WSR 04-24-010



[ Filed November 22, 2004, 10:24 a.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, Regulating cosmetologists, barbers, manicurists and estheticians, new section WAC 308-20-123 Examination appeal.

Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Building 2, Conference Room 209, Olympia, WA 98502, on January 10, 2005, at 2:00 p.m.

Date of Intended Adoption: January 11, 2005.

Submit Written Comments to: Rosie McGrew, Cosmetology Program, P.O. Box 9026, Olympia, WA 98507, e-mail, fax (360) 570-4967, by January 7, 2005.

Assistance for Persons with Disabilities: Contact Rosie McGrew by January 7, 2005, TTY (360) 664-8885 or (360) 664-6626.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To make the emergency rule that was filed under WSR 04-23-002 permanent. The proposed rule will add a new section to chapter 308-20 WAC establishing a procedure for appealing an examination failure.

Reasons Supporting Proposal: RCW 18.16.030(7) requires the department to establish by rule the procedures for an appeal of an examination failure.

Statutory Authority for Adoption: RCW 18.16.030, 43.24.023.

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, (360) 664-6626; Implementation: Rosie McGrew, 405 Black Lake Boulevard, Olympia, WA, (360) 664-6626; and Enforcement: Susan Colard, 405 Black Lake Boulevard, Olympia, WA, (360) 664-6626.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses.

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

November 22, 2004

Trudie Touchette



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.


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