Commerce, Occupational and Professional Licensing

Rule R156-11a

Barber, Cosmetologist/Barber, Esthetician, Electrologist and Nail Technician Licensing Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35853
Filed: 02/06/2012 02:35:42 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 11a, provides for the licensure of barber, barber instructor, barber school, cosmetologist/barber, cosmetologist/barber instructor, cosmetology/barber school, electrologist, electrologist instructor, electrology school, esthetician, master-level esthetician, esthetics instructor, esthetics school, nail technician, nail technician instructor, and nail technology school. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-11a-201(3) provides that the Barbering, Cosmetology/Barbering, Esthetics, Electrology and Nail Technology Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 11a, with respect to the license classifications noted above.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in April 2007, it has been amended five times. The Division received a 07/12/2010 email from Candace Daly in which she suggested proposed wording with respect to a Utah electrologist examination be deleted. It should be noted that the proposed rule filing (DAR No. 33704) in which Ms. Daly made her comment was allowed to lapse by the Division. The Division refiled a proposed rule amendment filing (DAR No. 34123) in which Ms. Daly's suggestion was included in the proposed amendments in that filing. The Division also received a 09/18/2007 email from Hunter Finch, Governor's Rules Analyst, notifying the Division of an incorrect statutory citation. The Division filed a nonsubstantive rule change on 09/18/2007 to correct the error. The Division also received a 02/02/2012 email from David Nelson in which Mr. Nelson opposes wording in Subsection R156-11a-302(1)(a) with respect to Title 78, Chapter 5, Part 4.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 11a, with respect to various license classifications noted above. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession. In response to Mr. Nelson's written comments about his opposition to wording in Subsection R156-11a-302(1)(a), the Division does not disagree with the facts of Mr. Nelson's comments. The Division disagrees with Mr. Nelson's requested solution to amend the rule due to a Supreme Court ruling that might invalidate a Utah statute referred to in this rule. The Division has spoken with Mr. Nelson multiple times regarding various Division rules and does not intend to follow his requested solution.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Sally Stewart at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at sstewart@utah.gov

Authorized by:

Mark Steinagel, Director

Effective:

02/06/2012