June 6th, 2008

 In 1982, the Regulatory Review Act was passed establishing the Independent Regulatory Review Commission (IRRC).  The IRRC reviews all regulations that the Commonwealth agencies propose for promulgation, except those of the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission. 

State agencies are required all to publish an agenda of regulations under development or consideration by the agency.  These agendas are published on the first Saturdays in February through July in the PA Bulletin, and can be viewed online every Friday.  These agendas allow the public to know the intentions of the departments regarding future regulations.

Typically, IRRC reviews regulations through a two-step process.  First, when an agency is prepared to propose a new regulation, it must publish notice of its intention to promulgate, repeal or amend a regulation in the PA Bulletin, and the notice needs to include the text of the proposed regulation.  The proposed regulation is also submitted to a standing committee (a legislative committee tasked to review regulations) and IRRC.  Persons interested in a regulation are encouraged to file comments with IRRC, the standing committees and the agency. 

IRRC reviews and comments on the agency’s proposed regulation and any accompanying comments from the public and the General Assembly and then issues comments on the regulation to the agency.  

Second, after the agency reviews public, committee and IRRC comments on the proposed regulations, it may submit a final version of the regulation to the IRRC and standing committee for review.  Again, persons interested in the final regulation should file comments with the standing committee and IRRC.  IRRC will then review the regulation along with standing committee and public comments.  For most regulations, this stage ends with approval at an IRRC public meeting.

The next step for the regulation will be a review by the Attorney General’s office.  If the Attorney General’s office approves the regulation, the agency may publish the regulation in the Pennsylvania Bulletin.  Once a regulation has been approved and published, it has the full force and effect of law. 

The Regulatory Review Process in Pennsylvania