RULES AND REGULATIONS
STATE BOARD OF COSMETOLOGY
[49 PA. CODE CH. 7]
Examination Fees
[27 Pa.B. 2542] The State Board of Cosmetology (Board) amends § 7.2 (relating to fees) pertaining to examination fees for licensure for cosmetologists, cosmeticians, manicurists, teachers and cosmetology shop managers to read as set forth in Annex A.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 16(a) of the Cosmetology Law (act) (63 P. S. § 522(a)), 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 actual contract costs for examination services as the result of the award of a new contract with a professional testing organization.
Public notice of intention to amend the regulation under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL) 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 the regulation in advance of final rulemaking under section 204(2) of the CDL.
In developing specifications for a new testing contract, the Board conducted a review of its examinations and procedures. As a result of the review, the Board determined that the Pennsylvania law portion of the examination is not cost effective. The Board believes that questions necessary to determine competence in professional practice can be adequately covered in the written examinations. Accordingly, the Pennsylvania law examination and its fee are deleted from the regulations for all license categories. The Board also decided to rename the practical examination as the performance examination to more accurately describe the examination's scope. The performance examination is required for licensure as a cosmetologist, cosmetician, manicurist or teacher. The theory portion of the examination will continue to be required of all applicants including managers.
As a result of the procurement process for a new testing contract, the fees for the five license categories (cosmetologist, cosmetician, manicurist, teacher and manager) will be the same. Therefore, the Board has been able to further simplify its regulation by reducing 19 separate fees to three.
To accomplish this objective, the Board has restructured § 7.2 in its entirety. Existing subsections (a) and (b) referencing prior year's examinations are deleted. New subsection (a) will be reserved for examination fees. In new subsection (b), the Board places other fees charged by the Board not changed in this rulemaking.
The following chart summarizes the change in fees for each license category.
FEE STRUCTURE
OLD NEW Cosmetologist and Manicurist $52.50 Complete
$27 Written (theory)
$24 Practical
$18.50 Pa. Law
$69.50 Total if taken separately$59
$31
$28
Deleted
$59Cosmetician and Teacher $52.50 Complete
$27 Written (theory)
$24 Practical
$18.50 Pa. Law
$69.50 Total if taken separately$59
$31
$28
Deleted
$59Manager $28.50 Complete
$27 Written (theory)
$18.50 Pa. Law
$45.50 Total if taken separately
$31
DeletedCompliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directive of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted regulation addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Statutory Authority
This amendment is proposed under section 812.1 of The Administrative Code of 1929 and section 16 of the act.
Fiscal Impact and Paperwork Requirements
The proposed amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will be required to pay the actual costs of the examination.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), on April 4, 1997, a copy of the amendment was submitted 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. §§ 732-101--732-506).
Under section 5(c) of the Regulatory Review Act, the amendment was approved on April 15, 1997, by the Senate Consumer Affairs and Professional Licensure Committee on April 15, 1997, approved by the House Professional Licensure Committee on April 23, 1997, and approved by IRRC on May 1, 1997.
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 as 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 that candidate fees cover the cost of the examination.
(2) Persons affected by the regulation as amended 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 shall apply to examinations administered in July 1997 and thereafter.
CAROL T. MICCICHE,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 2490 (May 17, 1997).)
Fiscal Note: 16A-453. 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 man- ager theory examination is $31. The fee for each portion of an examination is:
Theory examination $31
Performance examination (not applicable to managers) $28 (b) Other fees charged by the Board: 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
[Pa.B. Doc. No. 97-823. Filed for public inspection May 23, 1997, 9:00 a.m.]
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