GENERAL GOVERNMENT CABINET

Kentucky Board of Hairdressers and Cosmetologists

(Amendment)

 

††††† 201 KAR 12:083. Educational requirements.

 

††††† RELATES TO: KRS 317A.050, 317A.140, 317B.025(1)(c), (4)(c)

††††† STATUTORY AUTHORITY: KRS 317A.060, 317B.020(3)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.050, 317A.060, and 317B.020 require the board to promulgate administrative regulations governing the operation of schools of cosmetology and esthetics, including the proper education and training of students. This administrative regulation establishes proof of education and other enrollment requirements.

 

††††† Section 1. (1) Any person enrolling in a school for a cosmetology, nail technician, or esthetics course shall complete a Student Enrollment Application provided by the board.

††††† (2) The applicant shall furnish proof that the applicant has:

††††† (a) A high school diploma, unless the applicant is enrolled in a board approved cosmetology program in an approved Kentucky high school;

††††† (b) A General Educational Development (GED) diploma; or

††††† (c) Results from the Test for Adult Basic Education indicating a score equivalent to the twelfth grade of high school.

††††† (3) The applicant shall provide with the application a passport style photograph taken within thirty (30) days before submitting the application.

††††† (4) A student enrolling in a school of cosmetology who desires to transfer hours from another state shall provide to the board prior to enrollment certification from the state agency that governs the school where the credit hours have been acquired. Hours shall not be accepted without certification from an appropriate state agency.

 

††††† Section 2. (1) The Student Enrollment Application, accompanied by the applicant's proof of education, shall be received by the board no later than ten (10) working days after the studentís date of enrollment.

††††† (2) A student shall not receive credit hours if the application is not received within the ten (10) day period.

††††† (3) The school shall forward to the board the enrollment application and proof of education so that the board receives the information no later than ten (10) working days after the student date of enrollment.

††††† (4) Failure of the school to timely forward the information to the board may result in suspension or revocation of the school's license or a fine of twenty-five (25) dollars a day for every day the application is late.

 

††††† Section 3. (1) A person shall not be permitted to enroll in a school of cosmetology for a brush-up course unless the applicant:

††††† (a)[The applicant] Holds a current license issued by this board; or

††††† (b)[The applicant] Has obtained special permission from the board.

††††† (2) The applicant shall complete the Student Enrollment Application.

 

††††† Section 4. Incorporation by Reference. (1) "Student Enrollment Application", January 30, 2013, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky State Board of Hairdressers and Cosmetologists, 111 St. James Court, Suite A, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

BEA COLLINS, President

††††† APPROVED BY AGENCY: April 13, 2015

††††† FILED WITH LRC: April15, 2015 at 10 a.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 21, 2015, at 10: am, at the boards office located at 111 St. James Court, Suite A, and Frankfort Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business on June 1, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

††††† CONTACT PERSON: Charles Lykins, Administrator, Kentucky State Board of Hairdressers and Cosmetologists, 111 St. James Court, Suite A, Frankfort Kentucky 40601, phone (502)-564-4262, fax (502)564-0481.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Charles Lykins

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This regulation sets out the requirements for any student enrolling in a school of cosmetology who wishes to transfer acquired clock hours from another state.

††††† (b) The necessity of this administrative regulation: This regulation is required to comply with KRS 317A.060 and 317B.020(3).

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation is in conformity with the authorizing statutes that require the board to promulgate administration governing the operation of schools of cosmetology and esthetics, including training of students.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation sets out the requirements for students wishing to transfer certified hours of training from another state.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: This amendment gives direction to any student wishing to enroll in a school of cosmetology that wishes to transfer certified hours of training prior to enrollment.

††††† (b) The necessity of the amendment to this administrative regulation: This requirement would ensure that students transferring hours from another state get credit for hours previously obtained, prior to enrolling in a school of cosmetology.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The statute requires the board to promulgate administrative regulations that govern cosmetology schools. This amendment is in conformity with statutory dictates.

††††† (d) How the amendment will assist in the effective administration of the statutes: This amendment will ensure that students enrolling in cosmetology school received full credit for training hours gained in another state.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The board enrolls approximately fifty (50) students annually that wish to transfer hours obtained in another state.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: All students transferring hours obtained from another state will have to submit all certifications of hours to the board prior to enrolling in a school of cosmetology.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): None

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Validation and credit of training hours previously obtained in another state.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: None

††††† (b) On a continuing basis: None

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: No funding required.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No fees or cost for this amendment.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administration does not establish fees or directly or in directly increases any fee.

††††† (9) TIERING: Is tiering applied? Tiering was not applied as the regulation is applicable to all applicants.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky State Board of Hairdressers and Cosmetologist.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 317A and 317B.020.

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. No new revenue will be generated.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No new revenue will be generated.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No revenue will be generated.

††††† (c) How much will it cost to administer this program for the first year? None

††††† (d) How much will it cost to administer this program for subsequent years? None

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: