RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF BARBER EXAMINERS
[49 PA. CODE CH. 3]
Fees
[52 Pa.B. 1485]
[Saturday, March 12, 2022]
The State Board of Barber Examiners (Board) and the Acting Commissioner of the Bureau of Professional and Occupational Affairs (Commissioner) amend Chapter 3 (relating to State Board of Barber Examiners) by amending § 3.103 (relating to fees) to read as set forth in Annex A.
Effective Date
This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin. The graduated increases for application fees will be implemented on a 2-fiscal-year basis—on July 1, 2022, and July 1, 2024.
The increased biennial renewal fees will be implemented beginning with the May 1, 2022—April 30, 2024, biennial renewal period. Thereafter, the subsequent graduated increases will be implemented with the biennial renewal for May 1, 2024—April 30, 2026.
Statutory Authority
Under section 14(b) of the act of June 19, 1931 (P.L. 589, No. 202) (63 P.S. § 564(b)), referred to as the Barbers' License Law (act), all fees required under the act shall be fixed by the Board by regulation and shall be subject to the Regulatory Review Act (71 P.S. §§ 745.1—745.14). Section 14(b) of the act further provides that ''[i]f the revenues raised by fees, fines and civil penalties imposed pursuant to [the] act are not sufficient to meet expenditures over a two-year period, the board shall increase those fees by regulation so that the projected revenues will meet or exceed projected expenditures.'' Section 15-A.4(b) of the act (63 P.S. § 566.4(b)), states, ''[t]he board shall have power to make such other rules and regulations. . .as shall be deemed necessary to carry out the provisions of this act.''
Regarding barber, barber shop manager and barber teacher application fees, section 3(a), (c) and (d) of the act (63 P.S. § 553(a), (c) and (d)), require applicants to submit an application in a form as the Board prescribes and also states in pertinent part, ''. . .[a]t the time of filing the application and accompanying notarized statements, the applicant shall pay to the department an examination fee to be determined by regulation. . .'' Regarding barber by reciprocity application fees, section 4(a) of the act (63 P.S. § 554(a)), states, ''[a] barber currently licensed in another state with substantially the same licensure requirements as Pennsylvania shall be granted a Pennsylvania barber license without examination upon payment of the fee.'' Regarding barber shop application fees, section 13(b) of the act (63 P.S. § 563(b)), states, ''[a] licensed barber over sixty-five years of age may operate a one chair barber shop located in a senior citizen center which is eligible for funding from the State Lottery Fund. . . Shops licensed under this subsection shall be subject to the same fees imposed pursuant to this act for the issuance and biennial renewal of a barber shop license.'' Regarding barber school application fees, section 12(a)(1) of the act (63 P.S. § 562(a)(1)), states in pertinent part, ''[b]oth the fee for registration of each barber school and the annual renewal fee shall be determined by regulation.'' Under section 11 of the act (63 P.S. § 561), ''[t]he department shall keep a record of the names and addresses of the barber shops to which, and the names of all persons to whom, licenses are issued under this act. The department shall furnish copies of such records to the public upon request and may establish a reasonable fee for such copies which shall not exceed the cost of reproduction.'' Regarding biennial renewal fees, section 8(a) of the act (63 P.S. § 558(a)), states, ''[t]he license shall be renewed on or before the thirtieth day of April, 1962, for a period of two years and biennially thereafter, and holders of said licenses shall pay to the department a fee to be determined by regulation for renewal.''
The Commissioner is appointed by the Governor and has a number of powers and duties. Specifically, under section 810 of The Administrative Code of 1929 (71 P.S. § 279.1(a)(7)), the Commissioner has the power and duty, ''[u]nless otherwise provided by law, to fix the fees to be charged by the several professional and occupational examining boards within the department[.]''
Background and Purpose of Amendment
Under section 14 of the act, the Board is required to support its operations from the revenue it generates from fees, fines and civil penalties. The act further provides that the Board shall increase fees when expenditures outpace revenue. The majority of general operating expenses of the Board are borne by the licensee population through revenue generated by the biennial renewal of licenses. A small percentage of its revenue comes from application fees, fines and civil penalties. Board expenses are the result of direct charges, timesheet-based charges, and licensee-based charges. On an annual basis, the Board reviews its fiscal status and receives an annual report from the Department of State's Bureau of Finance and Operations (BFO) regarding the Board's income and expenses.
At a public meeting on April 15, 2019, the BFO and the Board reviewed the Board's application fees and determined that the existing fee schedule did not reflect the costs of the services provided by the Board. The BFO presented to the Board its annual report reflecting revenues for fiscal year (FY) 2016-2017, FY 2017-2018 and FY 2018-2019. The BFO explained that there was a negative fund balance because Board expenses were exceeding revenue while the licensee population was declining. The Board, with the encouragement and support of the Bureau of Professional and Occupational Affairs (Bureau), determined that a re-evaluation of all application fees was appropriate, especially given that the Board had not updated its fees since 2014.
During the August 19, 2019, regularly scheduled Board meeting, the BFO presented to the Board actual revenues for FY 2017-2018 and reviewed projected revenues from FY 2018-2019 through FY 2024-2025. The BFO discussed projections for graduated increases of application and biennial renewal fees through FY 2024-2025 to ensure positive fund balance. The sporadic increases and decreases in the licensee population were taken into account when projecting incremental fee increases. The BFO recommended that the Board consider an increase in biennial renewal fees and application fees for FY 2021-2022.
During the January 27, 2020, regularly scheduled Board meeting, the BFO presented its annual report of the Board's income and expenses with updated data. The current BFO fiscal report shows that in fiscal year (FY) 2018-2019, the Board incurred $656,544.64 in expenditures and generated only $159,127.33 in revenue, with a remaining deficit balance of ($335,744). In FY 2019-2020, the Board incurred $783,291.30 in expenditures and generated $939,529.40 in revenue, with a remaining deficit balance of ($179,505.90). For FY 2020-2021, it was estimated that the Board would incur approximately $800,000 in expenditures and generate only $400,000 in revenue, with a remaining deficit balance of ($579,595.90). For FYs 2021-2022 and 2022-2023, the Board is projected to incur $1.497 million in expenditures and generate $1.404 million in revenue, with a deficit balance of ($180,505.90) at the end of FY 2021-2022 and a deficit balance of ($672,505.90) in FY 2022-2023. Based upon the information presented by the BFO, the revenues generated by fees, fines and civil penalties imposed in accordance with the provisions of the act were not sufficient to meet expenditures over a 2-year period. The Board voted to adopt the proposed graduated fee increases for application and biennial renewal fees contained in the BFO's report. An exposure draft was released to stakeholders and interested parties to solicit written comments and no comments were received. Thereafter, the proposed rulemaking was published at 51 Pa.B. 3342 (June 19, 2021) for review and comment. Publication was followed by a 30-day public comment period during which the Board received no public comments. In addition, the Chairpersons of House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not submit comments. The Independent Regulatory Review Commission (IRRC) submitted comments as detailed as follows.
Summary of Comments and the Board and Commissioner's Response
In preparing this final-form rulemaking, the Board considered all comments submitted by IRRC.
First, IRRC asked the Board to explain why increasing the initial application fees for barbers, barber shop managers and barber teachers from $10 to $30 is reasonable. Initial application fees for barbers, barber shop managers and barber teachers were set at $10 by Board regulation in March of 2001. Boards and commissions under the Bureau design initial application fees to cover the cost to process applications.
Application fees are based on time study reports created within the Bureau that lay out each step in processing an application and the amount of time it takes to complete each step. That amount of time per application is multiplied by the total number of anticipated application requests for 1 year to get the total number of minutes per year necessary to process applications. (The number of minutes per year is multiplied by two since the increases are biennial). Initial application fees are based on a formula that multiplies the number of minutes to perform the processing function by the pay rate for the classification of the personnel performing the function and adding a proportionate share of administrative overhead. While application fees only account for approximately 5% of the Board's revenue, the Board, with the encouragement and support of the Bureau determined that a re-evaluation of all application fees was appropriate. The Board evaluated all of its application fees and found that fees charged did not cover the costs to process applications.
As reflected in the fee report forms, Board counsel has a significant role in the initial application process. Initial barber, barber shop manager and barber teacher applications that contain a criminal conviction history must be reviewed and approved by Board counsel. Depending on the applicant's criminal conviction, Board counsel may have to perform additional functions as part of the application process, such as drafting probation offer letters, final orders for a probationary or restricted license, and press releases. The cost to review an application is determined by multiplying the number of minutes to perform the processing function by the pay rate for Board counsel and adding a proportionate share of administrative overhead. As a result, the fee report forms show that it costs $30 to review and process barber, barber shop manager and barber teacher applications. In comparing the Board's fees to other states, the $30 application fee for barbers and barber teachers is significantly lower than most of the initial application fees of the 12 surrounding states in the Northeast Region (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Rhode Island, Vermont and West Virginia). Initial barber application fees range from a low of $20 in Maine to a high of $128 in Delaware. The barber application fees from the surrounding states include: $20 initial licensure fee in Maine, $25 application fee in Rhode Island, $30 application fee in New Hampshire, $35 initial licensure fee in West Virginia, $40 initial licensure fee in New York, $50 initial licensure fee in Maryland, $50 application fee in New Jersey (plus an initial licensure fee of $90 during the first year of a renewal cycle (even year), or $45 during the second year of a renewal cycle (odd year), $66 application fee in Massachusetts, $90 examination fee in Ohio (plus a $30 initial licensure fee), $100 application fee in Connecticut, $110 application fee in Vermont and $128 application fee in Delaware.
Maine, Rhode Island and New Hampshire are the only states that have initial barber application fees that are at or below $30. Since none of the surrounding states have a barber shop manager license category, a comparison of fees could not be made for this fee. Initial barber teacher application fees range from a low of $20 in Maine to a high of $205 in Delaware. The barber teacher application fees from the surrounding states include: $20 initial licensure fee in Maine, $25 application fee in Rhode Island, $30 application fee in New Hampshire, $50 initial licensure fee in West Virginia, $50 application fee in New Jersey (plus an initial licensure fee of $90 during the first year of a renewal cycle (even year), or $45 during the second year of a renewal cycle (odd year)), $170 application fee in Massachusetts, $185 initial licensure and examination fee in Ohio and $205 application fee in Delaware. Maine, Rhode Island and New Hampshire are the only states that have initial barber teacher application fees that are at or below $30.
While the Board and the Commissioner recognize that the increase in fees for barbers, barber shop managers and barber teachers, represent a significant increase of 200%, that increase is only a $20 increase for initial applications. The Board does not believe the $20 increase will deter applicants from applying for licensure in this Commonwealth or put this Commonwealth at a competitive disadvantage. Increasing initial application fees to cover the cost of processing those applications will lessen the burden on existing licensees regarding biennial fee increases. In addition, adjusting the initial application fees to cover the costs of applications is a fair and equitable approach because existing licensees will not have to bear the cost of initial applicant costs through biennial licensure fees.
Second, IRRC asked the Board to explain how the graduated increases were determined for biennial renewal fees which are to take effect on May 1, 2022, and May 1, 2024, as well as application increases which are to take effect on July 1, 2024. IRRC also asked the Board to explain why these increases are appropriate and reasonable.
July 1, 2024, application increases
The 2024 application fee increases are calculated using a 9.5% increase, rounded up or down. The 9.5% increase is based upon pay increases for staff that process applications. Staff pay increases are 2.5% in July and 2.25% in January, or 4.75% annually (9.5% biennially). The Board and Acting Commissioner base the increase on pay increases because the application fee is almost entirely dependent upon personnel-related costs.
Even with the 9.5% increase in 2024, the application fees are comparable to other surrounding states. The application fees remain lower than or equal to many of the initial application fees of the surrounding states in the Northeast Region. As stated earlier, initial barber application fees range from a low of $20 in Maine to a high of $128 in Delaware. After increasing fees from $30 to $33 for initial barber applications, there would only be three of the 12 surrounding states (Maine, Rhode Island, New Hampshire) that would have fees at or below $33 for those same applications. No other state that surrounds Pennsylvania has a barber shop manager licensure category; therefore, the initial application fee for this category could not be compared to other states. Initial barber teacher applications range from a low of $20 in Maine to $205 in Delaware. After increasing fees from $30 to $33 for initial barber teacher applications, there would only be three states (Maine, Rhode Island, New Hampshire) that would have fees at or below $33 for the same application.
Initial barber shop application fees range from a low of $20 in Maine to a high of $350 in New Jersey. The barber shop application fees from the surrounding states include: $20 initial licensure fee in Maine, $40 initial licensure fee in West Virginia (plus a $50 inspection fee), $60 initial licensure fee in New York, $60 initial licensure fee in New Hampshire, $110 initial licensure fee in Ohio, $128 application fee in Delaware, $130 application fee in Massachusetts, $170 application fee in Rhode Island, $200 initial licensure fee in Maryland, $330 application fee in Vermont, and $350 application fee for New Jersey during the first year of a renewal cycle (even year), or $250 during the second year of a renewal cycle (odd year). After increasing fees from $145 to $160 for initial barber shop applications, there would be four states (Rhode Island, Maryland, Vermont and New Jersey) with higher fees for the same application, ranging from $170—$350.
Initial barber school application fees range from a low of $50 for initial inspection in West Virginia to a high of $1,750 for initial inspection and licensure in Ohio. The barber school application fees from the surrounding states include: $50 initial inspection fee in West Virginia, $128 application fee in Delaware, $150 application fee in New Hampshire, $250 application fee in New Jersey (plus a $300 initial licensure fee during the first year of a renewal cycle (even year), or $150 during the second year of a renewal cycle (odd year)), $330 application fee in Vermont, $450 application fee in Massachusetts, $500 initial licensure fee in Maine and $1,750 initial licensure and inspection fee in Ohio. After increasing fees from $170 to $185 for initial barber school applications, there would be five states (Massachusetts, New Jersey, Vermont, Maine, Ohio) with higher fees for the same application, ranging from $225—$1,750.
''Licensure of barber by reciprocity'' applications range from a low of $25 in Rhode Island to a high of $300 in Ohio. The ''licensure of barber by reciprocity'' application fees from the surrounding states include: $25 in Rhode Island, $40 in New York, $41 in Maine, $50 in Vermont, $100 in Connecticut, $100 in New Hampshire, $100 in New Jersey, $100 in West Virginia, $128 in Delaware, $225 in Massachusetts and $300 in Ohio. After increasing fees from $60 to $65 for ''licensure of barber by reciprocity'' applications, there would be seven states (Connecticut, New Hampshire, New Jersey, West Virginia, Delaware, Massachusetts, Ohio) with higher fees for the same application; ranging from $100—$300.
No other state that surrounds Pennsylvania has a ''change in barber shop—inspection required'' application category; therefore, the initial application fee for this category could not be compared to other states. There are two states that have a ''change in barber shop—no inspection required'' application; the fee is $27 in Massachusetts and $50 in New Jersey. After Pennsylvania changes its fee from $45 to $50 for the ''change in barber shop—no inspection required'' application, it will be the same as New Jersey's fee. No other state that surrounds Pennsylvania has a ''reinspection after first fail—new or change (shop or school)'' application category; therefore, the initial application fee for this category could not be compared to other states.
''Verify license/permit/registration'' applications range from a low of $10 in New York to a high of $50 in Rhode Island and Vermont. The ''verify license/permit/registration'' application fees from the surrounding states include: $10 in New York, $15 in Massachusetts, $20 in New Hampshire, $25 in New Jersey, $25 in Maryland, $35 in Delaware, $35 in West Virginia, $40 in Ohio, $50 in Rhode Island and $50 in Vermont. After increasing fees from $20 to $22 for ''verify license/permit/registration'' applications, there would be seven states (New Jersey, Maryland, Delaware, West Virginia, Ohio, Rhode Island, Vermont) with higher fees for the same application; ranging from $25—$50.
There are two other states that have a ''certification of student status or student training hours'' application; the fee is $40 in Ohio and $45 in Delaware. After Pennsylvania changes its fee from $35 to $40 for the ''certification of student status or student training hours'' application, it will be the same as Ohio's fee.
The Board and the Commissioner submit that the 2024 graduated application fee increases are appropriate and reasonable because the increased fees are projected to cover the cost to process the applications for that biennial period. The Board carefully considered the best way to implement an increase in application fees and determined that a graduated fee schedule is favorable because it aligns the actual cost to process applications in each biennial period with the fee for that period. While the Board is reluctant to put additional fiscal burdens on its licensees, the increased fees are not significant when looking at the total increase in dollars. Moreover, even with the implementation of the 2024 graduated application fee increase, the Board's fees are still comparable with other states.
Biennial increases
In recommending the biennial increases to the Board, the BFO considered the Board's revenues and expenses while using past histories of prior fee increases as well as changes in the licensee population as a guide in determining the graduated fee increases. The BFO also considered and incorporated the projected increases in initial application fees. Significantly, the Board has not increased its fees since 2014. These increases are appropriate because they are necessary to ensure revenues meet or exceed expenses, as required by the act. The biennial fee increases are reasonable because they are made on a graduated basis to reduce the impact to the licensee population.
For the Board, expenses are exceeding revenues by approximately $244,000 over the last biennial renewal period. While the Board can continue to do business through its reliance on dollars from the Professional Licensure Augmentation Account (PLAA), where 26 licensing boards under the Department of State deposit revenue, PLAA funds used by the Board must be repaid. To repay the PLAA and move away from a negative fund balance, biennial renewal fees must be increased initially by approximately 30%. With this increase, the Board will not be out of the red within the May 1, 2022, through April 30, 2024, biennial renewal period. An approximate additional 20% increase during the subsequent renewal period starting May 1, 2024, would bring the board to an anticipated restricted account balance of just under $1,500 at the end of the biennial cycle.
The need for increased revenue and biennial renewal fees is necessary because this Board is seeing a steady increase in expenses. Some of the increase in expenses is simply due to cost of living increases over time. One of the biggest factors impacting Board revenue, however, is the decrease in the licensee population over the last few years. Regardless of the increase in expenses, the decrease in licensees to cover those costs is becoming greater. With a lower licensee population comes a decrease in biennial renewal revenue, which makes up approximately 86% of this Board's income.
Additionally, over the last few fiscal years, the Board has had some sizable increases to expenses for a variety of reasons. One of the largest financial impacts for the Board was the incorporation of The Pennsylvania Justice Network (JNET), due in part to the enactment of act of February 15, 2018 (P.L. 14, No. 6) (Act 6 of 2018), which requires mandatory self-reporting of criminal convictions. The Board uses JNET to identify criminal convictions of licensees and to verify compliance with Act 6 of 2018's mandatory reporting requirement. There was a sizable increase in the number of complaints being processed and opened for prosecution. The additional complaints resulted in increased expenses due to higher prosecutions, investigations, expert witness usage, and hearings. Since incorporation of JNET, expenses have been relatively steady in all of these cost categories. More than likely, this new level of legal workload will be part of the financial picture for the Board going forward.
In addition to the legal expense increases, all 29 boards and commissions under the Bureau have undergone an information technology transformation upgrade with the incorporation of the Pennsylvania Licensing System (PALS). Expenses associated with PALS, including the initial build as well as ongoing maintenance, are proportionately spread across all entities based on licensee population to effectively share costs per licensee. While the initial build is in the past, it has contributed to higher administrative expenses for all boards during the last few fiscal years. Due to PALS' high functioning database with enhanced features over the Bureau's previous License 2000 platform, maintenance for this system requires a larger financial commitment from all boards and commissions than the previous system.
In its comment, IRRC asked the Board to include in the response to question # 23 of the Regulatory Analysis Form (RAF), an estimate of the cost to implement this regulation or to explain why it is not possible to do so. To implement this regulation, paper and online applications will have to be revised to reflect the new fees. Paper documents will be revised by Board administrative staff, who will change the fee amounts on an electronic copy of the paper document; this process will take about 15 minutes of staff time to complete the revisions per renewal year to revise the documents as well as 15 minutes for the BPOA Business Licensing Division Chief, BPOA Deputy Commissioner and Board Counsel to each review and sign-off on the revisions. Online applications will be revised in PALS by Board administrative staff; this process will take about 1 hour of staff time to complete the revisions per renewal year as well as 15 minutes for the BPOA Business Licensing Division Chief, BPOA Deputy Commissioner and Board Counsel to each review and sign-off on the revisions. The total estimated cost to revise paper and online documents is $254; $127 in FY 2022-2023 and $127 in FY 2024-2025.
Finally, IRRC asked the Board to include fee report forms for processing biennial renewal applications for barbers, barber shop managers, barber teachers, barber shops and barber schools. The act requires the Board to set fees by regulation so that revenues meet or exceed expenditures. Initial application fees are determined by the cost to review and process an application; the processing cost is documented on fee report forms. Fees for biennial license renewal, however, are not determined in the same way as fees for initial application. Renewing a license is an online process through PALS where a licensee answers a number of questions and pays the appropriate fee. Generally, PALS automatically renews the license.
Unlike initial application fees, biennial renewal fees are designed to cover the operational costs of the Board, including salaries for administrative and legal staff as well as the cost for investigation of complaints, enforcement of statutory and regulatory requirements, hearing expenses and board member expenses. The majority of the Board's operational costs are personnel-related, and much of those costs are not within the Board's control. Staff are generally employees of the Commonwealth, most of whom are civil service personnel; many are in union positions. For these employees, the Board is bound by the negotiated contract. Personnel costs associated with investigation and enforcement depend largely on the number of complaints received that need to be investigated, and the number of those matters that result in disciplinary action. The Board has no control over the number of complaints that are filed against licensees and unlicensed individuals, nor may they control which matters are, or are not, prosecuted. The biennial fees are calculated to ensure that the Board can meet or exceed its operational costs. Since biennial renewal fees are based on operating expenses and do not reflect the cost to process a renewal application, fee report forms are not utilized for biennial renewals fees.
Fiscal Impact and Paperwork Requirements
The amendments increase application and biennial renewal fees on a graduated basis. Applicants, licensees and registrants will be required to comply with the regulation. The fees may be paid by applicants, licensees or registrants or may be paid by their employers, should their employers choose to pay these fees. This final-form rulemaking should have no other fiscal impact on the private sector, the general public or political subdivisions of the Commonwealth.
Approximately 1,120 applicants will be impacted annually by the increased application fees. Specifically, the number of applicants affected are as follows: 434 barbers, 100 barber shop managers, 14 barber teachers, 235 barber shops, 5 barber schools, 165 licensure of barber by reciprocity, 10 barber shop change (with inspection), 40 barber shop change (without inspection), 5 reinspection after first fail, 100 verification of license/permit/registration and 12 certification of barber school hours.
Based upon the graduated application fee increases, the total economic impact per fiscal year is as follows:
FY 2022-2023: $21,095
FY 2023-2024: $21,095
FY 2024-2025: $6,664
Total: $48,854
There are approximately 8,065 individuals who possess current licenses and registrations issued by the Board who will be required to pay more to renew their licenses and registrations. Factoring in a possible reduction of 1,059 licensees, the remaining 7,006 currently licensed individuals will be affected as follows:
Based upon the above biennial renewal fee increases, the economic impact is as follows:
FY 2021-2022 and FY 2022-2023: $357,960
FY 2023-2024 and FY 2024-2025: $270,617
Total: $628,577
Thus, the total economic impact to applicants, licensees, registrants or employers, if employers choose to pay application or licensing fees, is $677,431. This amount reflects the economic impact that will occur between FY 2021-2022 and FY 2024-2025.
This final-form rulemaking will require the Board to revise its printed and online application forms, which is a nominal cost. The amendments will not create additional paperwork for the regulated community or for the private sector.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, no sunset date has been assigned. Additionally, the BFO provides the Board with an annual report detailing the Board's financial condition. In this way, the Board continuously monitors the adequacy of its fee schedule.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on June 1, 2021, the Board and the Commissioner submitted a notice of proposed rulemaking, published at 51 Pa.B. 3342, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment. Publication was followed by a 30-day public comment period during which the Board received no public comments.
Under section 5(c) of the Regulatory Review Act, IRRC, 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. The HPLC and SCP/PLC did not submit comments. In preparing the final-form rulemaking, the Board and the Commissioner have considered all comments from IRRC.
On December 14, 2021, the Board and the Commissioner delivered this final-form rulemaking to IRRC, the HPLC and the SCP/PLC. Under section 5.1(g)(3) and (j.2) of the Regulatory Review Act (71 P.S. § 745.5a(g)(3) and (j.2)), on January 25, 2022, the final-form rulemaking was deemed approved by the HPLC and the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on January 26, 2022, and approved the final-form rulemaking.
Additional Information
Additional information may be obtained by writing to Matthew Eaton, Division Chief, Bureau of Professional and Occupational Affairs, State Board of Barber Examiners, P.O. Box 2649, Harrisburg, PA 17105-2649, ST-BARBER@pa.gov.
Findings
The State Board of Barber Examiners and the Acting Commissioner find 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), referred to as the Commonwealth Documents Law and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) A public comment period was provided as required by law and all comments were considered in drafting this final-form rulemaking.
(3) The amendments to this final-form rulemaking do not enlarge the original purpose for the proposed regulation published at 51 Pa.B. 3342.
(4) These amendments to the regulations of the State Board of Barber Examiners are necessary and appropriate for the regulation of the practice of barbering in the Commonwealth.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the State Board of Barber Examiners at 49 Pa. Code Chapter 3 are amended by amending § 3.103 to read as set forth in Annex A.
(b) The Board shall submit this final-form rulemaking to the Office of the Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall submit this final-form regulation to IRRC, the HPLC and the SCP/PLC as required by law.
(d) The Board shall certify this final-form rulemaking and deposit it with the Legislative Reference Bureau as required by law.
(e) This final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
DOMINIC L. MUNIZ,
Chairperson, State Board of Barber Examiners
ARION R. CLAGGETT,
Acting Commissioner, Bureau of Professional and
Occupational Affairs
(Editor's Note: See 52 Pa.B. 1079 (February 12, 2022), for IRRC's approval order.)
Fiscal Note: Fiscal Note 16A-4211 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 3. STATE BOARD OF BARBER EXAMINERS
FEES
§ 3.103. Fees.
(a) An applicant for a license, certificate, registration or service shall pay the following fees at the time of application:
| | | Effective
July 1, 2022 | Effective
July 1, 2024 |
|---|
| (1) Initial Application for Licensure | | | | |
| Barber | $10 | $30 | $33 |
| Barber Shop Manager | $10 | $30 | $33 |
| Barber Teacher | $10 | $30 | $33 |
| Barber Shop | $110 | $145 | $160 |
| Barber School | $140 | $170 | $185 |
| (2) Miscellaneous | | | | |
| Licensure of barber by reciprocity | $55 | $60 | $65 |
| Change in Barber Shop—inspection required | $90 | $115 | $125 |
| Change in Barber Shop—no inspection required | $40 | $45 | $50 |
| Reinspection after first fail—new or change (shop or school) | $90 | $75 | $82 |
| Verify license/permit/registration | $15 | $20 | $22 |
| Certification of student status or student training hours | $30 | $35 | $40 |
(b) An applicant for biennial renewal of a license, certificate or registration shall pay the following fees:
| | | May 1, 2022—
April 30, 2024 Biennial Renewal Fee | May 1, 2024—
April 30, 2026 Biennial Renewal Fee and thereafter |
|---|
| Barber | $109 | $160 | $184 |
| Barber Shop Manager | $161 | $215 | $260 |
| Barber Teacher | $174 | $225 | $270 |
| Barber Shop | $187 | $235 | $287 |
| Barber School | $291 | $340 | $391 |
[Pa.B. Doc. No. 22-375. Filed for public inspection March 11, 2022, 9:00 a.m.]
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