DAR File No. 41260

Commerce, Occupational and Professional Licensing

Rule R156-11a

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

Notice of Proposed Rule

(Amendment)

DAR File No.: 41260
Filed: 01/31/2017 09:32:16 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In accordance with changes made by S.B. 136 (2016 General Session), Division of Occupational and Professional Licensing Amendments, to Section 58-1-308 of the Division of Occupational and Professional Licensing Act, the purpose of this rule filing is to provide an extended timeframe of up to five years for license reinstatement under the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act (Title 58, Chapter 11a) and remove for individuals applying for such reinstatement the requirement that they pass the applicable exams within one year prior to the date of application.

Summary of the rule or change:

In accordance with Subsection 58-1-308(5)(a)(ii)(B) and the new Section R156-11-308, Subsection R156-11a-302(1) is modified to exclude from the exam requirement those individuals who are applying for reinstatement of their license between two and five years after the expiration of their license. In accordance with Subsection 58-1-308(5)(a)(ii)(B), this proposed new Section R156-11-308 will allow individuals whose license has been expired between two and five years to reinstate their license without being required to retake exams.

Statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-11a-101
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The proposed rule change is made in accordance with S.B. 136 (2016) and any costs or savings associated with this implementation were addressed by the fiscal note attached to S.B. 136. The proposed rule change applies only to formerly licensed individuals who apply to reinstate their license between two and five years from the date their license expired. The aggregate impact on the state budget cannot be estimated as it is unknown how many individuals will reinstate their license beyond two years and less than five years of expiration. The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments apply only to formerly licensed individuals who apply to reinstate their license between two and five years from the date their license expired. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed rule change may result in a cost savings to small-business salons and spas that employ licensed individuals or who lease space to licensed individuals, by reducing the time required for those individuals to reinstate an expired license, therefore reducing or eliminating income loss by the small business due to license expiration. The aggregate savings cannot be estimated as it will vary depending on circumstances.

persons other than small businesses, businesses, or local governmental entities:

The savings impact described above for small business is not expected to affect large businesses because the Division is unaware of any salons or spas that employ 50 or more employees. The proposed rule change will reduce costs for formerly licensed individuals who apply to reinstate their license within two and five years from the date their license expired, as they will no longer need to pay the exam fees for the written and practical exams that may otherwise be required. Further, these individuals may receive increased income and reduce or eliminate loss of income because of the reduction in the time required for those individuals to reinstate their license and start working again. Exam vendors who will no longer receive exam fees from individuals reinstating their license between two and five years from date of expiration will experience a loss of revenue from the exams not taken. The aggregate savings and costs cannot be estimated as it will vary depending on circumstances.

Compliance costs for affected persons:

An exam vendor who will no longer receive exam fees from individuals reinstating their license between two and five years from date of expiration will experience a loss of revenue from the exams not taken. This individual impact cannot be estimated as it will vary depending on circumstances.

Comments by the department head on the fiscal impact the rule may have on businesses:

In accordance with changes made by S.B. 136 (2016), the Division of Occupational and Professional Licensing is able to provide an extended timeframe of up to five years for license reinstatement without requiring licensees to retake qualification exams. The fiscal impact on small businesses will be reduced by this amendment. The aggregate savings cannot be estimated.

Francine A. Giani, Executive Director

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

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Allyson Pettley at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at apettley@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2017

Interested persons may attend a public hearing regarding this rule:

• 02/27/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

03/24/2017

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-11a. Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule.

R156-11a-302a. Qualifications for Licensure - Examination Requirements.

In accordance with Section 58-11a-302, the examination requirements for licensure are established as follows:

(1) Except as otherwise provided in Section 58-1-308 and R156-11a-308 for individuals reinstating a license, applicants[Applicants] for each classification listed below shall pass within one year prior to the date of application, or within other reasonable timeframe as approved by the Division upon review of applicable extenuating circumstances, the respective examination with a passing score of at least 75% as determined by the examination provider.

(a) Applicants for licensure as a barber shall pass the National Interstate Council of State Boards of Cosmetology (NIC) Barber Theory and Practical Examinations.

(b) Applicants for licensure as a cosmetologist/barber shall pass the NIC Cosmetology/Barber Theory and Practical Examinations.

(c) Applicants for licensure as an electrologist shall pass the NIC Electrology Theory and Practical Examinations.

(d) Applicants for licensure as a basic esthetician shall pass the NIC Esthetics Theory and Practical Examinations.

(e) Applicants for licensure as a master esthetician shall pass the NIC Master Esthetics Theory and Practical Examinations.

(f) Applicants for licensure as a barber instructor, cosmetologist/barber instructor, electrology instructor, esthetician instructor, or nail technology instructor shall pass the NIC Instructor Examination.

(g) Applicants for licensure as a nail technician shall pass the NIC Nail Technology Theory and Practical Examinations.

(2) Any substantially equivalent theory, practical or instructor examination approved by the licensing authority of any other state is acceptable for any of the examinations specified in Subsection(1).

 

R156-11a-308. Reinstatement of License.

In accordance with Subsection 58-1-308(5)(a), an individual may apply for reinstatement of license between two years and five years from the date of license expiration without being required to pass the exams provided in Section R156-11a-302a.

 

KEY: cosmetologists/barbers, estheticians, electrologists, nail technicians

Date of Enactment or Last Substantive Amendment: [September 8, 2016]2017

Notice of Continuation: February 6, 2012

Authorizing, and Implemented or Interpreted Law: 58-11a-101; 58-1-106(1)(a); 58-1-202(1)(a)