RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF COSMETOLOGY
[49 PA. CODE CH. 7]
Examination Fees
[29 Pa.B. 4783] 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 sections 13(b) and 16(a) of the Cosmetology Law (act) (63 P. S. §§ 519(b) and 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 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. All persons affected by the amendments, however, have been or will be given actual notice of the Board's intention to amend the regulation in advance of final rulemaking under section 204(2) of the CDL (45 P. S. § 1204(2)).
Compliance 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 directives 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 adopted under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 16 of the act (63 P. S. § 522).
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 the actual costs of the examination.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on July 12, 1999, the Board submitted a copy of the regulation with proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. On the same date, the amendment was submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506). In accordance with section 5(e) of the Regulatory Review Act, the amendment was deemed approved by the House and Senate Committees on August 1, 1999. IRRC met on August 19, 1999, and approved the amendment.
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 (45 P. S. §§ 1201 and 1202), has been omitted under the authority contained in section 204(3) of the CDL (45 P. S. § 1204(3)), 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 amendment as adopted by this order have been or will be given actual notice of the Board's intention to amend the regulation in advance of final rulemaking under section 204(2) of the CDL (45 P. S. § 1204(2)).
(3) The amendment of the regulations 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 on and after September 1, 1999.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 4750 (September 4, 1999).
CAROL T. MICCICHE,
ChairpersonFiscal Note: 16A-457. 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 manager theory examination is $31. The fee for each portion of an examination is:
Theory examination $31 Performance examination (not applicable to managers) $28 (b) Effective September 1, 1999, the fee for the complete cosmetologist, cosmetician, manicurist or teacher examination is $71. The fee for the manager theory examination is $31. The fee for each portion of an examination is:
Theory examination $41 Performance examination (not applicable to managers) $30 (c) 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. 99-1532. Filed for public inspection September 10, 1999, 9:00 a.m.]
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