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PA Bulletin, Doc. No. 96-97

RULES AND REGULATIONS

STATE BOARD OF COSMETOLOGY

[49 PA. CODE CH. 7]

Examination Fees

[26 Pa.B. 325]

   The State Board of Cosmetology (Board) amends § 7.2 (relating to fees) pertaining to increased fees for January 1996, and subsequent examinations for licensure as set forth in Annex A.

   Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a), and section 16 of the Cosmetology Law (act) (63 P. S. § 522), examinations for licensure must be prepared and administered by a professional testing organization under contract to the appropriate board. This amendment will change fees for examinations to candidates for licensure to reflect contract costs for examination services. Beginning with the January 1996 examination, the professional testing contractor will offer the written examination in two parts: State law and regulations and the NIC examination. The theory only examination will no longer be available. Also, contract costs will change for examinations given on and after July 1996.

   Public notice of intention to amend § 7.2 under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (CDL) (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by the amendment have been given actual notice of the Board's intention to amend § 7.2 in advance of final rulemaking under section 204(2) of the CDL.

Statutory Authority

   This amendment is adopted under section 812.1 of The Administrative Code of 1929 and section 16 of the act.

Fiscal Impact and Paperwork Requirements

   The amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will be required to pay an increased fee to cover contract costs for the examination.

Regulatory Review

   Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), a copy of the amendment was submitted on December 6, 1995, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the amendment was submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-1--732-506).

   Under section 5(c) of the Regulatory Review Act, the amendment was approved by the House Committee on December 13, 1995, deemed approved by the Senate Committee on December 26, 1995, and approved by IRRC on January 3, 1996.

Additional Information

   Individuals who desire information are invited to submit inquiries to Sara Sulpizio, Board Administrator, State Board of Cosmetology, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7130.

Findings

   The Board finds that:

   (1)  Public notice of intention to amend the regulation adopted by this order under the procedures specified in sections 201 and 202 of the CDL, has been omitted under the authority contained in section 204(3) of the CDL, because the Board has, for good cause, found that the procedure specified in sections 201 and 202 of the CDL, is in this circumstance, unnecessary, because section 812.1 of The Administrative Code of 1929 requires candidate fees cover the cost of the examination.

   (2)  Persons affected by the amendment adopted by this order have been given actual notice of the Board's intention to amend the regulation in advance of final rulemaking under section 204(2) of the CDL.

   (3)  The amendment of the regulation of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.

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 § 7.2 to read as set forth in Annex A.

   (b)  The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.

   (c)  The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall become effective immediately upon publication in the Pennsylvania Bulletin, and apply to examinations administered on and after January 1, 1996.

ANTONETTE J. GRYGO,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 284 (January 20, 1996).)

   Fiscal Note: 16A-452. 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)  Following is the schedule of fees charged by the Board:

Licensing examination for cosmetologist
(complete)		$50
Licensing examination for cosmetologist (practical
only)		$24
Licensing examination (State law, rules and
regulations)		$18.50
Licensing examination (NIC written)$24.50
Licensing examination for manicurist
(complete)		$50
Licensing examination for manicurist
(State law, rules and regulations)		$18.50
Licensing examination for manicurist
(practical only)		$24
Licensing examination for manicurist
(NIC written)		$24.50
Licensing examination for cosmetician
(complete)		$55
Licensing examination for cosmetician
(practical only)		$24
Licensing examination for cosmetician
(State law, rules and regulations)		$18.50
Licensing examination for cosmetician
(NIC written)		$29.50
Licensing examination for cosmetology teacher
(complete)		$55
Licensing examination for cosmetology teacher
(practical only)		$24
Licensing examination for cosmetology teacher
(State law, rules and regulations)		$18.50
Licensing examination for cosmetology teacher
(NIC written)		$29.50
Licensing examination for cosmetology shop
manager		$31
Licensing examination for cosmetology shop
manager (State law, rules and regulations)		$18.50
Licensing examination for cosmetology shop
manager (NIC written)		$29.50
Licensure of cosmetologist, manicurist or
cosmetician		$5
Licensure of cosmetology shop manager or
cosmetology teacher		$10
Licensure of cosmetology shop, manicurist shop
or cosmetician shop		$35
Licensure of cosmetology school$95
Licensure by reciprocity$25
Registration of cosmetology apprentice$35
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$10
Change in cosmetology shop (inspection required)$35
Change in cosmetology shop (no inspection
required)		$15
Reinspection of cosmetology shop$15
Certification of licensure$10

   (b)  Effective July 1996, fees will increase as indicated:

Licensing examination for cosmetologist
(complete)		$52.50
Licensing examination for cosmetologist
(practical only)		$24
Licensing examination (State law, rules and
regulations)		$18.50
Licensing examination (NIC written)$27
Licensing examination for manicurist (complete)$52.50
Licensing examination for manicurist
(State law, rules and regulations)		$18.50
Licensing examination for manicurist
(practical only)		$24
Licensing examination for manicurist
(NIC written)		$27
Licensing examination for cosmetician (complete)$52.50
Licensing examination for cosmetician
(practical only)		$24
Licensing examination for cosmetician
(State law, rules and regulations)		$18.50
Licensing examination for cosmetician
(NIC written)		$27
Licensing examination for cosmetology teacher
(complete)		$52.50
Licensing examination for cosmetology teacher
(practical only)		$24
Licensing examination for cosmetology teacher
(State law, rules and regulations)		$18.50
Licensing examination for cosmetology teacher
(NIC written)		$27
Licensing examination for cosmetology shop
manager		$28.50
Licensing examination for cosmetology shop
manager (State law, rules and regulations)		$18.50
Licensing examination for cosmetology shop
manager (NIC written)		$27
[Pa.B. Doc. No. 96-97. Filed for public inspection January 26, 1996, 9:00 a.m.]


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