Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 301 - GENERAL PROVISIONS › Section 301.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Act
-The Regulatory Review Act (71 P.S.
				  §§
										745.1- 745.14).
Agency
-As defined in section 3 of the act
				  (71
				  P.S. §
										745.3).
Blackout period
-The 48-hour period
				  immediately preceding the call to order of the public meeting.
CDL-Commonwealth Documents Law
-The act of
				  July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§
										1102 and
				  1201-1208) and 45 Pa.C.S.
				  Part II (relating to publication and effectiveness of Commonwealth
				  documents).
Comments
-Written statements delivered to the
				  agency or Commission supporting, opposing or recommending changes to a final,
				  proposed or existing regulation which is subject to review by the Commission.
				  Comments do not include previously published or copyrighted material.
Commission comments
-Objections,
				  recommendations, statements or questions relating to a proposed regulation
				  issued by the Commission in accordance with section 5(g) of the act
				  (71
				  P.S. §
										745.5(g)).
Commission
-The Independent Regulatory Review
				  Commission.
Committee
-As defined in section 3 of the
				  act.
Committee action
-Approval or disapproval of
				  a regulation, or notice that the committee intends to review the regulation
				  under section 5.1 (j.2) of the act (71 P.S. §
										745.5.a(j.2)); or reporting of a concurrent
				  resolution under section 7(d) of the act (71 P.S. §
										745.7(d)), within the time
				  allotted by the act.
Commonwealth Attorneys Act
-The act of
				  October 15, 1980 (P.L. 950, No. 164) (71 P.S. §§
										732-101-732-506).
Deemed approved by the Commission
-The
				  approval of a regulation by the Commission by operation of law when the
				  Commission has not approved or disapproved the regulation, in accordance with
				  section 5.1(e) of the act.
				  The approval of an agency report by operation of law when the Commission has
				  not approved or disapproved the agency report, in accordance with section
				  7(c.1) of the act.
Deemed approved by a committee
-The approval
				  of a regulation by a committee by operation of law when the committee has not
				  taken action on a regulation under section 5.1(j.2) or 7(d) of the act.
Delivery
-
(i) The deposit of regulations,
				correspondence or other documents with the Commission or committees through
				postal or other delivery service, hand delivery, email or facsimile.
(ii) The deposit of orders, Commission
				comments, public comments, correspondence or other documents with agencies,
				committees or persons through postal or other delivery service, hand delivery,
				e-mail or facsimile.
Embargoed material
-
(i) Comments pertaining to a regulation on
				the agenda for the Commission's public meeting delivered during the blackout
				period by anyone, except comments from the agency or members of the General
				Assembly and their staffs.
(ii) The
				term does not include comments submitted by any person at the request of the
				Commission.
End of the legislative session
-The
				  adjournment sine die or the expiration of the regular legislative session in an
				  even-numbered year.
Existing regulation
-An enforceable
				  regulation codified in the
Pennsylvania Code
.
Face sheet
-A form accompanying a regulation
				  for filing documents with the LRB, completed in accordance with the regulations
				  of the Joint House Committee on Documents. See 1 Pa. Code §
									13.12 (relating to requirements as
				  to form and size).
Final regulation
-A final-form or
				  final-omitted regulation.
Final-form regulation
-As defined in section
				  3 of the act.
Final-omitted regulation
-As defined in
				  section 3 of the act.
Form letters
-Letters which contain verbatim
				  text.
LRB
-The Legislative Reference Bureau of the
				  Commonwealth.
Order
-The statement of the Commission's
				  findings and action on a final regulation, which is not subject to
				  appeal.
Preamble
-A part of the regulatory package
				  that provides information about the following:
(i) A proposed regulation that includes the
				effective date, statutory authority, purpose and explanation of the regulation,
				a description of the amendments to the regulation, fiscal impact, contact
				person and details regarding the public comment period.
(ii) A final regulation that includes the
				effective date, statutory authority, purpose and explanation of the regulation,
				a description of any amendments made from the proposed stage, fiscal impact,
				contact person and a response to all comments received, unless that response is
				provided in a separate document.
(iii) A final-omitted regulation that
				includes the effective date, statutory authority, purpose and explanation of
				the regulation, legal authority for omitting the proposed stage, a description
				of any amendments to the regulation, fiscal impact and contact
				person.
Promulgate
-As defined in section 3 of the
				  act.
Proposed regulation
-As defined in section 3
				  of the act.
Public meeting
-The scheduled meeting of the
				  Commission conducted in accordance with the Sunshine Act.
Regulation
-As defined in section 3 of the
				  act.
Regulatory analysis form
-The document
				  accompanying a regulation that contains the information required under section
				  5(a) of the act.
Regulatory review criteria
-The criteria
				  delineated in section 5.2(a) and (b) of the act.
Sunshine Act
-65 Pa.C.S. §§
				  701-716.
Transmittal sheet
-The form accompanying a
				  regulation which lists the regulation number, the title of the regulation, the
				  agency promulgating the regulation, the type of regulation, the date of
				  delivery and the signatures of the persons receiving the regulation on behalf
				  of the committees, the Commission, the Attorney General (for proposed and
				  final-omitted regulations) and the LRB (for proposed regulations).
Web site
-The Commission's web site at
www.irrc.state.pa.us
.
Withdrawal
-As defined in section 3 of the
				  act.
This section cited in 1 Pa. Code §
											305.1 (relating to delivery of a
					 proposed regulation); 1 Pa. Code §
											307.2 (relating to delivery of a
					 final-form regulation); and 1 Pa. Code §
											307.3 (relating to delivery of a
					 final-omitted regulation).