NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE BOARD OF BARBERS AND HAIRDRESSERS

Brief Description: The Board of Barbers and Hairdressers proposes to update regulations regarding examination application requirements and fees no longer administered by the board; updating courtesy licenses for guest artists; simplifying requirements for out-of-state instructors; and updating school and curriculum requirements for estheticians.

The Board of Barbers and Hairdressers (Board) proposes to adopt regulation changes in Title 12, Chapter 09 of the Alaska Administrative Code including the following:

1.  12 AAC 09.002. Review of license applications, is proposed to be changed to amend certain           application requirements and remove references to examination fees no longer administered by the board.

2.  12 AAC 09.004. Courtesy license, is proposed to be amended to allow a guest artist practicing body piercing, tattooing, or permanent cosmetic coloring to apply for up to two courtesy licenses in a calendar year; and to simplify language relating sponsor requirements.

3.12 AAC 09.005. Application for examination, is proposed to be repealed and readopted to update the examination process no longer administered by the Board directly.

4.12 AAC 09.010. Examination dates, is proposed to be repealed as the board no longer sets the dates for examinations.

5.12 AAC 09.075. Reexamination, is proposed to be amended to reflect that the board is no longer responsible for setting examination dates.

6.12 AAC 09.106. Instructor license requirements, is proposed to be changed by removing the requirements for out-of-state instructors to hold a license in Alaska before an application for an instructor license is submitted.

7.12 AAC 09.162. Equipment for esthetics schools, is proposed to be amended to remove the reference to dermal lights as available equipment for estheticians.

8.12 AAC 09.163, Esthetics school curriculum, is proposed to be amended to remove the reference to dermal lights as available equipment for estheticians.

9.12 AAC 09.185. Trainees in body piercing, or tattooing and permanent cosmetic coloring, is proposed to be amended by updating the deadline to submit completed training documentation from 30 days to five days, aligning this section to the requirements of other provisions of this chapter, and removing permanent cosmetic coloring from tattoo training.

10.12 AAC 09.190. Apprentices of barbering, hairdressing, and esthetics, is proposed to be amended to reflect the changes to 12 AAC 09.185, removing confusing language, and clarifying the timeframe for submission of documents as being within five days of completion.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Alison Osborne, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link. The comments must be received not later than 4:30 p.m. on September 29, 2023. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Alison Osborne, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofBarbersHairdressers.aspx  The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov, no later than September 22, 2023, to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/BAH-0223.pdf.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.

Statutory Authority: AS 08.01.062; AS 08.13.030; AS 08.13.040; AS 08.13.070; AS 08.13.080; AS 08.13.082; AS 08.13.090; AS 08.13.100; AS 08.13.110; AS 08.13.180.

Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.062; AS 08.13.030; AS 08.13.040; AS 08.13.070; AS 08.13.080; AS 08.13.082; AS 08.13.090; AS 08.13.100; AS 08.13.110; AS 08.13.180.

Fiscal Information:  The proposed regulation changes are not expected to require an increased appropriation.

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation.  The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code.  If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

DATE:           August 29, 2023                             
 Alison Osborne, Regulations Specialist,
Division of Corporations, Business and Professional Licensing

ADDITIONAL REGULATION NOTICE INFORMATION

(AS 44.62.190(d))

1.   Adopting agency:  Board of Barbers and Hairdressers – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2.   General subject of regulation: update regulations regarding examination application requirements and fees no longer administered by the board; updating courtesy licenses for guest artists; simplifying requirements for out of state instructors; updating school and curriculum requirements for estheticians.

3.   Citation of regulation:  12 AAC 09.002; 12 AAC 09.004; 12 AAC 09.005; 12 AAC 09.010; 12 AAC 09.075; 12 AAC 09.106; 12 AAC 09.162; 12 AAC 09.163; 12 AAC 09.185; 12 AAC 09.190.

4.   Department of Law file number: 2023200254.

5.   Reason for the proposed action: Update and clarification of current regulations.

6.   Appropriation/Allocation:  Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:
    A private person:. An applicant for a board-regulated profession will have to pay examination fees          charged by the board's contractor. However, the applicant will no longer have to pay a department assessed fee.
        Another state agency:  None known.
     A municipality:  None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars):
        No costs are expected in FY 2024 or in subsequent years.

9.   The name of the contact person for the regulation:
   Cynthia Spencer
      Occupational Licensing Examiner
      Board of Barbers and Hairdressers
     Division of Corporations, Business and Professional Licensing
      Telephone: (907) 465-2591
     E-mail: BoardofBarbersHairdressers@Alaska.Gov

10.   The origin of the proposed action:  Board of Barbers and Hairdressers.

11.   Date:           August 29, 2023                          
          Prepared by:      Alison Osborne,  Regulations Specialist