committee has not notified the commission and the agency that
it has disapproved the regulation or that it intends to
review the regulation, the agency may promulgate the
regulation. If the commission approves a regulation and a
committee has notified the commission and the agency that it
has disapproved the regulation or that it intends to review
the regulation, the agency may not promulgate the regulation
for 14 days or 6 legislative days, whichever is longer, after
the committee has received the commission's approval order.
(3) During [this 14-day period] the period established
under paragraph (2), the committee may take action on the
regulation pursuant to section 7(d). If at the expiration of
the [14-day] period established under paragraph (2) the
committee has not taken action on the regulation pursuant to
section 7(d), the agency may promulgate the regulation.
(j.3) If the committees are prevented from completing their
[14-day] review during the period established under subsection
(j.2)(2) because of adjournment sine die or expiration of the
legislative session in an even-numbered year, their review of
the final-form or final-omitted regulation shall automatically
be suspended until the fourth Monday in January of the next
year. On that date, the agency shall resubmit the final-form or
final-omitted regulation and required material to the committees
and the commission. If either committee has not been designated
by the fourth Monday in January, the agency may not deliver the
final-form or final-omitted regulation and required material to
the committees and the commission until both committees are
designated. If the agency does not deliver the final-form or
final-omitted regulation and required material to the commission
and the committees by the second Monday after the date by which
both committee designations have been published in the
Pennsylvania Bulletin, the agency shall be deemed to have
withdrawn the final-form or final-omitted regulation. In
determining the remaining time for committee review, the number
of days in which the committees have had the final-form or the
final-omitted regulation under review as of the adjournment sine
die or expiration of the prior session shall be subtracted from
the [14-day] committee review period established under
subsection (j.2)(2), but the committee review period in the next
succeeding legislative session shall not be less than ten days.
An agency may not submit a final-form or final-omitted
regulation to the commission or the committees for review during
the period from the adjournment sine die or expiration of the
legislative session of an even-numbered year to the date by
which both committees have been designated in the next
succeeding legislative session. This subsection shall not apply
to emergency-certified regulations adopted pursuant to the
provisions of section 6(d).
* * *
Amend Bill, page 3, line 7, by striking out "3" and inserting
2018/90BIL/HB1237A05683 - 3 -
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