GENERAL GOVERNMENT CABINET

Board of Barbering

(Amendment)

 

††††† 201 KAR 14:150. School records.

 

††††† RELATES TO: KRS 317.410, 317.450, 317.540

††††† STATUTORY AUTHORITY: KRS 317.430, 317.440(1)(b)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 317.440(1)(b) requires the Kentucky Board of Barbering to promulgate administrative regulations to govern quantity and quality of equipment, supplies, materials, records, and furnishings required in barber shops or schools. This administrative regulation establishes requirements for school records.

 

††††† Section 1. A monthly attendance record of the entire enrollment, including full-time and part-time students and instructors, shall be kept by the schools and received at the board office not later than the tenth calendar day of each month.

††††† (1) A barber school shall be held fully responsible for the completeness and accuracy of the attendance record, which shall show the total hours obtained for the previous month and the total accumulated hours to date for all students and instructors.

††††† (2) Only the hours recorded shall be submitted each month. The report shall not be amended without proof of error, and shall be available for inspection.

††††† (3) A copy of the student's daily attendance record for the month of graduation through the date of a student's graduation shall be submitted with the student's certification of hours as part of the application for examination upon completion of the course.

 

††††† Section 2. A copy of the monthly attendance record, as provided to the board office, shall be posted monthly on a bulletin board in the school so it is available at all times to the students, employees, board members, or agents of the board.

 

††††† Section 3. (1) Barber schools shall be required to keep a record of a student's daily work, approved and signed by the instructor of each student's practical work, work performed on clinic patrons, and classroom work.

††††† (2) This record shall be available for inspection and shall be included:

††††† (a) With the studentís certification of hours and application for examination, upon completion of the course; or

††††† (b) With the certification of hours:

††††† 1. If a student withdraws or is dismissed from school; or

††††† 2. Upon the closure of a school.

 

††††† Section 4. (1) A detailed record shall be kept of all enrollments, withdrawals, dismissals, and graduations.

††††† (2) Certification of hours completed, including a copy of the student's daily attendance record for the month of graduation through the date of a student's graduation, shall be forwarded with all records of a student's daily work, to the office of the board within ten (10) calendar days of a student's withdrawal, dismissal, graduation, or closure of the barber school. Completed course hours provided to the board office shall be accurate and shall be recorded in the student's file.

††††† (3) Completed course hours submitted to the board shall be transferable to another barbering school for no more than five (5) years.

††††† (4) Records filed with the board shall be maintained for five (5) years, then destroyed in accordance with the boardís retention schedule on file with the State Archives and Records Commission.

 

††††† Section 5. (1) All records shall be kept in a lockable file on the premises of the school and shall be available for inspection.

††††† (2) The security of all records shall be the responsibility of the school.

††††† (3) Records shall be locked if not in use or during nonbusiness hours.

 

††††† Section 6. A school shall immediately produce a copy of any record maintained under this administrative regulation when requested by the board.

 

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 28, 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 regulation establishes what records that a barber school must maintain.

††††† (b) The necessity of this administrative regulation: The regulation is necessary to identify what records are to be maintained by a barber school.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 317.440(1)(b) authorizes the Kentucky Board of Barbering to promulgate administrative regulations to govern records required to be maintained by a barber school.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation establishes what records are to be maintained by a barber school.

††††† (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: The amendment clarifies that completed educational hours are transferable and school records are to be immediately produced to the board.

††††† (b) The necessity of the amendment to this administrative regulation: The amendment is necessary because the board has been hindered in its investigations when requesting school records.

††††† (c) How the amendment conforms to the content of the authorizing statutes: KRS 317.440(1)(b) authorizes the Kentucky Board of Barbering to promulgate administrative regulations to govern records required to be maintained by a barber school.

††††† (d) How the amendment will assist in the effective administration of the statutes: This amendment will assist the board in having access to school records when necessary and the records are accurate.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Nine (9) barber schools.

††††† (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: Barber schools are not required to satisfy any new requirements.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There is no new cost associated with this regulation.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The board will have the accurate number of educational hours completed by a student at a barber school.

††††† (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: $0

††††† (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 or funding will be necessary.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: There are no fees established.

††††† (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? 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 317.430, 317.440(1)(b)

††††† (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. $0

††††† (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? The board does not believe that there will be a significant increase in revenue 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? The board does not believe that there will be a significant increase in revenue generated.

††††† (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? $0

††††† 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: The amendment is a recordkeeping regulation and does not generate any revenue.