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PA Bulletin, Doc. No. 04-476




[49 PA. CODE CH. 3]

Deletion of Examination Fees

[34 Pa.B. 1574]

   The State Board of Barber Examiners (Board) amends §§ 3.41, 3.45 and 3.103 (relating to applications for examinations; retaking examination; and fees) to read as set forth in Annex A.

A.  Effective date

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

B.  Statutory Authority

   The final-form rulemaking is authorized under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and sections 6 and 14 of the Barber License Law (act) (63 P. S. §§ 556 and 564).

C.  Background and Purpose

   The amendment to § 3.41 deletes outdated provisions related to applying to take the examination. Applications are no longer sent to the Board. Applications are sent to the testing organization. To avoid confusing applicants, the Board is removing this provision. The Board is also removing the requirement that the application include a notarized statement from a physician indicating that the student is free from contagious and infectious diseases. This provision has become outdated because the requirement for a statement was removed from the act by the legislature in 2002. The amendment to § 3.45 deletes an outdated provision that allows applicants who fail an examination to request a personal interview with the Board to review the examination papers. The Board no longer administers the examination and is not permitted to view the exam. The Board is removing this provision as it is no longer applicable to the examination process. The amendment to § 3.103 deletes references to the fees for the theory and practical examination for barbers and barber teachers and the theory examination for managers. These fees are set by the administrators of the examinations, not by the Board. To avoid the necessity of amending the regulations whenever the examination administrator changes the fees, the Board is deleting references to the examination fees.

D.  Summary of Comments and Responses on Proposed Rulemaking

   Notice of the proposed rulemaking was published at 32 Pa.B. 5416 (November 2, 2002). Publication was followed by a 30-day public comment period during which the Board received no public comments. Following the close of the public comment period, the Board received comments from the Independent Regulatory Review Commission (IRRC). The House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment. The following is a response to the comments.

Section 3.41(a)

   IRRC commented that this subsection required applications for examinations to be filed with the Board. However, the Board's website instructs applicants to submit applications directly to the testing organization. This subsection has become outdated, as procedures for applying to take the exam have changed. IRRC recommended that the Board incorporate any changes to this section into the final-form rulemaking. The Board agrees and has amended this section accordingly.

Section 3.45(b)

   IRRC commented that this subsection stated that applicants may request a personal interview with the Board for review of examination papers. However, the Board does not administer the examination and no longer provides opportunities for personal interviews. This subsection has become outdated, as the Board no longer has any part in administering or grading the examination. IRRC recommended that the Board incorporate any changes to this section into the final-form rulemaking. The Board agrees and has amended this section accordingly.

E.  Fiscal Impact and Paperwork Requirements

   The final-form rulemaking will have no fiscal impact on the Commonwealth or its political divisions. The final-form rulemaking will avoid preparation of new regulations each time that an examination fee is changed and should not create additional paperwork for the private sector.

F.  Sunset Date

   The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.

G.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 17, 2002, the Board submitted a copy of the notice of proposed rulemaking, published at 32 Pa.B. 5416, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.

   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. 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 January 27, 2004, the final-form rulemaking was approved by the HPLC. On February 11, 2004, the final-form rulemaking was approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on February 12, 2004, and approved the final-form rulemaking.

H.  Contact Person

   Further information may be obtained by contacting Sara Sulpizio, Administrative Assistant, State Board of Barber Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3402,

I.  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 all comments were considered.

   (3)  The final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 32 Pa.B. 5416.

   (4)  The final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in Part B of this Preamble.

J.  Order

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

   (a)  The regulations of the Board, 49 Pa. Code Chapter 3, are amended by amending §§ 3.41, 3.45 and 3.103 to read as set forth in Annex A.

   (Editor's Note: The amendments to §§ 3.41 and 3.45 were not included in the proposal published at 32 Pa.B. 5416.)

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

   (c)  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 take effect on publication in the Pennsylvania Bulletin.


   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 1297 (February 28, 2004).)

   Fiscal Note:  Fiscal Note 15-425 remains valid for the final adoption of the subject regulations.

Annex A






§ 3.41.  Applications for examinations.

   An examination application shall include payment of the fee and a notarized statement certifying the completion of the hours of instruction, from either a barber school or a barber-teacher or manager-barber with whom the student has studied and trained.

§ 3.45.  Retaking examination.

   If an applicant fails the written or the practical test, the applicant is required to retake the portion which was failed within 1 year. Both portions of the examination shall be retaken if the applicant does not pass the entire examination during the 1-year period following the initial testing.


§ 3.103.  Fees.

   The schedule of fees charged by the Board is as follows:

Licensure of barber, barber shop manager or barber teacher $10
Licensure of barber by reciprocity $20
Licensure of barber shop $55
Licensure of barber school $280
Biennial renewal of barber license $42
Biennial renewal of barber shop manager license $62
Biennial renewal of barber teacher license $67
Biennial renewal of barber shop license $72
Biennial renewal of barber school license $112
Change in barber shop--inspection required $55
Change in barber shop--no inspection required $15
Reinspection after first fail--new or change (shop or school) $40
Verify license/permit/registration $15
[Pa.B. Doc. No. 04-476. Filed for public inspection March 19, 2004, 9:00 a.m.]

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