Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

1 Pa. Code § 311a.5. Delivery of a final regulation after the end of the legislative session.

§ 311a.5. Delivery of a final regulation after the end of the legislative session.

 (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the agency does not deliver the final-form regulation and required material by this date, the regulation will be deemed withdrawn. If the agency wants to promulgate the regulation after the regulation has been deemed withdrawn, the agency may submit one of the following: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).

Source

   The provisions of this §  311a.5 amended April 13, 2018, effective April 14, 2018, 48 Pa.B. 2126. Immediately preceding text appears at serial pages (330929) to (330930).



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