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INDEPENDENT REGULATORY REVIEW COMMISSION

Action Taken by the Commission

[46 Pa.B. 7603]
[Saturday, December 3, 2016]

 The Independent Regulatory Review Commission met publicly at 10 a.m., Thursday, November 17, 2016, and announced the following:

Regulation Deemed Approved Pursuant to Section 5(g) of the Regulatory Review Act—Effective November 16, 2016

 Pennsylvania Minority Business Development Authority # 4-99: General Provisions (amends 12 Pa. Code §§ 81.111, 81.112, 81.122, 81.124, 81.131, 81.143 and 81.144)

Action Taken—Regulation Approved:

 State Real Estate Commission # 16A-5623: Seller Property Disclosure Statement (amends 49 Pa. Code Section 35.335a)

 State Board of Nursing # 16A-5125: General Revisions (amends 49 Pa. Code §§ 21.2, 21.3, 21.7, 21.21—21.25, 21.27—21.30a, 21.142, 21.144, 21.149, 21.151—21.156c, 21.701, 21.722, 21.723b and 21.724)

 Insurance Department # 11-254: Annual Financial Reporting Requirements (amends 31 Pa. Code Chapter 147)

 Department of Transportation # 18-461: Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic (amends 67 Pa. Code Chapter 101)

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Approval Order

Public Meeting Held
November 17, 2016

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

State Real Estate Commission
Seller Property Disclosure Statement
Regulation No. 16A-5623 (# 3158)

 On October 11, 2016, the Independent Regulatory Review Commission (Commission) received this regulation from the State Real Estate Commission. This rulemaking amends 49 Pa. Code Section 35.335a. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

 This final-omitted rulemaking amends the Seller Property Disclosure Statement to add sinkholes and storm water facilities to the list of subjects required to be disclosed, as directed by Act 6 of 2015.

 We have determined this regulation is consistent with the statutory authority of the State Real Estate Commission (Section 3, Act 6 of 2015) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

 This regulation is approved.

____

Approval Order

Public Meeting Held
November 17, 2016

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

State Board of Nursing
General Revisions
Regulation No. 16A-5125 (# 3080)

 On October 17, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing (Board). This rulemaking amends 49 Pa. Code §§ 21.2, 21.3, 21.7, 21.21—21.25, 21.27—21.30a, 21.142, 21.144, 21.149, 21.151—21.156c, 21.701, 21.722, 21.723b and 21.724. The proposed regulation was published in the November 1, 2014 Pennsylvania Bulletin with a public comment period ending on December 1, 2014. The final-form regulation was submitted to the Commission on September 26, 2016.

 The regulation establishes timeframes within which candidates for licensure as registered nurses, practical nurses and dietitian-nutritionists must first take and pass licensure examinations. The regulation also amends provisions relating to re-examination, continued competency, qualifications of applicants for examination, and licensure requirements.

 We have determined this regulation is consistent with the statutory authority of the Board (63 P.S. §§ 212.1(k) and 667.6) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

 This regulation is approved.

____

Approval Order

Public Meeting Held
November 17, 2016

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Insurance Department
Annual Financial Reporting Requirements
Regulation No. 11-254 (# 3129)

 On January 11, 2016, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 147. The proposed regulation was published in the January 23, 2016 Pennsylvania Bulletin with a public comment period ending February 22, 2016. The final-form regulation was submitted to the Commission on September 28, 2016.

 The final regulation updates Chapter 147, commonly referred to as the ''CPA Audit Rule,'' by adding corporate governance-related functions to the audit committee's responsibilities.

 We have determined this regulation is consistent with the statutory authority of the Department (71 P.S. § 186, 40 P.S. §§ 443, 1564, 1600.205 and 3225) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

 This regulation is approved.

____

Approval Order

Public Meeting Held
November 17, 2016

Commissioners Voting: George D. Bedwick, Chairperson; John F. Mizner, Esq., Vice Chairperson; W. Russell Faber; Murray Ufberg, Esq.; Dennis A. Watson, Esq.

Department of Transportation
Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic
Regulation No. 18-461 (# 3083)

 On October 28, 2014, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 101. The proposed regulation was published in the November 8, 2014 Pennsylvania Bulletin with a public comment period ending on December 8, 2014. The final-form regulation was submitted to the Commission on October 17, 2016.

 This regulation updates the list of persons authorized to direct traffic, minimum attire requirements and exempts a person at the scene of an emergency until an authorized person arrives.

 We have determined this regulation is consistent with the statutory authority of the Department (75 Pa.C.S. § 6103(a)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

 This regulation is approved.

GEORGE D. BEDWICK, 
Chairperson

[Pa.B. Doc. No. 16-2092. Filed for public inspection December 2, 2016, 9:00 a.m.]



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