71 Pa. Stat. § 745.3

Current through P.A. Acts 2023-32
Section 745.3 - Definitions

The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Acceptable data." Empirical, replicable and testable data as evidenced in supporting documentation, statistics, reports, studies or research.

"Agency." Any department, departmental administrative board or commission, independent board or commission, agency or other authority of this Commonwealth now existing or hereafter created, but shall not include the Senate or the House of Representatives, the Pennsylvania Fish Commission, the Pennsylvania Game Commission or any court, political subdivision, municipal or local authority.

"Commission." The Independent Regulatory Review Commission.

"Committee." A standing committee of the Senate or the House of Representatives designated by the President pro tempore of the Senate for the Senate or by the Speaker of the House of Representatives for the House. The designation shall prescribe the jurisdiction of each standing committee over the various State agencies for purposes of this act. The designation shall be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

"Commonwealth Attorneys Act." The act of October 15, 1980 (P.L. 950, No. 164), known as the "Commonwealth Attorneys Act."

"Commonwealth Documents Law." The act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law.

"Family." A parent, spouse, child, brother or sister.

"Final-form regulation." A regulation previously published as a proposed regulation pursuant to the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law, which an agency submits to the commission and the committees following the close of the public comment period.

"Final-omitted regulation." A regulation which an agency submits to the commission and the committees for which the agency has omitted notice of proposed rulemaking pursuant to section 204 of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law.

"Promulgate." To publish an order adopting a final-form or final-omitted regulation in accordance with the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law.

"Proposed regulation." A document intended for promulgation as a regulation which an agency submits to the commission and the committees and for which the agency gives notice of proposed rulemaking and holds a public comment period pursuant to the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law.

"Regulation." Any rule or regulation, or order in the nature of a rule or regulation, promulgated by an agency under statutory authority in the administration of any statute administered by or relating to the agency or amending, revising or otherwise altering the terms and provisions of an existing regulation, or prescribing the practice or procedure before such agency. The term shall also include actions of the Liquor Control Board which have an effect on the discount rate for retail licensees. The term shall not include a proclamation, executive order, directive or similar document issued by the Governor, but shall include a regulation which may be promulgated by an agency, only with the approval of the Governor.

" Small business. " As defined in accordance with the size standards described by the United States Small Business Administration's Small Business Size Regulations under 13 CFR Ch. 1 Part 121 (relating to Small Business Size Regulations) or its successor regulation.

"Withdrawal." Removal of a proposed, final-form or final-omitted regulation by an agency from the review process so that the commission and the committees are prevented from taking further action on the regulation.

71 P.S. § 745.3

Amended by P.L. 657 2012 No. 76, § 2, eff. 8/28/2012.
1982, June 25, P.L. 633, No. 181, § 3, effective in 30 days. Amended 1982, Dec. 9, P.L. 1023, No. 238, § 1, imd. effective. Reenacted 1986, Feb. 21, P.L. 47, No. 16, § 1, imd. effective. Reenacted and amended 1989, June 30, P.L. 73, No. 19, § 1, retroactive effective Dec. 31, 1988. Amended 1997, June 25, P.L. 252, No. 24, § 1, imd. effective; 2011, July 7, P.L. 277, No. 60, § 1, effective in 60 days [Sept. 6, 2011].