STATE BOARD OF COSMETOLOGY [49 PA. CODE CH. 7] Examination Fees [31 Pa.B. 5713] The State Board of Cosmetology (Board) proposes to amend § 7.2 (relating to fees) to read as set forth in Annex A. The proposed rulemaking deletes references to the fees charged by testing organizations from the schedule of fees for the theory and performance examination for cosmetologists, cosmeticians, manicurists and teachers, and theory examination for managers.
A. Effective Date
This proposed rulemaking is effective on final publication in the Pennsylvania Bulletin.
B. Statutory Authority
Section 12 of the Beauty Culture Law (law) (63 P. S. § 522) prescribes the time place and materials for examinations for licensure. Section 13(b) of the law (63 P. S. § 519(b)) requires the Bureau of Professional and Occupational Affairs (Bureau) to contract with a professional testing organization to prepare and administer examinations in accordance with section 812.1(a) of The Administrative Code of 1929 (71 P. S. § 279.3(a)). Under section 812.1(b) of The Administrative Code of 1929 each board has the discretionary power to charge a fee for the administration of and cost of each examination. Section 812.1(c) of The Administrative Code of 1929 defines cost as ''all contractual charges relating to the preparation, administration, preparing, administering, grading and recording of the examination.''
C. Background and Need for Amendment
Provision and Submission of Applications
The proposed amendment to § 7.2 reflects that the professional testing organization, not the Board, determines the fees charged for the examinations. The proposed amendment deletes references to the cost of the examinations in the Board's schedule of fees.
Elimination of References to Examination Fees
The proposed amendment to § 7.2 deletes references to the fees for the theory and performance examination for cosmetologists, cosmeticians, manicurists and teachers, and theory examination for managers. These fees are set by the administrators of the examinations, not by the Board. To avoid the necessity of amending the regulations whenever the examination administrator changes the fees, the Board proposes to delete references to the fees.
D. Description of Proposed Amendments
The proposed rulemaking deletes references to the fees for the theory and performance examination for cosmetologists, cosmeticians, manicurists and teachers, and theory examination for managers. The fees are set by the professional testing organizations.
E. Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
The Board reviewed this proposed rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1. The proposed rulemaking addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-l.
F. Fiscal Impact and Paperwork Requirements
The proposed rulemaking will have no fiscal impact on the Board or its licensees. The proposed rulemaking should have no fiscal impact on the private sector, the general public or political subdivisions. The amendment will avoid preparation of new regulations each time an examination fee is changed and should not create additional paperwork for the private sector.
G. Sunset Date
The Board monitors its regulations on a continuing basis. Therefore, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 27, 2001, the Board submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and Senate Consumer Protection and Professional Licensure Committee for review and comment. In addition to submitting the proposed rulemaking, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed rulemaking, it will notify the Board within 10 days after the expiration of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final-form publication of the regulation, by the Board, the General Assembly and the Governor of objections raised.
I. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Sara Sulpizio, Administrator, State Board of Cosmetology, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
CAROL M. THOMPSON,
ChairpersonFiscal Note: 16A-4510. No fiscal impact; (8) recommends adoption.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 7. STATE BOARD OF COSMETOLOGY GENERAL PROVISIONS § 7.2. Fees.
[(a) The fee for the cosmetologist, cosmetician, manicurist or teacher examination is $59. The fee for the manager theory examination is $31. The fee for each portion of an examination is:
Theory examination $31 Performance examination (not applicable to managers) $28 (b) Effective September 1, 1999, the fee for the complete cosmetologist, cosmetician, manicurist or teacher examination is $71. The fee for the manager theory examination is $31. The fee for each portion of an examination is:
Theory examination $41 Performance examination (not applicable to managers) $30 (c) Other fees] Fees charged by the Board are as follows:
Licensure of cosmetologist, manicurist or cosmetician $10 Licensure of cosmetology shop manager or cosmetology teacher $10 Licensure of cosmetology shop, manicurist shop or cosmetician shop $55 Licensure of cosmetology school $160 Licensure by reciprocity $20 Registration of cosmetology apprentice $70 Biennial renewal of manicurist's license $21 Biennial renewal of cosmetician's license $21 Biennial renewal of cosmetologist's license $23 Biennial renewal of cosmetology shop manager's or cosmetology teacher's license $36 Biennial renewal of cosmetology shop's license $41 Biennial renewal of cosmetician or manicurist shop's license $25 Biennial renewal of cosmetology school's license $66 Approval of cosmetology school supervisor $20 Change in cosmetology, cosmetician or manicurist shop (inspection required) $55 Change in cosmetology, cosmetician or manicurist shop (no inspection required) $15 Reinspection of cosmetology, cosmetician or manicurist shop or cosmetology school $40 Certification of student or apprentice training hours $30 Verification of license, registration, permit or approval $15 [Pa.B. Doc. No. 01-1837. Filed for public inspection October 12, 2001, 9:00 a.m.]
