Administrative Rule Review Report  #AR09-042

Legislative Service Office

28-Jul-09

AGENCY: Board of Barber Examiners.

DATE SUBMITTED: July 24, 2009.

SUBJECT: Chapter 2, Sanitary Rules; Chapter 3, Fees; Chapter 4, General Provisions; Chapter 5, Schools; Chapter 6, Instructors; Chapter 7, Student and Student Instructors; Chapter 8, Course of Study; and Chapter 9, Mobile Barber Shop.

NATURE OF RULES:   Legislative, procedural

STATUTORY AUTHORITY:   W.S. 33-7-101 through 33-7-211

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES:  The rules being amended establish the requirements for licensure as a barber, barber shop, instructor and barber school.  Chapter 2 of the rules regarding sanitation is revised to update sanitation standards and to include barber schools.  Chapter 3 of the rules is revised to update certain fees and to add late fees, fees for certification of records and mailing lists and fees for licensure as a mobile shop and barber instructor.

The rules as submitted also add new chapters to the rules.  Chapter 4 is a new chapter which provides general provisions applicable to the act.  Chapter 5 is a new chapter and establishes the requirements for licensure as a barber school.  Chapter 6 is a new chapter and establishes requirements for instructors while teaching at a barber school.  Chapter 7 is a new chapter and provides standards for students and student instructors and requires schools to keep certain records and make reports to the Board of Barber Examiners.  Chapter 8 is a new chapter and establishes the required curricula for barbers, barber stylists and student instructors.  Chapter 9 is a new chapter and provides the requirements for licensure as a mobile barber shop.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/