WSR 06-02-048

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed December 29, 2005, 1:06 p.m. , effective February 1, 2006 ]


Effective Date of Rule: February 1, 2006.

Purpose: To revise chapter 308-20 WAC, regulating cosmetologists, barbers, manicurists, and estheticians, in preparation for the department's move to the national written examinations on February 1, 2006.

Citation of Existing Rules Affected by this Order: Amending WAC 308-20-120 Written and performance examinations and 308-20-210 Fees; and new section WAC 308-20-115 Reciprocity -- Persons licensed in other jurisdictions.

Statutory Authority for Adoption: RCW 18.16.030 and 43.24.086.

Adopted under notice filed as WSR 05-23-165 on November 23, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 2, Repealed 0.

Date Adopted: December 29, 2005.

Andrea C. Archer

Assistant Director

OTS-8499.1


NEW SECTION
WAC 308-20-115   Reciprocity -- Persons licensed in other jurisdictions.   The department shall issue a license to any person who is properly licensed in any state, territory, or possession of the United States, or foreign country if the applicant submits:

(1) Application;

(2) Fee;

(3) Proof that he or she is currently licensed in good standing as a cosmetologist, barber, manicurist, esthetician, instructor, or the equivalent in that jurisdiction;

(4) Provides proof that he or she has passed the director approved examinations with the minimum passing score approved by the director.

[]


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 director adopts the National-Interstate Council of State Boards of Cosmetology (NIC) examinations as the approved written and performance examinations required for applicants.

(3) 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.

(3))) (4) 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.))

(5) In order to be eligible for licensure, a license applicant must pass both the written and performance examinations in the practice for which they are applying.

(6) The minimum passing score for both the written and performance examinations in all practices is a scaled score of 75.

[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))
Reciprocity license $ 40.00
Renewal (two-year license) 40.00
Late renewal penalty 20.00
Duplicate license 15.00
Certification 25.00
Instructor:
((Examination application 30.00))
Reciprocity license 40.00
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))
Reciprocity license 40.00
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))
Reciprocity license 40.00
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))
Reciprocity license 40.00
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.]