WSR 05-21-106

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 18, 2005, 3:50 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Chapter 308-20 WAC, Cosmetologists, barbers, manicurists and estheticians; amending WAC 308-20-120 Written and performance examinations and 308-20-210 Fees.

Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Olympia, WA 98502, on November 22, 2005, at 1:00 p.m.

Date of Intended Adoption: November 23, 2005.

Submit Written Comments to: Sandra Gonzales, Department of Licensing, Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, e-mail sgonzales@dol.wa.gov, fax (360) 570-4957, by November 21, 2005.

Assistance for Persons with Disabilities: Contact Sandra Gonzales by November 21, 2005, TTY (360) 664-8885 or (360) 664-6649.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Department of Licensing will be moving to a national written exam for cosmetologists, barbers, manicurists, and estheticians on or after January 1, 2006.

WAC 308-20-120 Written and performance examinations, on the national examination each question may be worth different points. In keeping with national standards of the way the examination is graded we are proposing that the examination be graded on the percent of total number of points available instead of the total number of questions.

WAC 308-20-210 Fees, the department is removing written examination application and written examination retake fees. These fees will be paid directly to the third-party examiner.

Reasons Supporting Proposal: Eliminating the written examination application and examination retake fees will still ensure that there is a sufficient level of revenue to maintain a reasonable fund balance and to defray program administration costs as required under RCW 43.24.086. Grading by the total points available will be fair and equitable to all examinees and will keep the grading process of the exam in line with national standards.

Statutory Authority for Adoption: RCW 18.16.030 and 43.24.086.

Statute Being Implemented: RCW 18.16.030.

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

Name of Proponent: Department of Licensing, governmental.

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

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Washington State Department of Licensing is not a named agency, therefore, exempt from this provision.

October 18, 2005

Andrea C. Archer

Assistant Director

OTS-8434.2


AMENDATORY SECTION(Amending WSR 03-14-046, filed 6/24/03, effective 7/25/03)

WAC 308-20-120   Written and performance examinations.   (1) 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 reasonably measure the applicant's knowledge of safe and sanitary practice. The performance examinations may be divided into skill sections. The overall minimum passing grade for performance examinations shall be seventy-five percent 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 grade for the written examinations shall be seventy-six percent of the total examination ((questions)) points available.

(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 grade for the performance examination shall be eighty percent. The minimum passing grade for the written examination shall be eighty percent of the total examination ((questions)) points available.

[Statutory Authority: RCW 18.16.030 and 43.24.023. 03-14-046, 308-20-120, filed 6/24/03, effective 7/25/03; 03-08-043, 308-20-120, filed 3/27/03, effective 4/27/03. 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.]


AMENDATORY SECTION(Amending WSR 03-14-046, filed 6/24/03, effective 7/25/03)

WAC 308-20-210   Fees.   In addition to any third-party examinations fees, the following fees shall be charged by the professional licensing division of the department of licensing:

Title of Fee Fee
Cosmetologist:
((Written examination application $ 25.00))
((Written examination retake 25.00))
Renewal (two-year license) 40.00
Late renewal penalty 20.00
Duplicate license 15.00
Certification 25.00
Instructor:
((Examination application 30.00))
Renewal (two-year license) 40.00
Late renewal penalty 20.00
Duplicate license 15.00
Certification 25.00
Manicurist:
((Written examination application 25.00))
((Written examination retake 25.00))
Renewal (two-year license) 40.00
Late renewal penalty 20.00
Duplicate 15.00
Certification 25.00
Esthetician:
((Written examination application 25.00))
((Written examination retake 25.00))
Renewal (two-year license) 40.00
Late renewal penalty 20.00
Duplicate 15.00
Certification 25.00
Barber:
((Written examination application 25.00))
((Written examination retake 25.00))
Renewal (two-year license) 40.00
Late renewal penalty 20.00
Duplicate license 15.00
Certification 25.00
School:
License application 175.00
Renewal (one-year license) 175.00
Late renewal penalty 175.00
Duplicate 15.00
Curriculum review 15.00
Salon/shop:
License application 50.00
Renewal (one-year license) 50.00
Late renewal penalty 50.00
Duplicate license 15.00
Mobile unit:
License application 50.00
Renewal (one-year license) 50.00
Late renewal penalty 50.00
Duplicate license 15.00
Personal services:
License application 50.00
Renewal (one-year license) 50.00
Late renewal penalty 50.00
Duplicate license 15.00

[Statutory Authority: RCW 18.16.030 and 43.24.023. 03-14-046, 308-20-210, filed 6/24/03, effective 7/25/03. Statutory Authority: RCW 18.16.030 and 43.24.086. 03-06-054, 308-20-210, filed 2/28/03, effective 4/1/03. Statutory Authority: RCW 18.16.030, 43.24.086, and 43.135.055. 02-09-040, 308-20-210, filed 4/12/02, effective 1/1/03. Statutory Authority: Chapter 18.16 RCW. 92-15-087, 308-20-210, filed 7/17/92, effective 8/17/92. Statutory Authority: Chapter 18.16 RCW and RCW 34.05.220. 92-04-006, 308-20-210, filed 1/23/92, effective 2/23/92. Statutory Authority: RCW 18.16.030 and 43.24.086. 90-07-030, 308-20-210, filed 3/14/90, effective 4/14/90. Statutory Authority: RCW 43.24.086. 87-10-028 (Order PM 650), 308-20-210, filed 5/1/87.]

Washington State Code Reviser's Office