Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-03-119.

     Title of Rule: Chapter 308-20 WAC, Cosmetologists, barbers, manicurists, and estheticians, amending WAC 308-20-120 Written and performance examinations.

     Purpose: To amend the grading on the performance exam from a 76% passing grade on each section to an overall minimum passing grade of 75% with no section being scored lower than 40%.

     Statutory Authority for Adoption: RCW 18.16.030 and 43.24.023.

     Statute Being Implemented: RCW 18.16.030.

     Summary: Amend WAC 308-20-120 on grading the performance examination.

     Reasons Supporting Proposal: It is currently not possible to score a 76% passing grade in each section as required under the current rule.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rosie McGrew, 405 Black Lake Boulevard, Building 2, Olympia, WA 98502, (360) 664-6626.

     Name of Proponent: Department of Licensing, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Amends one rule to change the passing grade for the performance examination. It is currently not possible to score a 76% passing grade in each section as required under the current rule. The proposed rule will make it possible to score an overall minimum passing grade of 75% on the performance examination.

     Proposal Changes the Following Existing Rules: The proposed rule will amend subsections (2) and (3) of WAC 308-20-120 Written and performance examinations. This will amend the way the exam is currently graded from a required 76% passing grade for each section to a required overall minimum passing grade of 75% on the performance examination.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not impose any costs on businesses in the industry.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Building 2, Conference Room 102, Olympia, WA 98502, on March 25, 2003, at 1:30 p.m.

     Assistance for Persons with Disabilities: Contact Rosie McGrew by March 24, 2003, TTY (360) 664-8885 or (360) 664-6626.

     Submit Written Comments to: Rosie McGrew, Cosmetology Section, P.O. Box 9026, Olympia, WA 98507-9026, fax (360) 664-2550, by March 24, 2003.

     Date of Intended Adoption: March 26, 2003.

February 14, 2003

Trudie Touchette

Acting Administrator

OTS-6214.1

AMENDATORY SECTION(Amending WSR 02-04-012, filed 1/24/02, effective 6/30/02)

WAC 308-20-120   Written and performance examinations.   (1) When an applicant for examination as a cosmetologist, barber, manicurist, esthetician or instructor completes the course required in RCW 18.16.100 or meets the requirement to take the examinations described in RCW 18.16.130, the department shall administer or approve the administration of a written and performance license examination. The department may approve written or performance examinations given by department-approved examination providers.

     (2) The written and performance examinations for cosmetologist, barber, manicurist and esthetician shall ((be constructed to)) reasonably measure the applicant's knowledge of safe and sanitary practice. The performance examinations may be divided into skill sections. The overall minimum passing ((score)) grade for performance examinations shall be ((seventy-six)) seventy-five percent ((of each examination section or unit)) with no section being scored lower than forty percent. If an individual scores lower than forty percent in any one section, the entire performance examination must be retaken. The minimum passing ((score)) grade for the written examinations shall be seventy-six percent of the total examination questions.

     (3) The written and performance examinations for instructors shall be constructed to measure the applicant's knowledge of lesson planning and teaching techniques. The overall minimum passing ((score)) grade for the performance examination shall be eighty percent ((of each examination section or unit)). The minimum passing ((score)) grade for the written examination shall be eighty percent of the total examination questions.

     (((4) Performance examinations shall be divided into skills section or units.))

[Statutory Authority: RCW 18.16.030(2). 02-04-012, § 308-20-120, filed 1/24/02, effective 6/30/02. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, § 308-20-120, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030. 88-19-047 (Order PM 772), § 308-20-120, filed 9/14/88. Statutory Authority: 1984 c 208. 84-19-020 (Order PL 480), § 308-20-120, filed 9/12/84.]

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