Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS STATE BOARD OF BARBER EXAMINERS [49 PA. CODE CH. 3] Ten Chair Barber Schools [34 Pa.B. 3699] The State Board of Barber Examiners (Board) amends § 3.82 (relating to inspections).
A. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
B. Statutory Authority
The final-form rulemaking is authorized under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)), known as the Barbers' License Law.
C. Background and Purpose
Barber schools in this Commonwealth have, over the last several years, experienced a decrease in enrollment. To encourage schools to remain in business as well as to encourage new schools to open, the Board has reviewed its existing regulations governing licensed schools with a view toward eliminating unnecessarily restrictive regulations. To this end, the Board is amending § 3.82 to delete the requirement that a barber school have 20 chairs in the clinic room and 20 desks in the theory room and to require only 10 chairs and desks in each room. This minimum 10 chair/desk requirement will eliminate the need to have unused equipment in the schools. The Board also anticipates that this will allow more schools to become licensed. In conjunction with lowering the number of chairs and desks required for schools, the Board decreases the space requirements. With fewer required chairs and desks, schools need less space to operate.
The final-form rulemaking also changes the requirements for inspection prior to a barber school being licensed. The former regulations required both a preliminary inspection of the school and a second inspection after the equipment is installed. The regulation required a Board member to accompany the inspector on the second inspection. The Board feels that its resources would be better utilized if one inspection was required. Furthermore, the Board feels that it is improper for a Board member to accompany the inspector on the second inspection given that there may be violations that could result in the license being denied. This final-form rulemaking updates § 3.82 to reflect the Board's current practice of conducting only one inspection.
D. Summary of Comments and Responses on Proposed Rulemaking
Notice of proposed rulemaking was published at 33 Pa.B. 4686 (September 20, 2003). Publication was followed by a 30-day public comment period during which the Board received no public comments. Following the close of the public comment period the Board received no comments from the House Professional Licensure Committee (HPLC), Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) or the Independent Regulatory Review Commission (IRRC).
E. Fiscal Impact and Paperwork Requirements
The final-form rulemaking does not impose any additional paperwork requirements on the Board or its licensees. The final-form rulemaking will have a beneficial fiscal impact on existing and new barber school owners by reducing the costs for unnecessary equipment, such as chairs and desks, for schools with a small enrollment.
F. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 10, 2003, the Board submitted a copy of the notice of proposed rulemaking, published at 33 Pa.B. 4686, to IRRC and the Chairpersons of the SCP/PLC and the HPLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), this final-form rulemaking was approved by the HPLC on May 11, 2004, and deemed approved by SCP/PLC on May 26, 2004. Under section 5g of the Regulatory Review Act, the amendment was deemed approved effective May 26, 2004.
H. Contact Person
Further information may be obtained by contacting Sara Sulpizio, Administrative Assistant, State Board of Barber Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3402, www.dos.state.pa.us.
I. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and no comments were submitted.
(3) The final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 33 Pa.B. 4686.
(4) The final-form rulemaking is necessary and appropriate for administration and enforcement of the authorizing act identified in Part B of this preamble.
J. Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 3, are amended by amending § 3.82 to read as set forth at 33 Pa.B. 4686.
(b) The Board shall submit this order and 33 Pa.B. 4686 to the Office of General Counsel and to the Office of Attorney General as required by law.
(c) The Board shall certify this order and 33 Pa.B. 4686 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
LEROY CAMERONI,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 3078 (June 12, 2004).)
Fiscal Note: Fiscal Note 16A-426 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 04-1281. Filed for public inspection July 16, 2004, 9:00 a.m.]
