WSR 18-18-083
[Filed September 4, 2018, 12:21 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-10-086.
Title of Rule and Other Identifying Information: Chapter 308-20 WAC, Cosmetology, hair design, barber, esthetics and manicuring.
Hearing Location(s): On October 9, 2018, at 10:30 a.m., at Valley View Library, 17850 Military Road South, SeaTac, WA 98188.
Date of Intended Adoption: October 10, 2018.
Submit Written Comments to: Cameron Dalmas, P.O. Box 9026, Olympia, WA 98507, email, fax 360-664-2550, by October 8, 2018.
Assistance for Persons with Disabilities: Contact Cameron Dalmas, phone 360-664-6643, fax 360-664-2550, TTY 711, email, by October 8, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed language amends rules to allow the department to:
-Establish and administer a trust recovery fund no later than January 2019 to provide relief to students in the event of a school closure;
-Adopt a schedule for collecting fees to reach the amount determined within five years from the effective date of the act.
Reasons Supporting Proposal: E2SHB 1439 was passed during the 2018 legislative session requiring the department of licensing to establish rules.
Statutory Authority for Adoption: Section 9, E2SHB 1439, RCW 18.16.030, 43.24.086.
Statute Being Implemented: Chapter 18.16 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, cosmetology program, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Susan Colard, 405 Black Lake Boulevard S.W., Olympia, WA 98502, 360-664-6647.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The department is exempt under RCW 34.05.328 and this rule making does not qualify as a significant legislative rule or other rule requiring a cost-benefit analysis.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. This rule proposal, or portions of the proposal, is exempt under RCW 19.85.030 (1)(a) because it does not impose more-than-minor costs on businesses as defined in RCW 19.85.020. This rule establishes a fee for cosmetology schools for the purposes of funding a tuition recovery trust fund as required in E2SHB 1439 (2018). The proposed fee will be sixteen hundredths of a percent (.16% or .0016) of annual tuition which is less than the definition of minor costs, or three-tenths of one percent (.3% or .003) of annual revenue or income, as defined in RCW 19.85.020.
September 4, 2018
Damon Monroe
Rules Coordinator
WAC 308-20-580Tuition recovery trust fund (TRTF).
(1) TRTF funding.
(a) Upon submission of an initial school license application, a deposit of three hundred dollars into the TRTF is required. A change in school location does not exempt the school from the initial application deposit.
(b) Upon submission of a renewal application, a deposit of .16% (.0016) of the school's gross annual tuition for the previous calendar year into the TRTF is required.
(c) Renewal applications for schools whose gross annual tuition for the previous calendar year is zero, will be required to deposit twenty-five dollars into the TRTF.
(d) Failure to submit a deposit is grounds for denial of a renewal application.
Initial application deposit
Renewal deposit
.16% of previous calendar year gross annual tuition
Renewal deposit (if gross annual tuition is zero)
(2) The department shall periodically review the fund balance to ensure the fund is of a sufficient balance.
(3) The department will attempt to notify all potential claimants within thirty days of receiving closure notification from a school.
(4) Students will have three years from the last date of attendance at the school to file a claim. Claims must be submitted in writing to the department of licensing.
(5) After verification and review, the department shall disburse funds from the TRTF to settle claims for an amount up to the value of unearned prepaid tuition.
(6) Schools will notify students of the TRTF program.