Independent Regulatory Review Commission
Encyclopedia
The Independent Regulatory Review Commission (IRRC) is an independent agency of the Commonwealth of Pennsylvania. It is responsible for the review of regulations from nearly all state agencies, boards and commissions before they go into effect. These regulations span the broadest possible array of topics, such as bank lending practices, food safety, educational standards, dog breeding, nursing facilities, gaming facilities, and more.
The Regulatory Review Act (RRA), which created IRRC, provides for a forum to examine and resolve differences between the promulgating agency, the legislature and the members of the public that will be directly impacted by these regulations. To accomplish this, IRRC interacts with all parties, frequently advocating changes, where necessary, to accomplish the best regulatory balance. IRRC is statutorily required to ensure proposed regulatory provisions are in the public interest.
Regulations, as well as outside input from the regulated public and the legislature, are reviewed by the professionals at IRRC and made available to all parties on IRRC’s website http://www.irrc.state.pa.us . The website not only details information about a specific regulation, but catalogs comments from the public, legislators and IRRC in a fully searchable database. Ultimately, the agency’s regulations are considered and voted on by IRRC’s commissioners in a public meeting where all parties can express their support for, or opposition to the regulations. Through IRRC’s efforts, the entire process of a regulation’s evolution is made transparent and accessible to all parties. http://www.irrc.state.pa.us/
of regulations by state government agencies. According to the Pennsylvania General Assembly, insufficient consideration was given to the economic and social impact the agency regulations would have on those subject to compliance and the public at large. The creation of IRRC established a channel for legislative oversight, a mechanism for detailed and comprehensive impact analysis, and a forum for public input.
IRRC's mission is to foster executive branch accountability. IRRC commissioners and staff exercise their expertise, authority, and independence to engage in ongoing and effective review and oversight of regulations. IRRC increases communication with promulgating agencies and the regulated public to achieve a streamlined and effective review process. Ultimately, IRRC assists the Governor and the General Assembly by encouraging the resolution of objections to regulation. http://www.irrc.state.pa.us/
A proposed regulation must be accompanied by a Regulatory Analysis Form. This form provides a concise and nontechnical explanation of the proposed regulation, a statement of the need for the regulation, and estimates of direct or indirect costs to the Commonwealth. The Regulatory Analysis Form also provides a specific citation to the federal or state statutory or regulatory authority which the regulation is designed to implement.http://www.irrc.state.pa.us/
When IRRC receives a final-form regulation, it is placed on the public meeting agenda within thirty days and is voted on at IRRC’s public meeting.http://www.irrc.state.pa.us/
, one by the President pro tempore of the Senate, one by the Speaker of the House, one by the Minority Leader of the Senate, and one by the Minority Leader of the House.
The legislative appointees serve for three-year terms and may be reappointed. Commissioners may only be removed for misfeasance or malfeasance in office. The Governor's appointee serves at the Governor's pleasure and is not subject to term allotments.
The Commission generally meets twice per month. Official action of the Commission requires a quorum
.http://www.irrc.state.pa.us/
In July, 2010, the following five men are members of the commission:
Arthur Coccodrilli, George D. Bedwick, Silvan B. Lutkewitte, III, John Mizner, and S. David Fineman.
Regulatory analysts carry out their duties through extensive independent research. The original statute a promulgating agency is using as justification for a regulation is an invaluable research tool. The concerns of the regulated community are assessed through both public comments and on-site visits. Analysts meet with those parties and individuals that will be affected by the regulation in order to gauge the impact that the regulation will have. Analysts also meet with agencies, public organizations, legislators, and legislative staff to discuss issues, questions, and suggestions regarding an individual regulation.http://www.irrc.state.pa.us/
The Outreach Division fulfills their responsibilities through a number of services. The Outreach Division serves as the press contact for the Commission, conducts courtesy reviews of forthcoming proposed regulations, and conducts seminars and workshops that are tailored to meet the specific needs of the audience. ORS attends meetings and engages in correspondence with individual legislators and agencies. This interaction is intended to keep both legislators and agencies abreast of general activities and issues that may be important to them. ORS also performs continuing management and development with regard to the IRRC official webpage.http://www.irrc.state.pa.us/
The Regulatory Review Act (RRA), which created IRRC, provides for a forum to examine and resolve differences between the promulgating agency, the legislature and the members of the public that will be directly impacted by these regulations. To accomplish this, IRRC interacts with all parties, frequently advocating changes, where necessary, to accomplish the best regulatory balance. IRRC is statutorily required to ensure proposed regulatory provisions are in the public interest.
Regulations, as well as outside input from the regulated public and the legislature, are reviewed by the professionals at IRRC and made available to all parties on IRRC’s website http://www.irrc.state.pa.us . The website not only details information about a specific regulation, but catalogs comments from the public, legislators and IRRC in a fully searchable database. Ultimately, the agency’s regulations are considered and voted on by IRRC’s commissioners in a public meeting where all parties can express their support for, or opposition to the regulations. Through IRRC’s efforts, the entire process of a regulation’s evolution is made transparent and accessible to all parties. http://www.irrc.state.pa.us/
Mission and Purpose
Prior to the enactment of the Regulatory Review Act (RRA) in the early 1980s, there were few controls on the promulgationPromulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
of regulations by state government agencies. According to the Pennsylvania General Assembly, insufficient consideration was given to the economic and social impact the agency regulations would have on those subject to compliance and the public at large. The creation of IRRC established a channel for legislative oversight, a mechanism for detailed and comprehensive impact analysis, and a forum for public input.
IRRC's mission is to foster executive branch accountability. IRRC commissioners and staff exercise their expertise, authority, and independence to engage in ongoing and effective review and oversight of regulations. IRRC increases communication with promulgating agencies and the regulated public to achieve a streamlined and effective review process. Ultimately, IRRC assists the Governor and the General Assembly by encouraging the resolution of objections to regulation. http://www.irrc.state.pa.us/
Regulatory Review Process in PA
While many states engage some level of regulatory review, Pennsylvania is the only state that maintains an independent regulatory agency. The Regulatory Review Act, initially enacted in 1982, established the regulatory review process and created IRRC. The reenactment of the Act in 1989 established the current two-step oversight process. IRRC and the designated standing committees of the General Assembly now review regulations first as proposed and then again in final form.http://www.irrc.state.pa.us/Proposed Regulations
Many pieces of legislation include a subsection devoted to rules and regulations. A specific board or agency is identified to promulgate regulations in order to implement any given Act. For instance, the Department of Public Welfare drafted a regulation intended to implement Act 56. This initiative has been submitted to IRRC and subject to review.http://www.irrc.state.pa.us/IRRC's Review Criteria
- Whether agency has statutory authority to implement regulation
- Whether the regulation is consistent with the legislative intent
- Economic and fiscal impact on the public and private sector
- Protection of the public health, safety, and welfare
- Clarity, feasibility, and reasonableness of the regulation
- Whether regulation is a policy decision requiring legislative review
- Comments, objections, or recommendations of a Committee
- Compliance with the Regulatory Review Act
A proposed regulation must be accompanied by a Regulatory Analysis Form. This form provides a concise and nontechnical explanation of the proposed regulation, a statement of the need for the regulation, and estimates of direct or indirect costs to the Commonwealth. The Regulatory Analysis Form also provides a specific citation to the federal or state statutory or regulatory authority which the regulation is designed to implement.http://www.irrc.state.pa.us/
Public Comments
At this point in the review process, the general public, IRRC, and the appropriate standing committees are given the opportunity to comment on the proposed regulation. The promulgating agency must allow for a comment period of at least 30 days in which the public may comment. The agency must submit each comment on the regulation to the standing committees and IRRC within five business days of receipt. IRRC includes comments received in its public regulatory files and retains them for four years following promulgation of the regulation.http://www.irrc.state.pa.us/IRRC's Formal Comments
At the close of the public comment period, IRRC has 30 days to file comments with the agency. Regulatory analysts explore legal and policy issues a proposed regulation may present. Review involves independent research, an analysis of public comments, and discussions with standing committees, the agency, and affected or interested parties. http://www.irrc.state.pa.us/Committee's Formal Comments
The committees may, at any time prior to the submittal in final form, file comments, recommendations, or objections to proposed regulations. The extended time frame for committee comment is an important element of the regulatory review process. It ensures that committees have the benefit of IRRC’s comments when deciding whether to file their own comments and what issues will have the greatest impact on the Commonwealth.http://www.irrc.state.pa.us/Final Regulations
When submitting the regulation in its final form, the promulgating agency must consider and respond to all comments presented by the public, committees, and IRRC. The agency must submit the final-form regulation and its response to comments to IRRC and the committees within two years of the close of the public comment period. If the agency fails to meet this deadline, but still wants to promulgate the regulation, it must propose a new regulation.When IRRC receives a final-form regulation, it is placed on the public meeting agenda within thirty days and is voted on at IRRC’s public meeting.http://www.irrc.state.pa.us/
The Commissioners
The Commission has five members. One member is appointed by the GovernorGovernor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
, one by the President pro tempore of the Senate, one by the Speaker of the House, one by the Minority Leader of the Senate, and one by the Minority Leader of the House.
The legislative appointees serve for three-year terms and may be reappointed. Commissioners may only be removed for misfeasance or malfeasance in office. The Governor's appointee serves at the Governor's pleasure and is not subject to term allotments.
The Commission generally meets twice per month. Official action of the Commission requires a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
.http://www.irrc.state.pa.us/
In July, 2010, the following five men are members of the commission:
Arthur Coccodrilli, George D. Bedwick, Silvan B. Lutkewitte, III, John Mizner, and S. David Fineman.
Regulatory Review Section
The IRRC's regulatory review analysts are charged with the task of researching and analyzing proposed and final regulations by applying a specific set of criteria. Their primary objective is to assist the Commissioners with the development of formal comments. Those comments are ultimately delivered to the promulgating agency, presented to the standing committees in the House and the Senate, and published in the Pennsylvania Bulletin.Regulatory analysts carry out their duties through extensive independent research. The original statute a promulgating agency is using as justification for a regulation is an invaluable research tool. The concerns of the regulated community are assessed through both public comments and on-site visits. Analysts meet with those parties and individuals that will be affected by the regulation in order to gauge the impact that the regulation will have. Analysts also meet with agencies, public organizations, legislators, and legislative staff to discuss issues, questions, and suggestions regarding an individual regulation.http://www.irrc.state.pa.us/
Outreach and Regulatory Services
The Outreach and Regulatory Services Division (ORS) was created in October 2005 to strengthen IRRC’s communication with state agencies, legislators and staff, the press, and the general public. IRRC recognized a greater need for customer-based philosophy and activity.The Outreach Division fulfills their responsibilities through a number of services. The Outreach Division serves as the press contact for the Commission, conducts courtesy reviews of forthcoming proposed regulations, and conducts seminars and workshops that are tailored to meet the specific needs of the audience. ORS attends meetings and engages in correspondence with individual legislators and agencies. This interaction is intended to keep both legislators and agencies abreast of general activities and issues that may be important to them. ORS also performs continuing management and development with regard to the IRRC official webpage.http://www.irrc.state.pa.us/
Sources
- “Regulatory Review Act.” Purdon’s Pennsylvania Statutes Annotated. 71. §§ 745.15 Philadelphia: George T. Bisel Company, 1990.
- “The Regulatory Review Process in Pennsylvania.” Independent Regulatory Review Commission. January 2008. Harrisburg: K-B Offset Printing Inc, January 2008.