January 31, 2009 (Pages 501-662)

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January 31, 2009 (Pages 501-662) Pennsylvania Bulletin Volume 39 (2009) Repository 1-31-2009 January 31, 2009 (Pages 501-662) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2009 Recommended Citation Pennsylvania Legislative Reference Bureau, "January 31, 2009 (Pages 501-662)" (2009). Volume 39 (2009). 5. https://digitalcommons.law.villanova.edu/pabulletin_2009/5 This January is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 39 (2009) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 39 Number 5 Saturday, January 31, 2009 • Harrisburg, PA Pages 501—662 Agencies in this issue The Courts Department of Agriculture Department of Banking Department of Community and Economic Development Department of Environmental Protection Department of Health Department of Labor and Industry Department of Military and Veterans Affairs Department of Revenue Health Care Cost Containment Council Insurance Department Liquor Control Board Pennsylvania Public Utility Commission State Athletic Commission State Board of Funeral Directors State Board of Pharmacy State Board of Nursing Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 410, January 2009 published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 641 Main Capitol Building, Harrisburg, Pa. 17120, (ISSN 0162-2137) under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publi- cation and effectiveness of Commonwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscrip- tions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Periodicals postage paid at Harris- Postmaster send address changes to: burg, Pennsylvania. FRY COMMUNICATIONS Orders for subscriptions and other circulation matters Attn: Pennsylvania Bulletin should be sent to: 800 W. Church Rd. Fry Communications, Inc. Mechanicsburg, Pennsylvania 17055-3198 Attn: Pennsylvania Bulletin (717) 766-0211 ext. 2340 800 W. Church Rd. (800) 334-1429 ext. 2340 (toll free, out-of-State) Mechanicsburg, PA 17055-3198 (800) 524-3232 ext. 2340 (toll free, in State) Copyright ௠ 2009 Commonwealth of Pennsylvania Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 503 CONTENTS THE COURTS DEPARTMENT OF HEALTH Notices APPELLATE PROCEDURE Applications of Elk Regional Health Center for Order adopting amendments to Pa.R.A.P. 102, 904, exception ........................................ 641 905, 1112, 1113, 1116, 1123, 1925, 1931, 1972, Long-term care nursing facilities; request for excep- 2113, 2154, 2172, 2185, 2542, 2545, and to official tion ............................................. 641 notes to Pa.R.A.P. 2572 and 3723; no. 197; appel- Traumatic Brain Injury Advisory Board meeting ..... 641 late procedural rules; doc. no. 1 .................. 508 DEPARTMENT OF LABOR AND INDUSRTY LOCAL COURT RULES Notices Carbon County Current Prevailing Wage Act debarments (2 docu- Amendment of civil procedure 1303—arbitration ments) ......................................... 642 hearing and notice; no. 04-1727................... 513 DEPARTMENT OF MILITARY AND VETERANS Clinton County AFFAIRS Order amending rules of civil procedure; no. 114-09 . 514 Notices Order amending rules of miscellaneous procedure; Per diem rates of Pennsylvania State Veterans’ no. 115-09 ....................................... 517 homes...........................................642 Luzerne County DEPARTMENT OF REVENUE Order establishing a conflict counsel pool and fee Notices schedule for the payment of conflict counsel certi- Pennsylvania Fun 1s instant lottery game........... 642 fied to represent defendants when they are Pennsylvania Lucky Dog doubler ’09/Fat Cat dou- deemed ineligible for representation by the bler ’09 instant lottery game ..................... 644 Luzerne County public defenders office due to a conflict of interest ............................... 520 HEALTH CARE COST CONTAINMENT COUNCIL Notices Meetings scheduled ................................ 647 EXECUTIVE AGENCIES INSURANCE DEPARTMENT DEPARTMENT OF AGRICULTURE Notices Notices David W. Andrews, M. D.; prehearing ............... 647 Holding and humane disposition of stray unlicensed Application and request for a certificate of authority dogs ............................................ 528 to provide a continuing care retirement commu- nity by Nugent Convalescent Home, Inc. .......... 648 DEPARTMENT OF BANKING Bandit truck stop #2; prehearing ................... 648 Notices Conseco Senior Health Insurance Company; 40% Actions on applications............................. 528 rate increase filing for American Travelers ATL- LTC-89; rate filing ............................... 648 DEPARTMENT OF COMMUNITY AND ECONOMIC Conseco Senior Health Insurance Company; 40% DEVELOPMENT rate increase filing for several Transport Life LTC Notices forms; rate filing................................. 649 Listing of tax collection districts for Local Tax Giant food store 80; prehearing ..................... 649 Enabling Act districts ........................... 529 JJM Realty LP; prehearing......................... 649 Pat’s Pit Stop; prehearing .......................... 649 DEPARTMENT OF ENVIRONMENTAL PROTECTION LIQUOR CONTROL BOARD Notices Applications, actions and special notices............. 593 Notices Bid opportunity.................................... 640 Expiration of leases ................................ 650 Coastal and Estuarine Land Acquisition Conserva- PENNSYLVANIA PUBLIC UTILITY COMMISSION tion Program; Federal Fiscal Year 2010 grant solicitation ...................................... 640 Notices Oil and gas well permit application modifications; Petition of Cordia Communications Corp............. 650 revisions to the application addendum for Marcel- Service of notice of motor carrier applications........ 650 lus Shale Gas Well Development.................. 641 Telecommunications (2 documents) .................. 659 Proposed total maximum daily load (TMDL): Tentative order .................................... 659 Redbank Creek Watershed, Jefferson, Clarion and Armstrong Counties ........................... 639 STATE ATHLETIC COMMISSION Lower Clarion River and Deer Creek Watersheds, Rules and Regulations Clarion County ................................ 639 Mixed martial arts................................. 523 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 504 STATE BOARD OF FUNERAL DIRECTORS STATE BOARD OF NURSING Rules and Regulations Notices Renewal fee (correction) ............................ 523 Bureau of Professional and Occupational Affaris v. STATE BOARD OF PHARMACY Katherine Jaroszewicz, LPN; doc. no. 1664-51- Notices 2008 ............................................ 661 Bureau of Professional and Occupational Affaris v. Michael Lee Harenza, R.Ph.; doc. no. 0880- 54-08 ........................................... 661 PENNSYLVANIA BULLETIN, VOL. 39, NO. 5, JANUARY 31, 2009 505 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide The Pennsylvania Code is cited by title number and Local Court Rules; Attorney General Opinions; and section number. Example: Title 10 Pennsylva- Motor Carrier Applications before the Public Utility nia Code, § 1.1 (short form: 10 Pa.Code § 1.1).
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