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PA Bulletin, Doc. No. 06-2339

RULES AND REGULATIONS

Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF COSMETOLOGY

[49 PA. CODE CH. 7]

Removal of Term ''Manager''

[36 Pa.B. 7247]
[Saturday, December 2, 2006]

   The State Board of Cosmetology (Board) amends Chapter 7. This final-form rulemaking removes the term ''manager'' and all references to a cosmetology shop manager license from the Board's regulations to conform them to the changes made to the act of May 3, 1933 (P. L. 242, No. 86) (Act 86) by the act of June 29, 2002 (P. L. 645, No. 98) (Act 98).

A.  Effective Date

   This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

B.  Statutory Authority

   Section 11 of Act 86 (63 P. S. § 517) authorizes the Board to promulgate regulations generally for the conduct of persons, copartnerships, associations or corporations affected by Act 86.

C.  Background and Need for Final-Form Rulemaking

   The Board's existing regulations were promulgated under prior language of section 4.4 of Act 86 (63 P. S. § 510.4), dating back to 1976, that required either an owner or a licensed manager employed by the owner to manage a shop. Accordingly, the existing regulations include a manager license classification as well as related provisions addressing licensure and management issues. These regulations consistently refer to the manager and to the prior language of section 4.4 of Act 86 regarding management of shops.

   Section 4.4 of Act 86 was amended by the act of October 18, 2000 (P. L. 607, No. 81) to, among other things, limit the need for a licensed shop manager in some circumstances, but that amendment did not eliminate the manager license classification. Subsequently, Act 98 amended section 4.4 of Act 86 again, entirely removing the requirement that a cosmetology shop be managed by the shop's owner, a licensed manager or a licensed cosmetology teacher. In its place, Act 98 established the requirements that every shop owner designate a person in charge of the shop in the owner's absence, that the name of the owner or designated person in charge be posted in a conspicuous place in the shop and that the owner or designated person in charge be readily available to Bureau of Professional and Occupational Affairs inspectors during business hours.

   Upon implementation of Act 98, the Board eliminated the license category of manager and no longer enforced the provisions of its regulations referring to the manager or the manager license classification. This final-form rulemaking deletes the now obsolete references and addresses the new requirements regarding oversight of a shop by the owner or the designated person in charge.

D.  Description of Amendments

   The amendments to §§ 7.1, 7.11(2), 7.12, 7.31(a), 7.32g(c) and 7.128(b) delete the term ''manager'' or ''manager's.'' Similarly, §§ 7.13 and 7.32c and § 7.129(d) (relating to curriculum requirements) are rescinded, as is the second sentence of § 7.45 (related to reexamination if the license is not current for 5 or more years), because these provisions are now obsolete.

   In §§ 7.51(a)(2), 7.64(a) and (b) and 7.111(a)(2)(ii)(B) (relating to application for a shop license; responsibilities of shop owner or designated person in charge; and application for a school license), the phrase ''the designated person in charge of the shop in the owner's absence'' is substituted for either the term ''manager'' or for a reference to the individual ''managing the shop.'' Additionally, in § 7.62 (related to management of cosmetology shop), the final-form rulemaking adds language to subsection (a) establishing the need for the designated person in charge of the shop in the owner's absence to be a licensee; deletes an obsolete portion of subsection (b); and adds subsections (c) and (d) that vest certain responsibilities in both the owner and the designated person in charge of the shop in the owner's absence.

E.  Summary of Comments and Responses to Proposed Rulemaking

   Proposed rulemaking was published at 36 Pa.B. 1231 (March 18, 2006) followed by a 30-day public comment period. The Board did not receive comments from the general public or from or the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC), the House Professional Licensure Committee (HPLC) or the Independent Regulatory Review Commission (IRRC).

F.  Fiscal Impact and Paperwork Requirements

   There is no adverse fiscal impact or paperwork requirement imposed on the Commonwealth, political subdivisions or the private sector.

G.  Sunset Date

   The Board continuously monitors its regulations. 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 March 8, 2006, the Board submitted a copy of the notice of proposed rulemaking, published at 36 Pa.B. 1231, to IRRC and to the Chairpersons of the HPLC and the SCP/PLC for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC and the HPLC and the SCP/PLC 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 HPLC, the SCP/PLC and the public.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 3, 2006, the final-form rulemaking was approved by the HPLC. On October 18, 2006, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC, effective October 18, 2006.

I.  Contact Person

   Further information may be obtained by contacting Hilarene Staller, Board Administrator, State Board of Cosmetology, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7130.

J.  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 received.

   (3)  The final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 36 Pa.B. 1231.

   (4)  This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in this preamble.

K.  Order

   The Board, acting under its authorizing statute, orders that:

   (a)  The regulations of the Board, 49 Pa. Code Chapter 7, are amended by amending §§ 7.1, 7.2, 7.11, 7.12, 7.31, 7.32g, 7.45, 7.51, 7.62, 7.64, 7.111, 7.128 and 7.129 and by deleting §§ 7.13, 7.32c and 7.63 to read as set forth at 36 Pa.B. 1231.

   (b)  The Board shall submit this order and 36 Pa.B. 1231 to the Office of General Counsel and the Office of Attorney General as required by law.

   (c)  The Board shall certify this order and 36 Pa.B. 1231 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

SUSAN E. RINEER,   
Chairperson

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 6742 (November 4, 2006).)

   Fiscal Note:  Fiscal Note 16A-4513 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 06-2339. Filed for public inspection December 1, 2006, 9:00 a.m.]


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