Purpose: Add new section to chapter 308-20 WAC regulating cosmetologists, barbers, manicurists and estheticians. The purpose is to add a new section, which will establish a procedure for appealing an examination failure.
Citation of Existing Rules Affected by this Order: New section WAC 308-20-123 Examination appeal.
Statutory Authority for Adoption: RCW 18.16.030, 43.24.023.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: RCW 18.16.030(7) requires the department to establish by rule the procedures for an appeal of an examination failure. Currently there is not an appeals process in rule. The department believes that in the best interest of the public an appeals process must be established immediately.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 4, 2004.
WAC 308-20-123 Examination appeal. (1) An applicant who has received a failing score on the written or practical examination shall be eligible to appeal to the department for a review of the examination results. The department shall only consider appeals regarding significant procedural errors or adverse environmental conditions during the test administration.
(2) The appeal shall be filed with the department within fifteen days after the date of notification of examination results. The appeal shall be made in writing, and shall state the reason for appeal.
(3) The review of the appeal shall be conducted by one or more department staff, or the department's designee, to determine if there is clear and convincing evidence to sustain the applicant's appeal. The director or director's designee shall make the final determination on the appeal.
(4) Within thirty days after the department has made a determination on the appeal, the applicant shall be notified in writing of the results.
(5) In acting on appeals, the department may take such action as it deems appropriate.