reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 301 - GENERAL PROVISIONS › Section 301.7 - Withdrawal of a regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an
				agency withdraws or is deemed to have withdrawn a regulation, the Commission
				and the committees will cease their review of the regulation and will not take
				further action on the regulation.
(b) If the agency withdraws a proposed
				regulation, but subsequently desires to proceed with promulgation, the agency
				shall deliver a new proposed regulation in accordance with §
									305.1 (relating to delivery of a
				proposed regulation).
(c) If the
				agency withdraws a final-form regulation after delivery to the Commission and
				the committees and before the Commission's public meeting, but subsequently
				desires to proceed with promulgation, the agency may deliver a new final-form
				regulation in accordance with §
									307.2 (relating to delivery of a
				final-form regulation) within 2 years from the close of the public comment
				period.
(d) If the agency desires
				to proceed with promulgation of a withdrawn regulation but does not submit a
				new final-form regulation within 2 years from the close of the public comment
				period, the agency shall deliver a new proposed regulation.
This section cited in 1 Pa. Code §
											307.4 (relating to amending by
					 withdrawal the regulation or tolling the review
					 period).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 301 - GENERAL PROVISIONS › Section 301.8 - Agency contact person

Current through Register Vol. 54, No. 28, July 13, 2024
An agency may notify the Commission, in writing, of the name,
				  title, address, e-mail address, telephone number and facsimile number of a
				  single agency representative or office designated to receive comments, orders,
				  embargoed material and other documents relating to a regulation, which the
				  Commission delivers by facsimile or e-mail to the agency. If the agency does
				  not designate a representative, the Commission will deliver documents to the
				  agency head.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 301 - GENERAL PROVISIONS › Section 301.9 - Procedure for public hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Commission may schedule public hearings on any matter before the Commission,
				including those that are related to a proposed, a final or an existing
				regulation under review.
(b) Notice
				of a public hearing will be published in accordance with the Sunshine Act. The
				notice will include the date and time of the public hearing, the subject matter
				of the public hearing and the address where the public hearing will take
				place.
(c) The chairperson will
				designate a hearing officer to preside at the public hearing. The hearing
				officer will be charged with preserving order during the public hearing. The
				hearing officer may determine the agenda, the order of commentators and the
				time allotted to each commentator.
(d) When participating at a public hearing,
				commentators shall bring ten written copies of their comments and supporting
				documents to the hearing.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 303 - MEETINGS OF THE COMMISSION › Section 303.1 - Notice of Commission public meetings; participation; minutes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
				will give notice of public meetings in accordance with the Sunshine
				Act.
(b) The Commission will
				deliver notice of a public meeting to the committees and agencies whose
				regulations are on the agenda at least 10 calendar days prior to the meeting
				date.
(c) Public meetings are
				conducted in compliance with the Sunshine Act.
(d) The Commission will make minutes of
				public meetings available by doing one or more of the following:
(1) Posting on the Commission's web
				site.
(2) Sending by means of
				e-mail or First Class Mail upon request.
(3) Allowing inspection in the Commission
				office during normal business hours upon request.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 303 - MEETINGS OF THE COMMISSION › Section 303.2 - Blackout period

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During the
				blackout period, Commissioners and Commission staff may contact or request
				information from any person regarding the substance of a regulation on the
				Commission's public meeting agenda.
(b) During the blackout period, the
				Commission will continue to accept comments submitted by agency staff, a member
				or staff person of the General Assembly, or a person submitting information at
				the request of the Commission. Comments submitted by other persons will be
				embargoed.
(c) Upon receipt, the
				Commission staff will deliver embargoed material and comments received during
				the blackout period to the agency and the committees.
(d) Upon the call to order of the public
				meeting, embargoed material will be distributed to the Commissioners.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 303 - MEETINGS OF THE COMMISSION › Section 303.3 - Quorum

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For purposes of
				conducting official business, three Commissioners shall be physically present
				to constitute a quorum.
(b) Once a
				quorum is established, Commissioners who subsequently leave the meeting may
				continue to participate in meetings and vote on regulations by teleconference
				or proxy.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 303 - MEETINGS OF THE COMMISSION › Section 303.4 - Proxy voting

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				Commissioner may vote by proxy on any issue before the Commission, including
				the approval or disapproval of a regulation, if the following conditions are
				met:
(1) Except as set forth in subsection
				(b), the proxy shall be in writing, signed by the Commissioner and addressed to
				the Chairperson at the Commission's office address.
(2) The Commissioner will deliver the proxy
				to the Commission, prior to the vote.
(3) The Commissioner will deliver a separate
				proxy for each vote.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 305 - PROCEDURES FOR DELIVERY AND REVIEW OF PROPOSED REGULATIONS › Section 305.1 - Delivery of a proposed regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The agency shall deliver a proposed regulation to the LRB, the committees and
				the Commission on the same date.
(b) The agency shall include the following
				material with the regulation:
(1) A completed
				regulatory analysis form.
(2) A
				face sheet signed by the agency head, the Office of Attorney General and the
				Office of General Counsel or the chief counsel of an independent
				agency.
(3) A transmittal sheet
				signed by the committees and the LRB.
(4) The preamble, which must include the
				information in the definition of "preamble" in §
										301.1 (relating to
				definitions).
(5) Instructions for
				submitting public comments to the agency.
(6) The text of the proposed
				regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 305 - PROCEDURES FOR DELIVERY AND REVIEW OF PROPOSED REGULATIONS › Section 305.1a - Formatting the text of a proposed regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Proposed amendments to an existing
				regulation shall be illustrated as follows:
(1) Brackets to indicate language proposed to
				be deleted.
(2) Underscoring or
				bolding to indicate new language proposed to be added.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 305 - PROCEDURES FOR DELIVERY AND REVIEW OF PROPOSED REGULATIONS › Section 305.2 - Delivery of comments and information by an agency; notification to commentators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) From
				the date of delivery of the proposed regulation until the date the Commission
				takes final action on the regulation, the agency shall deliver to the
				Commission and committees copies of the following material relating to the
				regulation:
(1) If a comment indicates that a
				copy has been sent to the Commission and the agency verifies that the comment
				was delivered to the Commission, the agency is not required to deliver an
				additional copy of that comment.
(2) Reports from advisory groups which the
				Commission or a committee has requested.
(3) Public notices or announcements regarding
				solicitation of public comments and information regarding meetings the agency
				has held or will hold which the Commission or a committee has
				requested.
(4) Transcripts of
				public hearings which the Commission or a committee has requested.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 305 - PROCEDURES FOR DELIVERY AND REVIEW OF PROPOSED REGULATIONS › Section 305.3 - Commission comments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within
				30 days after the close of the public comment period, the Commission may
				deliver Commission comments to the agency and the committees. The Commission
				will calculate its review period as beginning on the day after the expiration
				of the public comment period.
(b)
				An agency may extend or reopen the public comment period by delivering notice
				to the Commission and the committees, and publishing a notice in the
Pennsylvania Bulletin
that specifies the close of the extended
				or reopened public comment period.
(c) When an agency extends or reopens the
				public comment period, the following apply:
(1) If the agency extends or reopens the
				public comment period before the Commission review period expires, the
				Commission may have 30 days after the close of the extended or reopened public
				comment period to deliver Commission comments to the agency and the
				committees.
(2) If the agency
				reopens the public comment period after the Commission's review period expires,
				the Commission may have 30 days after the close of the reopened public comment
				period to deliver Commission comments to the agency and the committees. The
				Commission comments, at the Commission's discretion, will either supplement or
				replace the original Commission comments delivered to the agency and the
				committees within the time prescribed in subsection (a). If the Commission does
				not deliver comments within 30 days after the close of the reopened public
				comment period, the original Commission comments delivered to the agency and
				the committees in accordance with subsection (a) will remain the official
				Commission comments.
(3) The 2-year
				period for promulgation under §
										307.1 (relating to two-year period
				for promulgation) will begin on the day after the extended or reopened public
				comment period ends.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 307 - PROCEDURES FOR DELIVERY AND REVIEW OF FINAL REGULATIONS › Section 307.1 - Two-year period for promulgation

Current through Register Vol. 54, No. 28, July 13, 2024
If an agency does not deliver, or withdraws and does not
				  resubmit, a final-form regulation within 2 years of the close of the original,
				  extended or reopened public comment period for the proposed regulation, the
				  agency is deemed to have withdrawn the regulation.
This section cited in 1 Pa. Code §
											305.3 (relating to commission
					 comments); 1 Pa. Code §
											307.4 (relating to amending by
					 withdrawing the regulation or tolling the review period); and 1 Pa. Code §
											311a.5 (relating to delivery of a
					 final regulation after the end of the legislative
					 session).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 307 - PROCEDURES FOR DELIVERY AND REVIEW OF FINAL REGULATIONS › Section 307.2 - Delivery of a final-form regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The agency shall deliver a final-form
				regulation to the committees and the Commission on the same date.
(b) On the same date that the agency submits
				the regulation to the committees and the Commission, the agency shall send, by
				first class mail or e-mail, a notice of submission and a copy of the text of
				the final-form regulation or a copy of all changes to the proposed regulation
				which are incorporated into the final-form regulation, to those commentators
				who requested information on the final-form regulation.
(c) The agency shall include the following
				documents with the regulation:
(1) A
				completed regulatory analysis form relating to the final-form regulation
				updated and revised to correspond with changes made to the proposed
				regulation.
(2) A face sheet signed
				by the agency head and the Office of General Counsel or chief counsel of an
				independent agency.
(3) A
				transmittal sheet signed by the committees.
(4) The agency's response to the comments
				received. This response may be included in the preamble or in a separate
				document submitted with the regulation.
(5) The preamble, which must include a
				summary of the changes made to the proposed regulation and the information in
				the definition of "preamble" in §
										301.1 (relating to
				definitions).
(6) The names and
				addresses of commentators who requested additional information on the
				final-form regulation or a statement that no commentator requested additional
				information.
(7) The text of the
				final-form regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 307 - PROCEDURES FOR DELIVERY AND REVIEW OF FINAL REGULATIONS › Section 307.3 - Delivery of a final-omitted regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The agency shall deliver a final-omitted
				regulation to the committees, the Attorney General and the Commission on the
				same date.
(b) The agency shall
				include the following documents with the regulation:
(1) A completed regulatory analysis
				form.
(2) A face sheet signed by
				the agency head and the Office of General Counsel or chief counsel of an
				independent agency.
(3) A
				transmittal sheet signed by the committees and the Office of Attorney
				General.
(4) The preamble, which
				must include the information in the definition of "preamble" in §
										301.1 (relating to
				definitions).
(5) The text of the
				final-omitted regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 307 - PROCEDURES FOR DELIVERY AND REVIEW OF FINAL REGULATIONS › Section 307.3a - Formatting the text of a final regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When preparing and formatting the text of
				the final-form regulation, the agency shall use as its source document the
				proposed regulation as published by the LRB in the
Pennsylvania
				Bulletin
.
(b) If the
				proposed regulation was published in the format prescribed in §
									305.1a(a)
				(relating to formatting the text of a proposed regulation) as an amendment to
				an existing regulation, amendments in the final-form regulation must be
				illustrated as follows:
(1) Strikeout type to
				indicate language in the existing or proposed regulation which is being
				deleted.
(2) Capital letters to
				indicate new language which is being added to the final-form regulation which
				was not included in the existing or proposed regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 307 - PROCEDURES FOR DELIVERY AND REVIEW OF FINAL REGULATIONS › Section 307.4 - Amending by withdrawing the regulation or tolling the review period

Current through Register Vol. 54, No. 28, July 13, 2024
After delivery of a final regulation to the Commission and
				  committees, an agency may revise the regulation only if it does either of the
				  following:
(1) Withdraws the final
				regulation in compliance with §
									301.7 (relating to withdrawal of a
				regulation) and later submits the regulation with revisions. A revised
				final-form regulation shall be submitted within the 2-year time period under
				section 5.1(a) of the act (71 P. S. §
										745.5a(a)) and §§
									305.3,
				307.1 and
				307.2 (relating to Commission
				comments; two-year period for promulgation; and delivery of a final-form
				regulation). A revised final-omitted regulation shall be submitted under §
									307.3 (relating to delivery of a
				final-omitted regulation).
(2)
				Tolls the review period in compliance with section
				5.1(g) of the act
				and §
									307.5 (relating to tolling the
				review period).
This section cited in 1 Pa. Code §
											313.2 (relating to review of an
					 emergency certified final
					 regulation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 307 - PROCEDURES FOR DELIVERY AND REVIEW OF FINAL REGULATIONS › Section 307.5 - Tolling the review period

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				agency may toll the review period for up to 30 days only to consider revisions
				recommended by a committee or the Commission in compliance with section 5.1(g)
				of the act (71 P. S. §
										745.5a(g)).
(b) If the agency decides to toll the review
				period, the agency shall notify the committees and the Commission under section
				5.1(g)(1) of the
				act. The notice from the agency must be in writing and include:
(1) A citation to each section the agency is
				considering revising.
(2) A
				description of the revisions the agency is considering.
(3) An explanation of how the revisions the
				agency is considering will respond to the Commission's or committee's
				recommendations.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 307 - PROCEDURES FOR DELIVERY AND REVIEW OF FINAL REGULATIONS › Section 307.6 - Time period for Commission review of a final regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may not act on a final
				regulation until the expiration of the time for committee review under section
				5.1(j.1) of the act (71 P. S. §
										745.5a(j.1)).
(b) The Commission may have until its next
				scheduled meeting which occurs no less than 30 days after delivery of the final
				regulation to take action on the regulation. The Commission will calculate its
				review period as beginning the day after the delivery of the regulation to the
				Commission and the committees.
(c)
				If the Commission is unable to approve or disapprove a final regulation because
				of the lack of a quorum, its review period will be extended for 30 days or
				until the next meeting at which a quorum is present, whichever occurs
				first.
(d) To determine whether the
				final regulation meets the regulatory review criteria, the Commission will
				consider the following:
(1) Comments from the
				committees.
(2) Comments from
				members of the General Assembly.
(3) Pertinent opinions issued by Pennsylvania
				and Federal courts.
(4) Comments
				from the public.
(5) The agency's
				response to comments and Commission comments.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 309 - ACTION ON REGULATIONS › Section 309.1 - Commission and committee action on a final regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may approve or disapprove
				a final regulation by majority vote of members participating.
(b) If a committee does not take action on a
				regulation under section 5.1(j.2) or (j.3) of the act (71 P.S. §
										745.5a(j.2) and (j.3)), the committee is
				deemed to have approved the regulation.
(c) The Commission is deemed to have approved
				a final-form regulation under section 5(g) of the act (71 P.S. §
										745.5(g)) and section
				5.1(e) of the act
				if one of the following conditions applies:
(1) All of the following events occur:
(i) The Commission has not issued comments
				relating to any portion of the regulation as proposed within the time provided
				for its review.
(ii) The agency has
				not made changes in the final-form regulation which were not included in the
				proposed regulation.
(iii) A
				committee has not conveyed to the Commission or agency any recommendations,
				comments or objections after the expiration of the Commission comment period
				under section 5(g) of the act but within the time frame for committee review
				under section 5.1(j.2) of the act.
(iv) The agency has complied with the act and
				this part.
(v) The Commission has a
				public meeting no less than 30 days after receipt of the final-form
				regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 309 - ACTION ON REGULATIONS › Section 309.2 - Committee disapproval or notification of intent to review/Commission approval of a final regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				committee may notify the Commission and the agency that it has disapproved a
				regulation or that it intends to review the regulation, in accordance with
				section 5.1(j.2) of the act (71 P. S. §
										745.5a(j.2)).
(b) If a committee disapproves a regulation,
				or notifies the Commission and the agency that it intends to review the
				regulation, the agency may not promulgate the regulation until the time for
				reporting and adopting a concurrent resolution expires in accordance with
				section 5.1(j.2) and (j.3)
				and section 7(d) of the act (71 P. S. §
										745.7(d)).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311 - PROCEDURES FOR REVIEW OF DISAPPROVED FINAL REGULATIONS › Section 311.1 - Commission disapproval of a final regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Commission disapproves a final
				regulation, the Commission will issue a disapproval order specifying the
				regulatory review criteria that the regulation has not met.
(b) The Commission will deliver its
				disapproval order to the LRB, the committees, the agency and the Attorney
				General. The Commission will notify commentators listed by the agency as having
				requested information on the final regulation by delivery of the disapproval
				order or by publication of a legal notice under 45 Pa.C.S. Chapter 3 (relating
				to Newspaper Advertising Act) or on the web site.
(c) The Commission's disapproval order shall
				continue the bar on the promulgation of the regulation until the review
				provided under section 7(d) of the act (71 P.S. §
										745.7(d)) and this chapter
				is completed.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311 - PROCEDURES FOR REVIEW OF DISAPPROVED FINAL REGULATIONS › Section 311.2 - Response by an agency to Commission disapproval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of the Commission's
				disapproval order, the agency may select one of the following three options:
(1) To proceed with promulgation of the
				regulation without revisions, under §
										311.3 (relating to report for a
				disapproved regulation submitted without revisions or modifications).
(2) To revise the regulation in order to
				respond to the Commission's objections, under §
										311.4 (relating to report for a
				disapproved regulation submitted with revisions).
(3) To withdraw the regulation, under
				subsection (b).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311 - PROCEDURES FOR REVIEW OF DISAPPROVED FINAL REGULATIONS › Section 311.3 - Report for a disapproved regulation submitted without revisions or modifications

Current through Register Vol. 54, No. 28, July 13, 2024
If the agency chooses to proceed with promulgation of the
				  regulation without revision under §
									311.2(a)(1)
				  (relating to response by an agency to Commission disapproval), the report must
				  contain the following:
(1) The final
				regulation.
(2) The Commission's
				disapproval order.
(3) The agency's
				response to the Commission's disapproval.
(4) A signed transmittal sheet indicating the
				report was delivered to the committees on the same date on which it was
				delivered to the Commission.
This section cited in 1 Pa. Code §
											311.2 (relating to response by an
					 agency to Commission disapproval); and 1 Pa. Code §
											311a.7 (relating to delivery of the
					 report for subsequent review of a disapproved
					 regulation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311 - PROCEDURES FOR REVIEW OF DISAPPROVED FINAL REGULATIONS › Section 311.4 - Report for a disapproved regulation submitted with revisions

Current through Register Vol. 54, No. 28, July 13, 2024
If the agency chooses to revise or modify the final
				  regulation under §
									311.2(a)(2)
				  (relating to response by an agency to Commission disapproval), the report must
				  contain the following:
(1) A completed
				regulatory analysis form.
(2) The
				revised final regulation, formatted in accordance with §
									307.3a (relating to formatting the
				text of a final regulation).
(3)
				The Commission's disapproval order.
(4) A detailed explanation of how the
				revisions respond to the Commission's disapproval order.
(5) A signed transmittal sheet indicating
				that the report was delivered to the committees on the same day on which it was
				delivered to the Commission.
This section cited in 1 Pa. Code §
											311.2 (relating to response by an
					 agency to Commission disapproval); and 1 Pa. Code §
											311a.7 (relating to delivery of the
					 report for subsequent review of a disapproved
					 regulation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311 - PROCEDURES FOR REVIEW OF DISAPPROVED FINAL REGULATIONS › Section 311.5 - Subsequent review of disapproved regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may have until its next
				scheduled meeting which occurs no less than 15 days from receipt of the report
				to approve or disapprove the report. The Commission will calculate its review
				period as beginning the day after receipt of the report.
(b) If the Commission does not disapprove the
				report, the Commission is deemed to have approved the report.
(c) Upon receipt of the Commission's order
				approving or disapproving the report, or at the expiration of the Commission's
				review period if the Commission does not act on the report or deliver its order
				within the time prescribed by section 7(c.1) of the act (71 P.S. §
										745.7(c.1)), the committees will have 14 days
				to review the report in accordance with section 7(d) of the act.
(d) If, by the expiration of the 14-day
				period, neither committee reports a concurrent resolution, the committees will
				be deemed to have approved the report.
(e) If the committees and the Commission
				approve or are deemed to have approved the report, the agency may proceed with
				promulgation of the revised final regulation.
(f) If a concurrent resolution is reported,
				the bar on the promulgation of the final regulation shall continue until the
				review provided under section 7(d) of the act is completed.
(g) If a concurrent resolution is adopted by
				the House and the Senate and the Governor approves or is deemed to have
				approved the resolution, or if the Governor's veto of the resolution is
				overridden, in accordance with section 7(d) of the act the agency shall be
				permanently barred from promulgating the regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311a - DELIVERY OF REGULATIONS, COMMENTS, REPORTS AND ORDERS BEFORE AND AFTER THE END OF THE LEGISLATIVE SESSION › Section 311a.1 - Delivery of a proposed regulation after the end of the legislative session

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agency may
				deliver a proposed regulation and required material to the Commission and the
				LRB after the end of the legislative session. The public comment period will
				begin upon publication of the proposed regulation in the
Pennsylvania
				Bulletin
. The Commission may submit comments within the time frame in
				§
									305.3 (relating to Commission
				comments).
(b) An agency may not
				deliver the proposed regulation and required material to the committees until
				the fourth Monday in January of the next year or until both committees have
				been designated in the next legislative session, whichever is later.
(c) If the agency does not deliver the
				proposed regulation and required material to the committees on the fourth
				Monday in January or by the second Monday after the publication of both
				committee designations in the
Pennsylvania Bulletin
, whichever
				is later, the regulation shall be deemed withdrawn. If the agency wants to
				promulgate the regulation after the regulation has been deemed withdrawn, the
				agency shall submit a new proposed regulation to the Commission, committees and
				the LRB in accordance with section 5(a) of the act (71 P.S. §
										745.5(a)) and §
									305.1 (relating to delivery of a
				proposed regulation).
(d) The
				agency is not required to redeliver the regulation to the Commission when it
				delivers the regulation to the committees.
(e) The agency shall deliver the transmittal
				sheet signed by the committees to the Commission on the same day that it
				delivers the regulation to the committees.
(f) The agency may not make any changes in
				the regulation after delivery to the Commission. If the agency wants to amend
				the proposed regulation prior to delivery to the committees, the agency shall
				withdraw the regulation from the Commission and submit a new proposed
				regulation to the Commission, committees and the LRB in accordance with section
				5(a) of the act and § 305.1.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311a - DELIVERY OF REGULATIONS, COMMENTS, REPORTS AND ORDERS BEFORE AND AFTER THE END OF THE LEGISLATIVE SESSION › Section 311a.2 - Delivery of public comments after the end of the legislative session

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The agency
				shall deliver public comments to the Commission in accordance with §
									305.2 (relating to delivery of
				comments and information by an agency; notification to commentators).
(b) The agency may not deliver public
				comments to the committees which are received after the end of the legislative
				session until the fourth Monday in January of the next year or until both
				committees have been designated in the next legislative session, whichever is
				later.
(c) If the agency does not
				deliver public comments received after the end of the legislative session to
				the committees on the fourth Monday in January or by the second Monday after
				the publication of both committee designations in the
Pennsylvania
				Bulletin
, whichever is later, the agency may be in violation of the
				act and this part, under section 5.2(b)(6) of the act (71 P.S. §
										745.5b(b)(6)).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311a - DELIVERY OF REGULATIONS, COMMENTS, REPORTS AND ORDERS BEFORE AND AFTER THE END OF THE LEGISLATIVE SESSION › Section 311a.3 - Delivery of Commission comments after the end of the legislative session

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
				will deliver comments to the agency issued after the end of the legislative
				session in accordance with section 5(g) of the act (71 P.S. §
										745.5(g)).
(b) The Commission may not deliver Commission
				comments issued after the end of the legislative session to the committees
				until the fourth Monday in January of the next year or until both committees
				have been designated in the next legislative session, whichever is
				later.
(c) The Commission will
				deliver Commission comments issued after the end of the legislative session to
				the committees on the fourth Monday in January or by the second Monday after
				the publication of both committee designations in the
Pennsylvania
				Bulletin
, whichever is later.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311a - DELIVERY OF REGULATIONS, COMMENTS, REPORTS AND ORDERS BEFORE AND AFTER THE END OF THE LEGISLATIVE SESSION › Section 311a.4 - Delivery of a final regulation within 20 days before the end of the legislative session

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agency
				may deliver a final regulation to the Commission and the committees up to the
				end of the legislative session.
(b)
				If the end of the legislative session occurs before the committees have had at
				least 20 days to review the regulation, the agency shall redeliver the final
				regulation and required material to the Commission and committees in the next
				legislative session.
(c) The agency
				may not redeliver the final regulation and required material to the Commission
				and the committees until the fourth Monday in January of the next year or until
				both committees have been designated in the next legislative session, whichever
				is later.
(d) If the agency does
				not redeliver the final regulation on the fourth Monday in January or by the
				second Monday after the publication of both committee designations in the
Pennsylvania Bulletin
, whichever is later, the regulation
				shall be deemed withdrawn. If the agency wants to promulgate the regulation
				after the regulation has been deemed withdrawn, the agency may submit one of
				the following:
(1) A new proposed regulation
				to the Commission, committees and the LRB in accordance with section 5(a) of
				the act (71 P.S. §
											745.5(a)) and §
										305.1 (relating to delivery of a
				proposed regulation).
(2) A new
				final-form regulation to the Commission and the committees in accordance with
				section 5.1(a) of the act (71 P.S. §
											745.5a(a)) and §
										307.2 (relating to delivery of a
				final-form regulation).
(3) A
				final-omitted regulation to the Commission, the committees and the Attorney
				General in accordance with section
				5.1(c) of the act
				and §
										307.3 (relating to delivery of a
				final-omitted regulation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311a - DELIVERY OF REGULATIONS, COMMENTS, REPORTS AND ORDERS BEFORE AND AFTER THE END OF THE LEGISLATIVE SESSION › Section 311a.5 - Delivery of a final regulation after the end of the legislative session

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agency may
				not deliver a final regulation and required material to the Commission and the
				committees after the end of the legislative session.
(b) The agency may not deliver the final
				regulation and required material to the Commission and the committees until the
				fourth Monday in January of the next year or until both committees have been
				designated in the next legislative session, whichever is later.
(c) If the 2-year period for promulgation of
				a final-form regulation under section 5.1(a) of the act (71 P.S. §
										745.5(a)) and §
									307.1 (relating to two-year period
				for promulgation) expires after the end of the legislative session, the agency
				shall deliver the final-form regulation and required material to the Commission
				and the committees on the fourth Monday in January or by the second Monday
				after publication of both committee designations in the
Pennsylvania
				Bulletin
, whichever is later. If the agency does not deliver the
				final-form regulation and required material by this date, the regulation will
				be deemed withdrawn. If the agency wants to promulgate the regulation after the
				regulation has been deemed withdrawn, the agency may submit one of the
				following:
(1) A new proposed regulation to
				the Commission, committees and the LRB in accordance with section 5(a) of the
				act (71 P.S. §
											745.5(a)) and §
										305.1 (relating to delivery of a
				proposed regulation).
(2) A
				final-omitted regulation to the Commission, the committees and the Attorney
				General in accordance with section
				5.1(c) of the act
				and §
										307.3 (relating to delivery of a
				final-omitted regulation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311a - DELIVERY OF REGULATIONS, COMMENTS, REPORTS AND ORDERS BEFORE AND AFTER THE END OF THE LEGISLATIVE SESSION › Section 311a.6 - Delivery of notice of intent to toll the review period after the end of the legislative session

Current through Register Vol. 54, No. 28, July 13, 2024
After the end of the legislative session, an agency may not
				  deliver notice of its intention to toll the review period until the committees
				  resume their review in accordance with section 5.1(j.1) of the act
				  (71
				  P. S. §
										745.5a(j.1)).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311a - DELIVERY OF REGULATIONS, COMMENTS, REPORTS AND ORDERS BEFORE AND AFTER THE END OF THE LEGISLATIVE SESSION › Section 311a.7 - Delivery of the report for subsequent review of a disapproved regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agency may
				not deliver its report and required material under section 7(b) or (c) of the
				act (71 P.S. §
										745.7(b) and
				(c)) and §
									311.3 or §
									311.4 (relating to report for a
				disapproved regulation submitted without revisions or modifications; and report
				for a disapproved regulation submitted with revisions) after the end of the
				legislative session.
(b) The agency
				may not deliver its report and required material until the fourth Monday in
				January of the next year or until both committees have been designated in the
				next legislative session, whichever is later.
(c) If the agency does not deliver its report
				and required material on the fourth Monday in January or by the second Monday
				after both committee designations have been published in the
Pennsylvania Bulletin
, whichever is later, the disapproved
				final regulation will be deemed withdrawn. If the agency wants to promulgate
				the regulation after the regulation has been deemed withdrawn, the agency shall
				submit either a new proposed regulation to the Commission, committees and the
				LRB in accordance with section 5(a) of the act (71 P.S. §
										745.5(a)) and §
									305.1 (relating to delivery of a
				proposed regulation), a new final-form regulation to the Commission and the
				committees in accordance with section 5.1(a) of the act (71 P.S. §
										745.5a(a)) and §
									307.2 (relating to delivery of a
				final-form regulation), or a final-omitted regulation to the Commission, the
				committees and the Attorney General in accordance with section
				5.1(c) of the act
				and §
									307.3 (relating to delivery of a
				final-omitted regulation).
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 311a - DELIVERY OF REGULATIONS, COMMENTS, REPORTS AND ORDERS BEFORE AND AFTER THE END OF THE LEGISLATIVE SESSION › Section 311a.8 - Notification of Commission action on or deemed approval of a regulation or report after the end of the legislative session

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission may not notify the
				committees of its approval, disapproval or deemed approval of a regulation or
				report after the end of the legislative session.
(b) The Commission may not notify the
				committees of its approval, disapproval or deemed approval of a regulation or
				report until the fourth Monday in January of the next year or until both
				committees have been designated in the next legislative session, whichever is
				later.
(c) If the Commission does
				not deliver its order disapproving the agency's report to the committees by the
				second Monday after both committee designations have been published in the
Pennsylvania Bulletin
, the Commission will be deemed to have
				approved the agency's report and final regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 313 - EMERGENCY CERTIFIED REGULATIONS › Section 313.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agency may
				deliver a final regulation as an emergency certified regulation, under section
				6(d) of the act (71 P. S. §
										745.6(d)), in either of the
				following situations:
(1) The Attorney
				General certifies that the regulation is required to satisfy the order of a
				State or Federal court, or to implement the provisions of a Federal statute or
				regulation.
(2) The Governor
				certifies that the regulation is required to avoid an emergency which may
				threaten the public health, safety or welfare, cause a budget deficit or create
				the need for supplemental or deficiency appropriations of greater than $1
				million.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 313 - EMERGENCY CERTIFIED REGULATIONS › Section 313.2 - Review of an emergency certified final regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An emergency certified final regulation
				shall take effect immediately upon publication in the
Pennsylvania
				Bulletin,
or on the date specified in the agency's adoption
				order.
(b) Review of an emergency
				certified regulation shall be in accordance with the procedures of Chapters
				307, 309, 311 and 311a. If the emergency certified regulation is disapproved,
				the regulation shall be rescinded after 120 days or upon final disapproval
				under section 7(d) of the act (71 P. S. §
										745.7(d)), whichever occurs
				later.
(c) Except as provided in
				section 5.1(g) of the act (71 P. S. §
										745.5a(g)) and §§
									307.4 and
				307.5 (relating to tolling the
				review period; and procedures for tolling), an agency may not make changes to
				an emergency certified regulation after the agency delivers the regulation to
				the Commission and the committees.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 315 - EXISTING REGULATIONS AND PUBLISHED OR UNPUBLISHED DOCUMENTS › Section 315.1 - Review of an existing regulation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The Commission, on its own motion or at the request of any person or member of
				the General Assembly, may review an existing regulation which has been in
				effect for at least 3 years, under section 8.1 of the act (71 P.S. §
										745.8a). If a committee of the Senate or
				House of Representatives requests the review, the Commission will assign it
				high priority.
(b) Upon delivery of
				a request to review an existing regulation, the Commission will initiate a
				preliminary review to determine whether further review is warranted.
(c) If the Commission determines that further
				review is not warranted, the matter will be closed. The Commission will notify
				the person or entity requesting the review of the existing regulation that no
				further action will be taken.
(d)
				If it is determined that further review is warranted, the Commission will
				notify the agency of the issues that have been raised and request a written
				response.
(e) After review of the
				agency's response and other relevant material, the Commission will issue a
				report setting forth its findings, conclusions or recommendations.
(f) The Commission will deliver its report to
				the agency, the committees, the Governor and the Attorney General. The
				Commission's report may include recommendations for amendment of the statute
				that provides statutory authority for the regulation.
Pennsylvania Code › Title 1 - GENERAL PROVISIONS › Part III - Independent Regulatory Review Commission › Chapter 315 - EXISTING REGULATIONS AND PUBLISHED OR UNPUBLISHED DOCUMENTS › Section 315.2 - Review of a published or an unpublished document

Current through Register Vol. 54, No. 28, July 13, 2024
If the Commission finds that a published or unpublished
				  document should be promulgated as a regulation, the Commission will present its
				  finding to the Joint House Committee on Documents. The Joint House Committee on
				  Documents shall determine whether the document should be promulgated as a
				  regulation, and may order the agency to promulgate the document as a regulation
				  within 180 days, or to desist from using the document in its
				  business.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter A - DIRECTIVES MANAGEMENT SYSTEM › Section 1.1 - Establishment

Current through Register Vol. 54, No. 28, July 13, 2024
The Directives Management System, established in 1972, is
					 designed to provide comprehensive statements of policy and procedure on matters
					 that affect agencies and employees under the Governor's
					 jurisdiction.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 1 - AGENCY OPERATION AND ORGANIZATION › Subchapter A - DIRECTIVES MANAGEMENT SYSTEM › Section 1.2 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
All issuances from the Governor's Office and from agencies
					 under the Governor's jurisdiction, except proclamations and press releases,
					 that are intended for distribution to two or more agencies are to be issued
					 through the Directives Management System in one of four types of
					 publications.
(1) Executive Orders,
				  signed by the Governor, announce broad policies, programs, and responsibilities
				  that are relatively permanent.
(2)
				  Management Directives announce detailed policies, programs, responsibilities,
				  and procedures that are relatively permanent. Management Directives are to be
				  signed by the Governor, Lieutenant Governor, Secretary of the Budget, Secretary
				  of Administration, or the head of any department or independent board,
				  commission or council under the Governor's jurisdiction.
(3) Administrative Circulars contain either
				  informational material or instructions that are one-time or temporary in
				  nature. Administrative Circulars are to be signed the same as Management
				  Directives.
(4) Procedural
				  issuances contain detailed information and guidelines for relatively
				  restricted, well-defined operations or sets of operations. Procedural issuances
				  may be manuals, handbooks, catalogs, guides or similar publications. Manuals
				  are to be signed the same as Management Directives.
This section cited in 4 Pa. Code §
												1.4 (relating to index of
						issuances).