GENERAL GOVERNMENT CABINET

Board of Barbering

(Amendment)

 

      201 KAR 14:015. Retaking of examination.

 

      RELATES TO: KRS 317.440, 317.450, 317.570

      STATUTORY AUTHORITY: KRS 317.440(1)(e)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 317.440(1)(e) requires the Board of Barbering to promulgate administrative regulations pertaining to exam requirements. This administrative regulation establishes the requirements for an examinee who fails one (1) or more portions of the probationary examination and wishes to retake the exam.

 

      Section 1. Probationary License Examination Requirements. (1) An applicant shall pass each portion of the probationary examination with a score of at least seventy-five (75) percent.

      (2)(a) Except as provided by paragraphs (b) and (c) of this subsection, an applicant who does not successfully complete one (1) portion of the probationary exam may reapply to sit for the failed portion only.

      (b) A passing score on one (1) portion of the probationary exam shall only be used for a period of one (1) year to exempt the applicant from retaking that portion of the examination.

      (c)1. If an applicant has failed one (1) or more portions of the probationary examination two (2) consecutive times, the applicant shall be required to:

      a. Return to barber school licensed by the board for eighty (80) additional hours of training; and

      b. Retake the entire examination.

      2. Each unsuccessful attempt to pass the examination thereafter shall require the applicant to complete the conditions delineated in subparagraph 1. of this paragraph.

 

      Section 2. An examination fee shall be required for each examination, in accordance with 201 KAR 14:180.

 

      Section 3. Instructor License Examination Requirements. (1) An applicant who has failed one (1) or more portions of the instructor exam may reapply to sit for:

      (a) The entire exam; or

      (b) The failed portion or portions only.

      (2) A passing score on one (1) or more portions of the instructor exam shall only be used for a period of one (1) year to exempt the applicant from retaking that portion or portions of the examination.

 

SONJA MINCH, Administrator

      APPROVED BY AGENCY: May 13, 2016

      FILED WITH LRC: May 13, 2016 at noon

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 23, 2016, at 10:30 a.m. at 312 Whittington Parkway Suite 110 Louisville, Kentucky 40222. 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 the end of the day on June 30, 2016. 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: Sonja Minch, Administrator, Kentucky Board of Barbering, 312 Whittington Parkway Suite 110, Louisville, Kentucky 40222, phone (502) 429-7148, fax (502) 429-4149.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Sonja Minch

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes conditions if an examinee fails and assures examinees the opportunity of retaking the examination.

      (b) The necessity of this administrative regulation: This administrative regulation will add the language to require an examinee that fails twice to return to a Kentucky licensed school for the 80 hours.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: It sets the requirement for passing exams as established by KRS 317.440, KRS 317.450 and KRS 317.570.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: It will make an examinee that fails the Probationary Barber exam twice to return to a Kentucky licensed school for the 80 hours rather than a barber college in a different 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: It clarifies Section 1(2)(c) which requires an examinee who fails the exam twice to return to a barber school licensed by the board to complete an additional 80 hours of education.

      (b) The necessity of the amendment to this administrative regulation: Is to insure that students are learning what is required according to Kentucky curriculum and are being provided an overall refresher in order to be prepared for the exam.

      (c) How the amendment conforms to the content of the authorizing statutes: The board is authorized to promulgate administrative regulations governing examinations as established by KRS 317.440.

      (d) How the amendment will assist in the effective administration of the statutes: It will provide out of state students learning opportunity from a licensed Kentucky barber college.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately 188 students currently attending barber schools, 58 probationary licensees, and the 9 schools licensed with the board.

      (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: If an examinee fails the test twice they will have to return to a barber school licensed by the board to complete an additional 80 hours of education.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The board does not regulate the school tuition costs.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): They will know what they need to brush up on during the 80 hours in order to pass the exam the next time.

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

      (a) Initially: $0

      (b) On a continuing basis: $0

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: There will be no cost to implement this administrative regulation.

      (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 increase in fees will be necessary to implement this administrative regulation.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees nor does it increase any fees either directly or indirectly.

      (9) TIERING: Is tiering applied? Tiering is not applied to this regulation. This regulation does not distinguish between similarly situated individuals on the basis of any factor.

 

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? This administrative regulation will impact the Kentucky Board of Barbering.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 317.440(1)(e).

      (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.

      (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? $0

      (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? $0

      (c) How much will it cost to administer this program for the first year? $0

      (d) How much will it cost to administer this program for subsequent years? No new costs will be incurred to administer this administrative regulation for subsequent years.

      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: 201 KAR 14:015 will not create any new revenues for either the agency or State Government.