Current through Register Vol. 54, No. 45, November 9, 2024
Section 305.3 - Commission comments(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.(d) The agency shall verify receipt of Commission comments in the following manner: (1) If the Commission comments are hand delivered, by signing the Commission's receipt card.(2) If the Commission comments are delivered by facsimile, by signing and transmitting by facsimile the cover page to the Commission.(3) If the Commission comments are e-mailed, by sending a return e-mail to the Commission confirming receipt.(e) Commission comments will specify the regulatory review criteria that are the basis for the Commission's objections, recommendations, statements or questions.The provisions of this §305.3 amended March 26, 2004, effective 3/27/2004, 34 Pa.B. 1681; amended November 2, 2007, effective 11/3/2007, 37 Pa.B. 5886. This section cited in 1 Pa. Code § 301.6 (relating to delivery of a regulation to a committee other than the committee designated to review the agency's regulation); 1 Pa. Code § 307.4 (relating to amending by withdrawing the regulation or tolling the review period); and 1 Pa. Code § 311a.1 (relating to delivery of a proposed regulation after the end of the legislative session).