for review. |
23 | 335.2. Criteria for review of regulations. |
24 | 336. Procedures for disapproval of final-form and final-omitted |
25 | regulations; emergency-certified regulations. |
26 | 337. Procedures for subsequent review of disapproved final-form |
27 | or final-omitted regulations. |
28 | 337.1. Classification of documents. |
29 | 338. Changes in final-form and final-omitted regulations. |
30 | 338.1. Existing regulations. |
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1 | 339. Commission staff. |
2 | 340. Subpoena power. |
3 | 341. Regulations; annual reports; hearings and advisory group |
4 | meetings. |
5 | 342. Clearinghouse. |
6 | 342.1. Gubernatorial review. |
7 | § 331. Scope of subchapter. |
8 | This subchapter relates to regulatory review. |
9 | § 332. Legislative declarations. |
10 | (a) Findings.--The General Assembly has enacted a large |
11 | number of statutes and has conferred on boards, commissions, |
12 | departments and agencies within the executive branch of |
13 | government the authority to adopt rules and regulations to |
14 | implement those statutes. The General Assembly has found that |
15 | this delegation of its authority has resulted in regulations |
16 | being promulgated without undergoing effective review concerning |
17 | cost benefits, duplication, inflationary impact and conformity |
18 | to legislative intent. The General Assembly finds that it must |
19 | establish a procedure for oversight and review of regulations |
20 | adopted under this delegation of legislative power in order to |
21 | curtail excessive regulation and to require the executive branch |
22 | to justify its exercise of the authority to regulate before |
23 | imposing 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 |
26 | legislative review and oversight in order to foster executive |
27 | branch accountability and to provide for primary review by a |
28 | commission with sufficient authority, expertise, independence |
29 | and time to perform that function. |
30 | (2) Provide ultimate review of regulations by the |
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1 | General Assembly. |
2 | (3) Assist the Governor, the Attorney General and the |
3 | General Assembly in their supervisory and oversight |
4 | functions. |
5 | (4) Encourage, to the greatest extent possible, the |
6 | resolution of objections to a regulation and the reaching of |
7 | a consensus among the commission, the standing committees, |
8 | interested parties and the agency. |
9 | (c) Right or benefit.--This subchapter is not intended to |
10 | create a right or benefit, substantive or procedural, |
11 | enforceable at law by a person against another person or against |
12 | the Commonwealth, its agencies or its officers. |
13 | § 333. Definitions. |
14 | The following words and phrases when used in this subchapter |
15 | shall have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
17 | "Agency." Any department, departmental administrative board |
18 | or commission, independent board or commission, agency or other |
19 | authority of this Commonwealth. The term shall not include the |
20 | Senate or the House of Representatives, the Pennsylvania Fish |
21 | and Boat Commission, the Pennsylvania Game Commission or any |
22 | court, political subdivision, municipal or local authority. |
23 | "Commission." The Independent Regulatory Review Commission. |
24 | "Committee." A standing committee of the Senate or the House |
25 | of Representatives designated by the President pro tempore of |
26 | the Senate for the Senate or by the Speaker of the House of |
27 | Representatives for the House. The designation shall prescribe |
28 | the jurisdiction of each standing committee over the various |
29 | State agencies for purposes of this subchapter. The designation |
30 | shall be transmitted to the Legislative Reference Bureau for |
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1 | publication in the Pennsylvania Bulletin. |
2 | "Family." A parent, spouse, child, brother or sister. |
3 | "Final-form regulation." A regulation previously published |
4 | as a proposed regulation under Subchapter A (relating to |
5 | commonwealth documents law), which an agency submits to the |
6 | commission and the committees following the close of the public |
7 | comment period. |
8 | "Final-omitted regulation." A regulation which an agency |
9 | submits to the commission and the committees for which the |
10 | agency has omitted notice of proposed rulemaking under section |
11 | 306 (relating to omission of notice of proposed rulemaking). |
12 | "Promulgate." To publish an order adopting a final-form or |
13 | final-omitted regulation in accordance with Subchapter A |
14 | (relating to commonwealth documents law). |
15 | "Proposed regulation." A document intended for promulgation |
16 | as a regulation which an agency submits to the commission and |
17 | the committees and for which the agency gives notice of proposed |
18 | rulemaking 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 |
23 | a rule or regulation promulgated by an agency under |
24 | statutory authority in the administration of any statute |
25 | administered by or relating to the agency or amending, |
26 | revising or otherwise altering the terms and provisions |
27 | of an existing regulation, or prescribing the practice or |
28 | procedure before the agency. |
29 | (ii) Actions of the Pennsylvania Liquor Control |
30 | Board which have an effect on the discount rate for |
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1 | retail licensees. |
2 | (iii) Notwithstanding paragraph (2), a regulation |
3 | which may be promulgated by an agency, only with the |
4 | approval of the Governor. |
5 | (2) The term shall not include a proclamation, executive |
6 | order, directive or similar document issued by the Governor. |
7 | "Withdrawal." Removal of a proposed, final-form or final- |
8 | omitted regulation by an agency from the review process so that |
9 | the commission and the committees are prevented from taking |
10 | further action on the regulation. |
11 | § 334. Composition of commission; membership; compensation; |
12 | vacancies; removal. |
13 | (a) Composition.--The commission shall consist of five |
14 | members to be known as commissioners. One commissioner shall be |
15 | appointed by the Governor to serve at the Governor's pleasure, |
16 | one by the President pro tempore of the Senate, one by the |
17 | Speaker of the House of Representatives, one by the Minority |
18 | Leader of the Senate and one by the Minority Leader of the House |
19 | of Representatives. A member of the General Assembly or any |
20 | other officer or employee of State government may not serve as a |
21 | commissioner, but a commissioner may serve on advisory boards |
22 | and commissions or on other boards and commissions which do not |
23 | promulgate any rules and regulations which may come before the |
24 | commission 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 |
27 | of three years. |
28 | (c) Vacancy.--An appointment to fill a vacancy for the |
29 | remainder of the unexpired term shall be made in the same manner |
30 | as set forth under subsection (a). Upon the expiration of a |
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1 | commissioner's term of office, the commissioner shall continue |
2 | to hold office until a successor is appointed. |
3 | (d) Compensation.--The commissioner who is elected to serve |
4 | as the chairperson in accordance with subsection (g) shall |
5 | receive $300 per day as compensation for services rendered to |
6 | the commission. Each of the other commissioners shall receive |
7 | $250 per day as compensation for services rendered to the |
8 | commission. A commissioner shall also be entitled to |
9 | reimbursement for travel and other necessary expenses incurred |
10 | as a result of official duties. The expenses incurred by a |
11 | commissioner or by an employee of the commission shall be paid |
12 | on the presentation of itemized vouchers for the expenses. The |
13 | vouchers 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 |
16 | the Governor's pleasure, a commissioner may not be removed |
17 | during the commissioner's term of office. The Governor may, with |
18 | the approval of two-thirds of the members of the Senate, upon |
19 | clear and convincing evidence of misfeasance or malfeasance in |
20 | office or neglect of duty, remove a commissioner prior to the |
21 | expiration of the commissioner's term. The Governor shall |
22 | provide the commissioner to be removed with a detailed written |
23 | statement of the reasons for removal. |
24 | (f) Suspension.--A commissioner formally charged before a |
25 | court of record with the commission of a felony or with a |
26 | misdemeanor under 18 Pa.C.S. Pt. II Art. E (relating to offenses |
27 | against public administration) shall immediately be suspended as |
28 | a commissioner until the charge is dismissed or a verdict of |
29 | acquittal is announced. If a commissioner pleads guilty or nolo |
30 | contendere or is found guilty of the offense, or receives |
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1 | probation without verdict, disposition in lieu of trial or an |
2 | accelerated rehabilitative disposition for felony or misdemeanor |
3 | charges in this Commonwealth or in any other jurisdiction, the |
4 | commissioner shall immediately be removed from the commission |
5 | upon announcement of the verdict or disposition by the court or |
6 | upon the court's acceptance of a plea of guilty or nolo |
7 | contendere. |
8 | (f.1) Financial interest.-- |
9 | (1) A commissioner may not participate in deliberations |
10 | regarding any regulation which significantly affects the |
11 | operation or activities of any organization in which the |
12 | commissioner or any member of the commissioner's family owns |
13 | shares of stock in excess of 5% of the total issue of the |
14 | stock, has an ownership interest in excess of 5% of the total |
15 | ownership or serves as an officer, director, trustee, partner |
16 | or employee. For the purposes of this paragraph, an |
17 | organization shall not include a nonprofit organization |
18 | certified under section 501(c)(3) of the Internal Revenue |
19 | Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) in |
20 | which the commissioner holds a nonsalaried position. |
21 | (2) Within 90 days of appointment, and annually |
22 | thereafter, each commissioner shall disclose all business |
23 | affiliations and financial interests. The disclosure |
24 | statement shall be filed with the executive director of the |
25 | commission and the State Ethics Commission and shall be |
26 | available for public inspection during business hours of the |
27 | commission. Each commissioner's disclosure statement shall |
28 | remain on file as long as the commissioner remains on the |
29 | commission. |
30 | (3) If a commissioner has or may have a conflict of |
|
1 | interest or feels another commissioner has or may have a |
2 | conflict of interest in deliberating on a regulation, the |
3 | commissioner shall, prior to the vote on the regulation, |
4 | disclose the conflict or potential conflict. |
5 | (4) The commissioner may request a ruling from the |
6 | chairperson of the commission upon the question of whether |
7 | the conflict or potential conflict disqualifies the |
8 | commissioner from voting on the regulation. A commissioner |
9 | may challenge the ruling of the chairperson. If a ruling is |
10 | challenged, the question shall be resolved by majority vote |
11 | of the commission. |
12 | (5) The chairperson or a majority of the commissioners |
13 | may request the State Ethics Commission to provide advice |
14 | regarding conflicts of interest. If advice is given by the |
15 | State Ethics Commission, it shall be binding upon the |
16 | commission. |
17 | (6) A commissioner commits a misdemeanor of the second |
18 | degree by knowingly and intentionally violating the |
19 | provisions of this subsection. |
20 | (7) The commission or its employees when acting in good |
21 | faith on an opinion issued to a commissioner by the |
22 | chairperson or the State Ethics Commission shall not be |
23 | subject to criminal or civil penalties levied under 65 |
24 | Pa.C.S. Ch. 11 (relating to ethics standards and financial |
25 | disclosure) for so acting, if the material facts are as |
26 | stated in the request for an opinion. |
27 | (8) In addition to the requirements of this subchapter, |
28 | a commissioner shall be subject to the act of October 4, 1978 |
29 | (P.L.883, No.170), referred to as the Public Official and |
30 | Employee Ethics Law. |
|
1 | (g) Chairperson.--The commission shall elect a chairperson, |
2 | who shall serve for a term of two years and until a successor is |
3 | elected. The chairperson shall preside at meetings of the |
4 | commission and shall execute documents relating to the formal |
5 | actions of the commission. |
6 | (h) Meetings.--The commission shall meet before the period |
7 | for its review of regulations under this subchapter expires and |
8 | at other times as necessary to transact the business of the |
9 | commission and ensure an expeditious and orderly review of |
10 | regulations under this subchapter. Meetings shall be held at |
11 | times and places set by the chairperson. A meeting may be |
12 | scheduled by the commission upon the provision of at least ten |
13 | days' notice to all affected agencies and the committees. A |
14 | commissioner who does not attend three consecutive meetings |
15 | without cause may be removed as a commissioner by the authority |
16 | appointing the commissioner. |
17 | (i) Quorum.--For purposes of conducting official business, a |
18 | quorum consists of three commissioners. A commissioner must be |
19 | physically present to be counted toward the quorum. If the |
20 | commission is unable to conduct business for lack of a quorum, |
21 | the deadline for the commission to take action on a regulation |
22 | in accordance with this subchapter shall be postponed for 30 |
23 | days or until the next meeting at which a quorum is in |
24 | attendance, whichever occurs first. |
25 | § 335. Proposed regulations; procedures for review. |
26 | (a) General rule.--On the same date that an agency submits a |
27 | proposed regulation to the Legislative Reference Bureau for |
28 | publication of notice of proposed rulemaking in the Pennsylvania |
29 | Bulletin as required under Subchapter A (relating to |
30 | commonwealth documents law), the agency shall submit to the |
|
1 | commission and the committees a copy of the proposed regulation |
2 | and a regulatory analysis form which includes the following: |
3 | (1) The title of the agency and the names, office |
4 | addresses and telephone numbers of the agency officials |
5 | responsible for responding to questions regarding the |
6 | regulation or for receiving comments relating to the |
7 | regulation. |
8 | (1.1) A specific citation to the Federal or State |
9 | statutory or regulatory authority or the decision of a |
10 | Federal or State court under which the agency is proposing |
11 | the regulation, which the regulation is designed to implement |
12 | or which may mandate or affect compliance with the |
13 | regulation. |
14 | (2) A concise and, when possible, nontechnical |
15 | explanation of the proposed regulation. |
16 | (3) A statement of the need for the regulation. |
17 | (4) Estimates of the direct and indirect costs to the |
18 | Commonwealth, to its political subdivisions and to the |
19 | private sector. Insofar as the proposed regulation relates to |
20 | costs to the Commonwealth, the agency may submit in lieu of |
21 | its own statement the fiscal note prepared by the Office of |
22 | the Budget under Subchapter C (relating to fiscal review). |
23 | (5) A statement of legal, accounting or consulting |
24 | procedures and additional reporting, recordkeeping or other |
25 | paperwork, including copies of forms or reports, which will |
26 | be required for implementation of the regulation and an |
27 | explanation of measures which have been taken to minimize |
28 | these requirements. |
29 | (6) (Reserved). |
30 | (7) A schedule for review of the proposed regulation, |
|
1 | including the date by which the agency must receive comments, |
2 | the date or dates on which public hearings will be held, the |
3 | expected date of promulgation of the proposed regulation as a |
4 | final-form regulation, the expected effective date of the |
5 | final-form regulation, the date by which compliance with the |
6 | final-form regulation will be required and the date by which |
7 | required permits, licenses or other approvals must be |
8 | obtained. |
9 | (8) (Reserved). |
10 | (9) An identification of the types of persons, |
11 | businesses and organizations which would be affected by the |
12 | regulation. |
13 | (10) An identification of the financial, economic and |
14 | social impact of the regulation on individuals, business and |
15 | labor communities and other public and private organizations |
16 | and, when practicable, an evaluation of the benefits expected |
17 | as a result of the regulation. |
18 | (11) A description of any special provisions which have |
19 | been developed to meet the particular needs of affected |
20 | groups and persons, including minorities, the elderly, small |
21 | businesses and farmers. |
22 | (12) A description of any alternative regulatory |
23 | provisions which have been considered and rejected and a |
24 | statement that the least burdensome acceptable alternative |
25 | has been selected. |
26 | (13) A description of the plan developed for evaluating |
27 | the continuing effectiveness of the regulation after its |
28 | implementation. |
29 | (b) Publication of information and public comment period.-- |
30 | (1) The requirements of subsection (a) shall not |
|
1 | diminish the requirements of section 303 (relating to notice |
2 | of proposed rulemaking), but the information required under |
3 | this section may be included in the Notice of Proposed |
4 | Rulemaking published in the Pennsylvania Bulletin in lieu of |
5 | the information required under section 303(2) and (3). |
6 | (2) The agency shall hold a public comment period which |
7 | shall commence with the publication of the notice of proposed |
8 | rulemaking and shall continue for not less than 30 days |
9 | unless section 305(1) or (2) (relating to effective date of |
10 | regulations) applies. |
11 | (c) Copy of comments, reports and other documents to be |
12 | provided.-- |
13 | (1) From the date of submission of the proposed |
14 | regulation, the agency shall submit to the commission and the |
15 | committees, within five business days of receipt, a copy of |
16 | comments which the agency receives relating to the proposed |
17 | regulation. |
18 | (2) The agency shall also, upon request, submit to the |
19 | commission and the committees copies of reports from advisory |
20 | groups and other documents received from or disseminated to |
21 | the public relating to the proposed regulation and public |
22 | notices or announcements relating to solicitation of public |
23 | comments or meetings which the agency held or will hold |
24 | relating to the proposed regulation. |
25 | (d) Committee response.--The committees may, at any time |
26 | prior to the submittal of the regulation in final-form, convey |
27 | to the agency and the commission their comments, recommendations |
28 | and objections to the proposed regulation and a copy of any |
29 | staff reports deemed pertinent. The comments, recommendations |
30 | and objections may refer to the criteria under section 335.2 |
|
1 | (relating to criteria for review of regulations). |
2 | (e) (Reserved). |
3 | (f) Time for submitting proposed regulation to committees.-- |
4 | (1) An agency may not submit a proposed regulation to |
5 | the committees for review during the period from the end of |
6 | the legislative session in an even-numbered year to the date |
7 | by which both committees have been designated in the next |
8 | succeeding legislative session, but an agency may submit a |
9 | proposed regulation and the material required under |
10 | subsection (a) to the commission and the Legislative |
11 | Reference Bureau during this period in accordance with |
12 | subsection (a). |
13 | (2) The public comment period shall commence with the |
14 | publication of the notice of proposed rulemaking and end on |
15 | the date designated by the agency under subsection (b). |
16 | (3) The agency shall submit the proposed regulation and |
17 | required material to the committees no later than the second |
18 | Monday after the date by which both committee designations |
19 | have been published in the Pennsylvania Bulletin. |
20 | (4) If the agency does not deliver the proposed |
21 | regulation and all material required under this section in |
22 | the time prescribed under this subsection, the agency shall |
23 | be deemed to have withdrawn the proposed regulation. |
24 | (g) Commission response.-- |
25 | (1) The commission may, within 30 days after the close |
26 | of the public comment period, convey to the agency and |
27 | committees any comments, recommendations and objections to |
28 | the proposed regulation. The comments, recommendations and |
29 | objections shall specify the regulatory review criterion |
30 | stated under section 335.2 which the proposed regulation has |
|
1 | not met. |
2 | (2) The following apply: |
3 | (i) If the commission does not comment on, make |
4 | recommendations regarding or object to any portion of the |
5 | proposed regulation within the time provided under this |
6 | subsection, the commission shall be deemed to have |
7 | approved that portion of the proposed regulation. |
8 | (ii) Disapproval of the final-form regulation by the |
9 | commission shall relate only to comments, recommendations |
10 | and objections raised by the commission to the proposed |
11 | regulation to changes which the agency made to the |
12 | proposed regulation or to recommendations, comments or |
13 | objections which a committee conveyed to the agency or |
14 | the commission. |
15 | § 335.1. Final-form regulations and final-omitted regulations; |
16 | procedures for review. |
17 | (a) Duties of agency.-- |
18 | (1) The agency shall review and consider public comments |
19 | and the comments of the committees and commission under this |
20 | section. |
21 | (2) Within five business days of receipt of a public |
22 | comment, the agency shall notify the commentator of the |
23 | agency's address and telephone number where the commentator |
24 | may submit a request for the information concerning the |
25 | final-form regulation under subsection (b). |
26 | (3) Upon completion of the agency's review of comments, |
27 | the agency shall submit to the commission and the committees |
28 | a copy of its response to the comments received, the names |
29 | and addresses of commentators who have requested additional |
30 | information relating to the final-form regulation and the |
|
1 | text of the final-form regulation which the agency intends to |
2 | adopt. |
3 | (4) If an agency does not submit or withdraws and does |
4 | not resubmit the final-form regulation within two years of |
5 | the close of the public comment period but still desires to |
6 | promulgate the final-form regulation, the agency shall |
7 | republish the regulation as a proposed regulation with a new |
8 | public comment period in accordance with Subchapter A |
9 | (relating to commonwealth documents law). |
10 | (5) If the agency is prevented from delivering its |
11 | final-form regulation to the commission and the committees |
12 | within the time period provided for under this subsection |
13 | because of the adjournment sine die or expiration of the |
14 | legislative session in an even-numbered year, the agency |
15 | shall deliver its final-form regulation in accordance with |
16 | subsection (f). |
17 | (b) Notice of submission to commentators.-- |
18 | (1) On the same date that the agency submits the |
19 | material required under subsection (a) to the commission and |
20 | the committees, the agency shall send a notice of submission |
21 | and a copy of the text of the final-form regulation or a copy |
22 | of all changes to the proposed regulation which are |
23 | incorporated into the final-form regulation to each |
24 | commentator who requested this information under subsection |
25 | (a). |
26 | (2) The agency is not required to notify each party |
27 | whose name appears on petitions or membership lists who did |
28 | not present individual comments on the regulation. |
29 | (c) Time period for filing.-- |
30 | (1) The agency shall submit final-omitted regulations to |
|
1 | the commission and the committees for review under this |
2 | section on the same date that the agency submits the |
3 | regulations for review under section 313 (relating to |
4 | Attorney General). The requirements of section 335 (relating |
5 | to proposed regulations; procedures for review), except for |
6 | the requirements for holding a public comment period and for |
7 | notifying commentators, are applicable to final-omitted |
8 | regulations. |
9 | (2) If the agency makes revisions under subsection (g), |
10 | the agency shall deliver copies of the revisions to the |
11 | Attorney General on the same date that the agency delivers |
12 | the revisions to the commission and the committees. |
13 | (d) (Reserved). |
14 | (e) Approval and disapproval.--The commission may have until |
15 | its next scheduled meeting which occurs no less than 30 days |
16 | after receipt of the final-form or final-omitted regulation to |
17 | approve or disapprove the final-form or final-omitted |
18 | regulation. The commission shall notify the agency and the |
19 | committees of its approval or disapproval. If the commission |
20 | does not disapprove the final-form or final-omitted regulation |
21 | within the time allotted under this subsection, the commission |
22 | shall be deemed to have approved the final-form or final-omitted |
23 | regulation. |
24 | (f) Delivery.--An agency may not deliver a final-form or |
25 | final-omitted regulation to the commission and the committees |
26 | after the adjournment sine die or expiration of the legislative |
27 | session in an even-numbered year. The agency may not deliver the |
28 | final-form or final-omitted regulation until the fourth Monday |
29 | in January of the next year. On that date, the agency shall |
30 | resubmit the final-form or final-omitted regulation and required |
|
1 | material to the committees and the commission. If either |
2 | committee has not been designated by the fourth Monday in |
3 | January, the agency may not deliver the final-form or final- |
4 | omitted regulation and required material to the committees and |
5 | the commission until both committees are designated. |
6 | (g) Changes.--Except as provided under this subsection, the |
7 | agency may not make any changes to a final-form or final-omitted |
8 | regulation after the agency submits the final-form or final- |
9 | omitted regulation to the commission and the committees. |
10 | (1) Prior to the expiration of the date on which either |
11 | of the committees takes action on the final-form or final- |
12 | omitted regulation, under subsection (j.2) or (j.3) or the |
13 | expiration of the commission's review period prescribed under |
14 | subsection (e), whichever occurs first, the agency may, |
15 | unless the commission shall object, toll the time for the |
16 | commission's and the committees' review of the final-form or |
17 | final-omitted regulation in order to allow time for the |
18 | agency to consider revisions to the final-form or final- |
19 | omitted regulation recommended by the commission or a |
20 | committee. |
21 | (2) Tolling under paragraph (1) may last for up to 30 |
22 | days. If within 30 days the agency does not submit revisions |
23 | to the committees and the commission or does not notify the |
24 | commission and the committees in writing that it will not |
25 | submit revisions but wishes the commission and the committees |
26 | to resume their review, the agency shall be deemed to have |
27 | withdrawn the final-form or final-omitted regulation. |
28 | (3) The committees shall have the remainder of the 20- |
29 | day review period or ten days from the date of receipt of the |
30 | revised final-form or final-omitted regulation or written |
|
1 | notification under paragraph (2), whichever is longer, to |
2 | take action under subsection (j.2) or (j.3), and the |
3 | commission may have until its next scheduled meeting which |
4 | occurs after the expiration of the committee review period, |
5 | but not less than 15 days after receipt of the revised final- |
6 | form or final-omitted regulation or written notification |
7 | under paragraph (2) to review the final-form or final-omitted |
8 | regulation. If the commission does not disapprove the final- |
9 | form or final-omitted regulation or a committee does not |
10 | notify the commission and the agency that it has disapproved |
11 | the regulation or that it intends to review the regulation |
12 | under subsection (j.2), within the respective time periods, |
13 | the regulation shall be deemed approved. |
14 | (4) The agency may not toll the time for review of any |
15 | final-form or final-omitted regulation more than one time. |
16 | (5) The agency may not submit revisions or notification |
17 | that the regulation will not be revised after the adjournment |
18 | sine die or the expiration of the legislative session in an |
19 | even-numbered year. If the committees and the commission are |
20 | prevented from completing their review under this subsection |
21 | because of the adjournment sine die or the expiration of the |
22 | legislative session in an even-numbered year, the agency |
23 | shall resubmit the final-form or final-omitted regulation and |
24 | review shall proceed in accordance within subsection (j.3). |
25 | (h) (Reserved). |
26 | (i) (Reserved). |
27 | (j) Comments.--The commission shall accept public comments |
28 | only up to 48 hours prior to the commission's public meeting |
29 | unless the comments are submitted at the request of the |
30 | commission. The commission shall receive comments from the |
|
1 | agency or members of the General Assembly until the commission |
2 | acts on the regulation. The commission shall transmit comments |
3 | received during the 48-hour period prior to the commission's |
4 | public meeting to the agency and the committees upon receipt. |
5 | The commission shall accept additional public comments only |
6 | after the public meeting has been called to order. |
7 | (j.1) Time for action.--A committee shall have at least 20 |
8 | days from receipt of the information required under subsection |
9 | (a) or receipt of the information required under subsection (c) |
10 | to take action under subsection (j.2). If the committees are |
11 | prevented from completing their 20-day review because of the |
12 | adjournment sine die or expiration of the legislative session in |
13 | an even-numbered year, their review of the final-form or final- |
14 | omitted regulation shall automatically be suspended until the |
15 | fourth Monday in January of the next year. On that date, the |
16 | agency shall resubmit the final-form or final-omitted regulation |
17 | and required material to the committees and the commission. |
18 | (1) If either committee has not been designated by the |
19 | fourth Monday in January, the agency may not deliver the |
20 | final-form or final-omitted regulation and required material |
21 | to the commission and the committees until both committees |
22 | have been designated. |
23 | (2) If the agency does not deliver the final-form or |
24 | final-omitted regulation and required material to the |
25 | commission and the committees by the second Monday after the |
26 | date by which both committee designations have been published |
27 | in the Pennsylvania Bulletin, the agency shall be deemed to |
28 | have withdrawn the regulation. |
29 | (3) In computing the remaining time for committee |
30 | review, the number of days in which the committees have had |
|
1 | the final-form or the final-omitted regulation under review |
2 | as of the adjournment sine die or expiration of the prior |
3 | session shall be subtracted from the 20-day committee review |
4 | period, but the committee review period in the next |
5 | succeeding legislative session shall not be less than ten |
6 | days. |
7 | (4) The commission shall not act on a regulation until |
8 | the committee review period has expired. This section shall |
9 | not apply to emergency-certified regulations adopted under |
10 | the provisions of section 336(d) (relating to procedures for |
11 | disapproval of final-form and final-omitted regulations; |
12 | emergency-certified regulations). |
13 | (j.2) Notification of approval and disapproval.--At any time |
14 | during the commission's review period up to 24 hours prior to |
15 | the opening of the commission's public meeting, a committee may |
16 | notify the commission and the agency that it has approved or |
17 | disapproved a final-form or final-omitted regulation or that it |
18 | intends to review the regulation. If the commission approves a |
19 | regulation and a committee has not notified the commission and |
20 | the agency that it has disapproved the regulation or that it |
21 | intends to review the regulation, the agency may promulgate the |
22 | regulation. If the commission approves a regulation and a |
23 | committee has notified the commission and the agency that it has |
24 | disapproved the regulation or that it intends to review the |
25 | regulation, the agency may not promulgate the regulation for 14 |
26 | days after the committee has received the commission's approval |
27 | order. During this 14-day period, the committee may take action |
28 | on the regulation under section 337(d) (relating to procedures |
29 | for subsequent review of disapproved final-form or final-omitted |
30 | regulations). If at the expiration of the 14-day period the |
|
1 | committee has not taken action on the regulation under section |
2 | 337(d), the agency may promulgate the regulation. |
3 | (j.3) Automatic suspension of 14-day review.--If the |
4 | committees are prevented from completing their 14-day review |
5 | because of adjournment sine die or expiration of the legislative |
6 | session in an even-numbered year, their review of the final-form |
7 | or final-omitted regulation shall automatically be suspended |
8 | until the fourth Monday in January of the next year. On that |
9 | date, the agency shall resubmit the final-form or final-omitted |
10 | regulation and required material to the committees and the |
11 | commission. |
12 | (1) If either committee has not been designated by the |
13 | fourth Monday in January, the agency may not deliver the |
14 | final-form or final-omitted regulation and required material |
15 | to the committees and the commission until both committees |
16 | are designated. |
17 | (2) If the agency does not deliver the final-form or |
18 | final-omitted regulation and required material to the |
19 | commission and the committees by the second Monday after the |
20 | date by which both committee designations have been published |
21 | in the Pennsylvania Bulletin, the agency shall be deemed to |
22 | have withdrawn the final-form or final-omitted regulation. |
23 | (3) In determining the remaining time for committee |
24 | review, the number of days in which the committees have had |
25 | the final-form or the final-omitted regulation under review |
26 | as of the adjournment sine die or expiration of the prior |
27 | session shall be subtracted from the 14-day committee review |
28 | period, but the committee review period in the next |
29 | succeeding legislative session shall not be less than ten |
30 | days. |
|
1 | (4) An agency may not submit a final-form or final- |
2 | omitted regulation to the commission or the committees for |
3 | review during the period from the adjournment sine die or |
4 | expiration of the legislative session of an even-numbered |
5 | year to the date by which both committees have been |
6 | designated in the next succeeding legislative session. |
7 | (5) This subsection shall not apply to emergency- |
8 | certified regulations adopted under the provisions of section |
9 | 336(d). |
10 | (j.4) Disapproval.--If the commission disapproves a final- |
11 | form or final-omitted regulation, the commission, the committees |
12 | and the agency will proceed in accordance with section 336. |
13 | (k) Comment retention.--The commission shall note and shall |
14 | make a part of the public record all comments which it receives |
15 | relating to a regulation and shall retain the comments for four |
16 | years after the promulgation of the regulation. |
17 | (l) Regulations.--Except for emergency-certified regulations |
18 | adopted under section 336(d), an agency may not promulgate a |
19 | regulation until completion of the review provided for under |
20 | this subchapter. |
21 | § 335.2. Criteria for review of regulations. |
22 | (a) Preliminary criteria.--In determining whether a |
23 | proposed, final-form, final-omitted or existing regulation is in |
24 | the public interest, the commission shall, first and foremost, |
25 | determine whether the agency has the statutory authority to |
26 | promulgate the regulation and whether the regulation conforms to |
27 | the intention of the General Assembly in the enactment of the |
28 | statute upon which the regulation is based. In making its |
29 | determination, the commission shall consider written comments |
30 | submitted by the committees and current members of the General |
|
1 | Assembly, pertinent opinions of Pennsylvania's courts and formal |
2 | opinions of the Attorney General. |
3 | (b) General criteria.--Upon a finding that the regulation is |
4 | consistent with the statutory authority of the agency and with |
5 | the intention of the General Assembly in the enactment of the |
6 | statute upon which the regulation is based, the commission shall |
7 | consider the following in determining whether the regulation is |
8 | in the public interest: |
9 | (1) Economic or fiscal impacts of the regulation, which |
10 | include the following: |
11 | (i) Direct and indirect costs to the Commonwealth, |
12 | to its political subdivisions and to the private sector. |
13 | (ii) Adverse effects on prices of goods and |
14 | services, productivity or competition. |
15 | (iii) The nature of required reports, forms or other |
16 | paperwork and the estimated cost of their preparation by |
17 | individuals, businesses and organizations in the public |
18 | and private sectors. |
19 | (iv) The nature and estimated cost of legal, |
20 | consulting or accounting services which the public or |
21 | private sector may incur. |
22 | (v) The impact on the public interest of exempting |
23 | or setting lesser standards of compliance for individuals |
24 | or small businesses when it is lawful, desirable and |
25 | feasible to do so. |
26 | (2) The protection of the public health, safety and |
27 | welfare and the effect on this Commonwealth's natural |
28 | resources. |
29 | (3) The clarity, feasibility and reasonableness of the |
30 | regulation to be determined by considering the following: |
|
1 | (i) Possible conflict with or duplication of |
2 | statutes or existing regulations. |
3 | (ii) Clarity and lack of ambiguity. |
4 | (iii) Need for the regulation. |
5 | (iv) Reasonableness of requirements, implementation |
6 | procedures and timetables for compliance by the public |
7 | and private sectors. |
8 | (4) Whether the regulation represents a policy decision |
9 | of such a substantial nature that it requires legislative |
10 | review. |
11 | (5) Comments, objections or recommendations of a |
12 | committee. |
13 | (6) Compliance with the provisions of this subchapter or |
14 | the regulations of the commission in promulgating the |
15 | regulation. |
16 | § 336. Procedures for disapproval of final-form and final- |
17 | omitted regulations; emergency-certified regulations. |
18 | (a) Order.--If the commission disapproves a final-form or |
19 | final-omitted regulation, the commission shall deliver its |
20 | disapproval order to the Legislative Reference Bureau, the |
21 | committees and the agency. The commission shall notify |
22 | commentators who have requested additional information under |
23 | section 335.1(a) (relating to final-form regulations and final- |
24 | omitted regulations; procedures for review) of the commission's |
25 | vote to disapprove. The disapproval order shall specify the |
26 | regulatory review criteria which the final-form or final-omitted |
27 | regulation has not met. The agency shall review the commission's |
28 | order and proceed under section 337(a) (relating to procedures |
29 | for subsequent review of disapproved final-form or final-omitted |
30 | regulations). |
|
1 | (b) Effect.--The commission's order disapproving a final- |
2 | form or final-omitted regulation shall bar the agency from |
3 | promulgating that regulation pending subsequent review under |
4 | section 337. |
5 | (c) (Reserved). |
6 | (d) Prohibition.-- |
7 | (1) The commission may not issue an order barring an |
8 | agency from promulgating a final-form or final-omitted |
9 | regulation if the Attorney General certifies that the final- |
10 | form or final-omitted regulation is required under the decree |
11 | of any court or to implement the provisions of a statute of |
12 | the United States or regulations issued thereunder by a |
13 | Federal agency or if the Governor certifies that the final- |
14 | form or final-omitted regulation is required to meet an |
15 | emergency which includes conditions which may threaten the |
16 | public health, safety or welfare, cause a budget deficit or |
17 | create the need for supplemental or deficiency appropriations |
18 | of greater than $1,000,000. In those cases, the final-form or |
19 | final-omitted regulation may take effect on the date of |
20 | publication or on a later date specified in the order |
21 | adopting the final-form or final-omitted regulation. |
22 | (2) The commission and the committees shall review the |
23 | final-form or final-omitted regulation under the procedures |
24 | provided for under this subchapter. If the final-form or |
25 | final-omitted regulation is disapproved under those |
26 | procedures, that regulation shall be rescinded after 120 days |
27 | or upon final disapproval, whichever occurs later. |
28 | § 337. Procedures for subsequent review of disapproved final- |
29 | form or final-omitted regulations. |
30 | (a) General procedures.--An agency may select one of the |
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1 | following options for proceeding with a regulation which has |
2 | been disapproved by the commission: |
3 | (1) To proceed further with the final-form or final- |
4 | omitted regulation under subsection (b). |
5 | (2) To proceed further with the final-form or final- |
6 | omitted regulation under subsection (c). |
7 | (3) To withdraw the final-form or final-omitted |
8 | regulation. |
9 | (b) Report.-- |
10 | (1) If the agency decides to adopt the final-form or |
11 | final-omitted regulation without revisions or further |
12 | modifications, the agency shall submit a report to the |
13 | committees and the commission within 40 days of the agency's |
14 | receipt of the commission's disapproval order. The agency's |
15 | report shall contain the final-form or final-omitted |
16 | regulation, the commission's disapproval order and the |
17 | agency's response and recommendations regarding the final- |
18 | form or final-omitted regulation. |
19 | (2) If the committees are prevented from receiving the |
20 | report because of adjournment sine die or expiration of the |
21 | legislative session in an even-numbered year, the agency |
22 | shall submit its report to the commission and the committees |
23 | on the fourth Monday in January of the next year. If either |
24 | committee has not been designated by the fourth Monday in |
25 | January, the agency may not deliver the report to the |
26 | committees and the commission until both committees are |
27 | designated, but the agency shall deliver its report to the |
28 | commission and the committees no later than the second Monday |
29 | after the date by which both committee designations have been |
30 | published in the Pennsylvania Bulletin. |
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1 | (3) If the agency does not deliver the report to the |
2 | committees and the commission in the time prescribed under |
3 | this subsection, the agency shall be deemed to have withdrawn |
4 | the final-form or final-omitted regulation. |
5 | (c) Modifications before report.-- |
6 | (1) If the agency decides to revise or modify the final- |
7 | form or final-omitted regulation in order to respond to |
8 | objections raised by the commission and adopt that regulation |
9 | with revisions or modifications, the agency shall submit a |
10 | report to the committees and the commission within 40 days of |
11 | the agency's receipt of the commission's disapproval order. |
12 | The agency's report shall contain the revised final-form or |
13 | final-omitted regulation, the findings of the commission and |
14 | the agency's response and recommendations regarding the |
15 | revised final-form or final-omitted regulation. |
16 | (2) If the committees are prevented from receiving the |
17 | report because of adjournment sine die or expiration of the |
18 | legislative session in an even-numbered year, the agency |
19 | shall submit the report to the commission and the committees |
20 | on the fourth Monday in January of the next year. If either |
21 | committee has not been designated by the fourth Monday in |
22 | January, the agency may not deliver the report to the |
23 | committees and the commission until both committees are |
24 | designated, but the agency shall deliver its report to the |
25 | commission and the committees no later than the second Monday |
26 | after the date by which both committee designations have been |
27 | published in the Pennsylvania Bulletin. |
28 | (3) If the agency does not deliver its report to the |
29 | commission and the committees in the time prescribed in this |
30 | subsection, the agency shall be deemed to have withdrawn the |
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1 | final-form or final-omitted regulation. |
2 | (c.1) Approval or disapproval order.--The commission may |
3 | have until its next scheduled meeting, which occurs no less than |
4 | 15 days from receipt of the agency's report, to approve or |
5 | disapprove the agency's report. The commission shall deliver its |
6 | approval or disapproval order to the committees for |
7 | consideration by the General Assembly under subsection (d). |
8 | (1) If the commission is prevented from delivering its |
9 | order to the committees within the time period provided for |
10 | under this subsection because of the adjournment sine die or |
11 | expiration of the legislative session in an even-numbered |
12 | year, the commission shall deliver its order on the fourth |
13 | Monday of January of the next year. |
14 | (2) If either committee has not been designated by the |
15 | fourth Monday in January, the commission may not deliver its |
16 | order to the committees until both committees are designated, |
17 | but the commission shall deliver its order no later than the |
18 | second Monday after the date by which both committee |
19 | designations have been published in the Pennsylvania |
20 | Bulletin. |
21 | (3) If the commission does not deliver its order |
22 | disapproving the agency's report and revised final-form or |
23 | final-omitted regulation in the time prescribed under this |
24 | subsection, the commission shall be deemed to have approved |
25 | the agency's report and the revised final-form or final- |
26 | omitted regulation. |
27 | (d) Legislative presentation by concurrent resolution.--Upon |
28 | receipt of the commission's order under subsection (c.1) or at |
29 | the expiration of the commission's review period if the |
30 | commission does not act on the regulation or does not deliver |
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1 | its order under subsection (c.1), one or both of the committees |
2 | may, within 14 calendar days, report to the Senate or House of |
3 | Representatives a concurrent resolution and notify the agency. |
4 | During the 14-calendar-day period, the agency may not promulgate |
5 | the final-form or final-omitted regulation. |
6 | (1) If, by the expiration of the 14-calendar-day period, |
7 | neither committee reports a concurrent resolution, the |
8 | committees shall be deemed to have approved the final-form or |
9 | final-omitted regulation, and the agency may promulgate that |
10 | regulation. |
11 | (2) If either committee reports a concurrent resolution |
12 | before the expiration of the 14-day period, the Senate and |
13 | the House of Representatives shall each have 30 calendar days |
14 | or ten legislative days, whichever is longer, from the date |
15 | on which the concurrent resolution has been reported, to |
16 | adopt the concurrent resolution. |
17 | (3) If the General Assembly adopts the concurrent |
18 | resolution by majority vote in both the Senate and the House |
19 | of Representatives, the concurrent resolution shall be |
20 | presented to the Governor in accordance with section 9 of |
21 | Article III of the Constitution of Pennsylvania. |
22 | (4) If the Governor does not return the concurrent |
23 | resolution to the General Assembly within ten calendar days |
24 | after it is presented, the Governor shall be deemed to have |
25 | approved the concurrent resolution. |
26 | (5) If the Governor vetoes the concurrent resolution, |
27 | the General Assembly may override that veto by a two-thirds |
28 | vote in each house. The Senate and the House of |
29 | Representatives shall each have 30 calendar days or ten |
30 | legislative days, whichever is longer, to override the veto. |
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1 | (6) If the General Assembly does not adopt the |
2 | concurrent resolution or override the veto in the time |
3 | prescribed under this subsection, it shall be deemed to have |
4 | approved the final-form or final-omitted regulation. |
5 | (7) Notice as to any final disposition of a concurrent |
6 | resolution considered in accordance with this section shall |
7 | be published in the Pennsylvania Bulletin. |
8 | (8) If the General Assembly adopts the concurrent |
9 | resolution and the Governor approves or is deemed to have |
10 | approved the concurrent resolution or if the General Assembly |
11 | overrides the Governor's veto of the concurrent resolution, |
12 | the agency shall be barred from promulgating the final-form |
13 | or final-omitted regulation. The bar on promulgation of the |
14 | final-form or final-omitted regulation shall continue until |
15 | that regulation has been approved or deemed approved in |
16 | accordance with this subsection. |
17 | (9) If the General Assembly does not adopt the |
18 | concurrent resolution or if the Governor vetoes the |
19 | concurrent resolution and the General Assembly does not |
20 | override the Governor's veto, the agency may promulgate the |
21 | final-form or final-omitted regulation. The General Assembly |
22 | may, at its discretion, adopt a concurrent resolution |
23 | disapproving the final-form or final-omitted regulation to |
24 | indicate the intent of the General Assembly but permit the |
25 | agency to promulgate that regulation. |
26 | § 337.1. Classification of documents. |
27 | If the commission or a committee finds that a published or |
28 | unpublished document should be promulgated as a regulation, the |
29 | commission or committee may present the matter to the Joint |
30 | Committee on Documents. The Joint Committee on Documents shall |
|
1 | determine whether the document should be promulgated as a |
2 | regulation and may order an agency either to promulgate the |
3 | document as a regulation within 180 days or to desist from the |
4 | use of the document in the business of the agency. |
5 | § 338. Changes in final-form and final-omitted regulations. |
6 | (a) General rule.--Except as provided in subsection (b), an |
7 | agency may not make changes to a final-form or final-omitted |
8 | regulation after that regulation has been approved or has been |
9 | deemed approved by the committees or the commission under this |
10 | subchapter. |
11 | (b) Exception.--Subsection (a) shall not apply to changes |
12 | made at the direction of the Office of Attorney General under |
13 | its review under section 313 (relating to Attorney General). |
14 | § 338.1. Existing regulations. |
15 | The commission, on its motion or at the request of any person |
16 | or member of the General Assembly, may review an existing |
17 | regulation which has been in effect for at least three years. If |
18 | a committee of the Senate or the House of Representatives |
19 | requests a review of an existing regulation, the commission |
20 | shall perform the review and shall assign it high priority. The |
21 | commission may submit recommendations to an agency recommending |
22 | changes in existing regulations if it finds the existing |
23 | regulations to be contrary to the public interest under the |
24 | criteria established under section 335.2 (relating to criteria |
25 | for review of regulations). The commission may also make |
26 | recommendations to the General Assembly and the Governor for |
27 | statutory changes if the commission finds that any existing |
28 | regulation may be contrary to the public interest. |
29 | § 339. Commission staff. |
30 | (a) Executive director and other employees.--The commission |
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1 | shall appoint and fix the compensation of a full-time executive |
2 | director, who shall be responsible for the general supervision |
3 | of all the affairs of the commission and for performing any |
4 | administrative function or duty which the commission may |
5 | delegate to the executive director. The commission shall appoint |
6 | and fix the compensation of such other employees as the |
7 | commission may find necessary for the proper operation of the |
8 | commission. |
9 | (b) Chief counsel.--The commission shall appoint and fix the |
10 | compensation of a full-time chief counsel, who shall not be |
11 | subject to the supervision of the Attorney General or the |
12 | General Counsel. The chief counsel shall supervise, coordinate |
13 | and administer the legal services provided to the commission. |
14 | § 340. Subpoena power. |
15 | The commission has the authority to issue subpoenas for the |
16 | purpose of requiring the attendance of persons and the |
17 | production of documents relating to any function which the |
18 | commission or its staff is authorized to perform under this |
19 | subchapter. The chairperson or the executive director may sign a |
20 | subpoena. The subpoena may be served in any manner authorized |
21 | under the laws of this Commonwealth. The commission is |
22 | authorized to apply to the Commonwealth Court to enforce its |
23 | subpoenas. |
24 | § 341. Regulations; annual reports; hearings and advisory group |
25 | meetings. |
26 | (a) Regulations.-- |
27 | (1) The commission, in the performance of its functions |
28 | under this subchapter, has the power to promulgate and |
29 | enforce regulations necessary to carry out the purposes of |
30 | this subchapter. |
|
1 | (2) Regulations must be promulgated in accordance with |
2 | the procedures established under Subchapter A (relating to |
3 | commonwealth documents law). |
4 | (3) The regulations shall provide for the commission's |
5 | notification of filings of final-form and final-omitted |
6 | regulations to parties likely to be affected by the final- |
7 | form and final-omitted regulations through publication of a |
8 | notice in the Pennsylvania Bulletin. |
9 | (4) Prior to the regulations taking effect, the |
10 | requirements of this subchapter must be satisfied. For the |
11 | purposes of reviewing the regulations of the commission and |
12 | otherwise satisfying the requirements of this subchapter, the |
13 | Joint Committee on Documents shall exercise the rights and |
14 | perform the functions of the commission and the commission |
15 | shall exercise the rights and perform the functions of an |
16 | agency under this subchapter. |
17 | (b) Annual report.--By April 1, the commission shall file an |
18 | annual report of its activities for the prior calendar year with |
19 | the Governor, the Secretary of the Senate and the Chief Clerk of |
20 | the House of Representatives. |
21 | (c) Hearings.--The commission may hold public hearings on |
22 | any matter before the commission and may meet with advisory |
23 | groups regarding matters before the commission. |
24 | § 342. Clearinghouse. |
25 | The commission shall act as a clearinghouse for complaints, |
26 | comments and other input from members of the General Assembly |
27 | and from the public regarding existing, proposed, final-form and |
28 | final-omitted regulations. The commission shall maintain |
29 | accurate records regarding complaints and comments it receives |
30 | and shall maintain such records by departmental and subject |
|
1 | matter categories for four years after the date of receipt by |
2 | the commission. When the commission files its annual report as |
3 | provided under section 341 (relating to regulations; annual |
4 | reports; hearings and advisory group meetings), the commission |
5 | shall include within it a summary of public complaint and |
6 | comment along with any recommendations the commission may offer |
7 | for statutory change. |
8 | § 342.1. Gubernatorial review. |
9 | The Governor may institute procedures for the review and |
10 | approval of regulations promulgated by executive agencies prior |
11 | to their submittal for review under this subchapter, including |
12 | the establishment of a task force or committee, by executive |
13 | order. The Governor may also establish procedures for the |
14 | effective coordination of the review of regulations under |
15 | Subchapters B (relating to legal review) and C (relating to |
16 | fiscal review) and section 2203-A of the act of April 9, 1929 |
17 | (P.L.177, No.175), known as The Administrative Code of 1929. |
18 | Section 3. Repeals are as follows: |
19 | (1) The General Assembly declares as follows: |
20 | (i) The repeal under paragraph (2)(ii) is necessary |
21 | to effectuate the addition of 2 Pa.C.S. Ch. 3 Subch. A. |
22 | (ii) The repeal under paragraph (2)(iii) is |
23 | necessary to effectuate the addition of 2 Pa.C.S. Ch. 3 |
24 | Subch. B. |
25 | (iii) The repeal under paragraph (2)(i) is necessary |
26 | to effectuate the addition of 2 Pa.C.S. Ch. 3 Subch. C. |
27 | (iv) The repeal under paragraph (2)(iv) is necessary |
28 | to effectuate the addition of 2 Pa.C.S. Ch. 3 Subch. D. |
29 | (2) The following acts and parts of acts are repealed: |
30 | (i) Section 612 of the act of April 9, 1929 |
|
1 | (P.L.177, No.175), known as The Administrative Code of |
2 | 1929. |
3 | (ii) The act of July 31, 1968 (P.L.769, No.240), |
4 | referred to as the Commonwealth Documents Law. |
5 | (iii) Sections 204(b) and 301(10) of the act of |
6 | October 15, 1980 (P.L.950, No.164), known as the |
7 | Commonwealth Attorneys Act. |
8 | (iv) The act of June 25, 1982 (P.L.633, No.181), |
9 | known as the Regulatory Review Act. |
10 | Section 4. Continuation is as follows: |
11 | (1) The addition of 2 Pa.C.S. Ch. 3 Subch. A is a |
12 | continuation of the act of July 31, 1968 (P.L.769, No.240), |
13 | referred to as the Commonwealth Documents Law. The following |
14 | apply: |
15 | (i) Except as otherwise provided in 2 Pa.C.S. Ch. 3 |
16 | Subch. A, all activities initiated under the Commonwealth |
17 | Documents Law shall continue and remain in full force and |
18 | effect and may be completed under 2 Pa.C.S. Ch. 3 Subch. |
19 | A. Orders, regulations, rules and decisions which were |
20 | made under the Commonwealth Documents Law and which are |
21 | in effect on the effective date of section 3(2)(ii) of |
22 | this act shall remain in full force and effect until |
23 | revoked, vacated or modified under 2 Pa.C.S. Ch. 3 Subch. |
24 | A. Contracts, obligations and collective bargaining |
25 | agreements entered into under the Commonwealth Documents |
26 | Law are not affected nor impaired by the repeal of the |
27 | Commonwealth Documents Law. |
28 | (ii) Except as set forth in subparagraph (iii), any |
29 | difference in language between 2 Pa.C.S. Ch. 3 Subch. A |
30 | and the Commonwealth Documents Law is intended only to |
|
1 | conform to the style of the Pennsylvania Consolidated |
2 | Statutes and is not intended to change or affect the |
3 | legislative intent, judicial construction or |
4 | administration and implementation of the Commonwealth |
5 | Documents Law. |
6 | (iii) (Reserved). |
7 | (2) The addition of 2 Pa.C.S. Ch. 3 Subch. B is a |
8 | continuation of sections 204(b) and 301(10) of the act of |
9 | October 15, 1980 (P.L.950, No.164), known as the Commonwealth |
10 | Attorneys Act. The following apply: |
11 | (i) Except as otherwise provided in 2 Pa.C.S. Ch. 3 |
12 | Subch. B, all activities initiated under sections 204(b) |
13 | and 301(10) of the Commonwealth Attorneys Act shall |
14 | continue and remain in full force and effect and may be |
15 | completed under 2 Pa.C.S. Ch. 3 Subch. B. Orders, |
16 | regulations, rules and decisions which were made under |
17 | sections 204(b) and 301(10) of the Commonwealth Attorneys |
18 | Act and which are in effect on the effective date of |
19 | section 3(2)(iii) of this act shall remain in full force |
20 | and effect until revoked, vacated or modified under 2 |
21 | Pa.C.S. Ch. 3 Subch. B. Contracts, obligations and |
22 | collective bargaining agreements entered into under |
23 | sections 204(b) and 301(10) of the Commonwealth Attorneys |
24 | Act are not affected nor impaired by the repeal of |
25 | sections 204(b) and 301(10) of the Commonwealth Attorneys |
26 | Act. |
27 | (ii) Except as set forth in subparagraph (iii), any |
28 | difference in language between 2 Pa.C.S. Ch. 3 Subch. B |
29 | and sections 204(b) and 301(10) of the Commonwealth |
30 | Attorneys Act is intended only to conform to the style of |
|
1 | the Pennsylvania Consolidated Statutes and is not |
2 | intended to change or affect the legislative intent, |
3 | judicial construction or administration and |
4 | implementation of sections 204(b) and 301(10) of the |
5 | Commonwealth Attorneys Act. |
6 | (iii) Subparagraph (ii) does not apply to the |
7 | addition of 2 Pa.C.S. § 311. |
8 | (3) The addition of 2 Pa.C.S. Ch. 3 Subch. C is a |
9 | continuation of section 612 of the act of April 9, 1929 |
10 | (P.L.177, No.175), known as The Administrative Code of 1929. |
11 | The following apply: |
12 | (i) Except as otherwise provided in 2 Pa.C.S. Ch. 3 |
13 | Subch. C, all activities initiated under section 612 of |
14 | The Administrative Code of 1929 shall continue and remain |
15 | in full force and effect and may be completed under 2 |
16 | Pa.C.S. Ch. 3 Subch. C. Orders, regulations, rules and |
17 | decisions which were made under section 612 of The |
18 | Administrative Code of 1929 and which are in effect on |
19 | the effective date of section 3(2)(i) of this act shall |
20 | remain in full force and effect until revoked, vacated or |
21 | modified under 2 Pa.C.S. Ch. 3 Subch. C. Contracts, |
22 | obligations and collective bargaining agreements entered |
23 | into under section 612 of The Administrative Code of 1929 |
24 | are not affected nor impaired by the repeal of section |
25 | 612 of The Administrative Code of 1929. |
26 | (ii) Except as set forth in subparagraph (iii), any |
27 | difference in language between 2 Pa.C.S. Ch. 3 Subch. C |
28 | and section 612 of The Administrative Code of 1929 is |
29 | intended only to conform to the style of the Pennsylvania |
30 | Consolidated Statutes and is not intended to change or |
|
1 | affect the legislative intent, judicial construction or |
2 | administration and implementation of section 612 of The |
3 | Administrative Code of 1929. |
4 | (iii) Subparagraph (ii) does not apply to the |
5 | addition of 2 Pa.C.S. § 321. |
6 | (4) The addition of 2 Pa.C.S. Ch. 3 Subch. D is a |
7 | continuation of the act of June 25, 1982 (P.L.633, No.181), |
8 | known as the Regulatory Review Act. The following apply: |
9 | (i) Except as otherwise provided in 2 Pa.C.S. Ch. 3 |
10 | Subch. D, all activities initiated under the Regulatory |
11 | Review Act shall continue and remain in full force and |
12 | effect and may be completed under 2 Pa.C.S. Ch. 3 Subch. |
13 | D. Orders, regulations, rules and decisions which were |
14 | made under the Regulatory Review Act and which are in |
15 | effect on the effective date of section 3(iv) of this act |
16 | shall remain in full force and effect until revoked, |
17 | vacated or modified under 2 Pa.C.S. Ch. 3 Subch. D. |
18 | Contracts, obligations and collective bargaining |
19 | agreements entered into under the Regulatory Review Act |
20 | are not affected nor impaired by the repeal of the |
21 | Regulatory Review Act. |
22 | (ii) Except as set forth in subparagraph (iii), any |
23 | difference in language between 2 Pa.C.S. Ch. 3 Subch. D |
24 | and the Regulatory Review Act is intended only to conform |
25 | to the style of the Pennsylvania Consolidated Statutes |
26 | and is not intended to change or affect the legislative |
27 | intent, judicial construction or administration and |
28 | implementation of the Regulatory Review Act. |
29 | (iii) (Reserved). |
30 | Section 5. This act shall take effect in 60 days. |
|