Pennsylvania Bulletin Volume 41 (2011) Repository 10-22-2011 October 22, 2011 (Pages 5611-5730) Pennsylvania Legislative Reference Bureau Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_2011 Recommended Citation Pennsylvania Legislative Reference Bureau, "October 22, 2011 (Pages 5611-5730)" (2011). Volume 41 (2011). 43. https://digitalcommons.law.villanova.edu/pabulletin_2011/43 This October 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 41 (2011) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. Volume 41 Number 43 Saturday, October 22, 2011 • Harrisburg, PA Pages 5611—5730 Agencies in this issue The Courts Department of Banking Department of Environmental Protection Department of Labor and Industry Department of Revenue Department of State Department of Transportation Independent Regulatory Review Commission Insurance Department Pennsylvania Public Utility Commission State Board of Medicine State Board of Nursing State Board of Vehicle Manufacturers, Dealers and Salespersons State Real Estate Commission Detailed list of contents appears inside. Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 443, October 2011 published weekly by Fry Communications, Inc. for the PENNSYLVANIA Commonwealth of Pennsylvania, Legislative Reference Bu- BULLETIN 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- burg, Pennsylvania. Postmaster send address changes to: Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 800 W. Church Rd. Fry Communications, Inc. 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Church Road, Mechanicsburg, Pennsylvania 17055-3198. 5613 CONTENTS THE COURTS INDEPENDENT REGULATORY REVIEW COMMISSION APPELLATE PROCEDURE Notices Amendment of rules 531, 2113 and 2185 of the rules Action taken by the Commission ...................5724 of appellate procedure; no. 215 appellate proce- Notice of comments issued ........................5725 dural rules doc. .................................5620 Notice of filing of final rulemakings ................5726 DISCIPLINARY BOARD OF THE SUPREME COURT INSURANCE DEPARTMENT Current schedule of continuing legal education Notices courses required for reinstatement under Janet Gutman, t/d/b/a World Insurance; order to §§ 89.275 and 89.279 of the Disciplinary Board show cause; doc. no. SC11-06-018 ................5726 rules ...........................................5621 Review procedure hearings under the Unfair Insur- ance Practices Act ..............................5726 EXECUTIVE AGENCIES PENNSYLVANIA PUBLIC UTILITY COMMISSION Proposed Rulemaking DEPARTMENT OF BANKING Marketing and sales practices for the retail residen- Notices tial energy market ..............................5624 Railroad transportation ...........................5634 Actions on applications............................5642 Maximum lawful rate of interest for residential Notices mortgages for the month of November 2011 ......5644 Gas service .......................................5727 Pro forma intra-corporate transactions .............5727 DEPARTMENT OF ENVIRONMENTAL PROTECTION Service of notice of motor carrier applications.......5727 Notices Transfer of assets, abandon service and tariff Applications, actions and special notices............5644 changes ........................................5728 Availability of technical guidance ..................5719 Transfer of control ................................5729 Bid opportunity (2 documents) .....................5719 Transfer control ..................................5729 Storm Relief Grant funding .......................5720 Transfer of indirect control ........................5729 DEPARTMENT OF LABOR AND INDUSTRY STATE BOARD OF MEDICINE Notices Notices Bureau of Professional and Occupational Affairs v. Uniform Construction Code Review and Advisory Daniel Ryan Kensinger, M.D.; doc. no. 1997-49- Council meeting ................................5720 09.............................................5729 DEPARTMENT OF REVENUE STATE BOARD OF NURSING Notices Notices Pennsylvania Treasure Tree ’11 instant lottery Bureau of Professional and Occupational Affairs v. game ..........................................5720 Lisa Ann Schatz, LPN; doc. no. 1831-51-2010 .....5730 DEPARTMENT OF STATE STATE BOARD OF VEHICLE MANUFACTURERS, Notices DEALERS AND SALESPERSONS Corporation Bureau Advisory Committee meeting . 5723 Notices Bureau of Professional and Occupational Affairs v. DEPARTMENT OF TRANSPORTATION Chase Auto Center, Inc.; doc. no. 1291-60-2011....5730 Rules and Regulations STATE REAL ESTATE COMMISSION Odometer reading disclosure statements ...........5623 Notices Notices Bureau of Professional and Occupational Affairs v. Medical Advisory Board meeting ...................5724 Eric A. Wheatley; doc. no. 1090-56-11 ............5730 Now Available Online at http://www.pabulletin.com PENNSYLVANIA BULLETIN, VOL. 41, NO. 43, OCTOBER 22, 2011 5614 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). Commission; Applications and Actions before the Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organi- zation of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. Generally an agency wishing to adopt, amend or The Pennsylvania Code contains, as Finding Aids, repeal regulations must first publish in the Pennsyl- subject indexes for the complete Code and for each vania Bulletin a Notice of Proposed Rulemaking. individual title, a list of Statutes Used As Authority There are limited instances where the agency may for Adopting Rules and a list of annotated cases. omit the proposal step; they still must publish the Source Notes give you the history of the documents. adopted version. To see if there have been recent changes, not yet codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note