Notice of proposed changes relating to the licensure of nail technicians,hairdressers, and the practice of manicuring in the regulations of the board ofBarbers and Hairdressers

Brief Description:  The Board of Barbers and Hairdressers proposesto update various regulations relating to the licensure of nail technicians andhairdressers, and the practice of manicuring, to implement changes made in AS08.13 by Chapter 27, SLA 2015 (HB 131).

The Board of Barbersand Hairdressers (Board) proposes to adopt regulation changes in Title 12,Chapter 09, of the Alaska Administrative Code, dealing with review of license application, applicationfor examination, transitional provisions for licensees and endorsement holders,content and grading criteria for hairdressers and nail technicians, barbers orhairdressers license by examination, instructor license requirements, nailtechnician license by examination and waiver, shop owner license,verifications, requirements for school license, school curriculum, equipment forschools, student permits, apprentices, definition of terms, and otherprovisions as necessary to implement the changes made in AS 08.13 by Chapter27, SLA 2015 (HB 131), including the following:

1. 12 AAC 09.002, Review of license applications, is proposed to be changed to alter the requirements for review of license applications.  

2. 12 AAC 09.003, Transitional licensure, is proposed to be repealed due to obsolete provisions. 

3. 12 AAC 09.005, Application for examination, is proposed to be changed to alter the provisions relating to the application for examination by adding nail technician. 

4. 12 AAC 09.006, Transitional provisions for licensees and endorsement holders, is a proposed new section that establishes transitional provisions that apply to a person who holds a valid license to continue to engage in the practice of manicuring under the license until the license expires normally under AS 08.13. 

5. 12 AAC 09.060, Content and grading criteria for hairdresser examination, is proposed to be changed to alter the name of the national test.  

6. 12 AAC 09.066, Content and grading criteria for advanced manicurist endorsement, is proposed to be changed to alter the section title to read “Content and grading criteria for nail technician”, and to change the examination provisions to a nail technician license. 

7. 12 AAC 09.090, Barber or hairdresser license by examination, is proposed to be changed to alter the requirements for barber or hairdresser license by examination by repealing certain provisions. 

8. 12 AAC 09.106, Instructor license requirements, is proposed to be changed to eliminate the provisions related to advanced manicurist instructor license requirements.  

9. 12 AAC 09.108, Advanced manicurist endorsement by examination, is proposed to be changed to alter the section title to read “Nail technician license by examination”, and to change the examination provisions to a nail technician license.  

10. 12 AAC 09.109, Advanced manicurist endorsement by waiver, is proposed to be changed to alter the section title to read “Nail technician license by waiver”, and to change the licensure requirement provisions to a nail technician license. 

11. 12 AAC 09.110, Shop owner license, is proposed to be changed to include department representative to inspect a shop at any time during working hours. 

12. 12 AAC 09.115, Verifications, is proposed to be changed to alter the provisions related to verification of licensed work experience or training by including licensed nail technician.  

13. 12 AAC 09.125, Requirements for school license; renewal requirements, is proposed to be changed to alter the requirements for a school license. 

14. 12 AAC 09.144, Manicuring school curriculum, is proposed to be repealed.  This section is proposed to be moved to section 12 AAC 09.148.     

15. 12 AAC 09.146, Equipment for schools teaching advanced manicuring, is proposed to be changed to alter the section title to read “Equipment for schools teaching manicuring”, and to add to the equipment list for the schools’ practical instructional area.  

16. 12 AAC 09.148, Advanced manicurist endorsement curriculum, is proposed to be changed to alter the section title to read “Manicuring curriculum”, and to alter the requirements for manicuring curriculum. 

17. 12 AAC 09.155, Equipment for barbering or hairdressing schools, is proposed to be changed to eliminate manicuring materials from the equipment requirements for barbering or hairdressing schools. 

18. 12 AAC 09.160, Barber and hairdresser school curriculum is proposed to be changed to eliminate the manicuring curriculum requirements. 

19. 12 AAC 09.180, Student permits, is proposed to be changed to add manicuring to enrollment in a licensed school for student permits. 

20. 12 AAC 09.190, Apprentices of barbering, hairdressing, and esthetics, is proposed to be changed to alter the section title to read “Apprentices of barbering, hairdressing, manicuring, and esthetics”, and to alter the apprenticeship and instructor requirements. 

21. 12 AAC 09.990, Definitions, is proposed to be changed to further define terms used in 12 AAC 09 including the term “nail technician.” 

You may comment on the proposed regulation changes,including the potential costs to private persons of complying with the proposedchanges, by submitting written comments to Jun Maiquis, Regulations Specialist,Division of Corporations, Business and Professional Licensing, P.O. Box 110806,Juneau, AK  99811-0806.  Additionally, the Board will accept commentsby facsimile at (907) 465-2974, and by electronic mail atjun.maiquis@alaska.gov.  The comments must be received not later than 4:30 p.m. on December 18,2015.

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

If you are a person with a disability who needs aspecial accommodation in order to participate in this process, please contactJun Maiquis at (907) 465-2537 or jun.maiquis@alaska.gov not later than December11, 2015, to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes,contact Jun Maiquis at the address or phone number above, or go to https://www.commerce.alaska.gov/web/portals/5/pub/BAH-1115.pdf.

After the public commentperiod ends, the Board will either adopt the proposed regulation changes orother provisions dealing with the same subject, without further notice, ordecide to take no action.  The languageof the final regulation may be different from that of the proposed regulation.  Youshould comment during the time allowed if your interests could beaffected.  Written comments andquestions 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; AS08.13.100; AS 08.13.110; AS 08.13.120; AS 08.13.180; AS 08.13.190; AS08.13.210; AS 08.13.215; AS 08.13.220

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; AS08.13.090; AS 08.13.100; AS 08.13.110; AS 08.13.120; AS 08.13.180; AS08.13.190; AS 08.13.210; AS 08.13.215; AS 08.13.220

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

DATE: 11/17/2015

Jun Maiquis, Regulations Specialist

Division of Corporations, Businessand Professional Licensing

For each occupationregulated under the Division of Corporations, Business and ProfessionalLicensing, the Division keeps a list of individuals or organizations who areinterested in the regulations of that occupation.  The Division automatically sends a Notice ofProposed Regulations to the parties on the appropriate list each time there isa proposed change in an occupation's regulations in Title 12 of the AlaskaAdministrative Code.  If you would likeyour address added to or removed from such a list, send your request to the Divisionat the address above, giving your name, either your e-mail address or mailingaddress (as you prefer for receiving notices), and the occupational area inwhich you are interested.

ADDITIONALREGULATION NOTICE INFORMATION

(AS44.62.190(d))

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

2.   General subject of regulation:  Review of license application, application for examination, transitional provisions for licensees and endorsement holders,content and grading criteria for hairdressers and nail technicians, barbers or hairdressers license by examination, instructor license requirements, nail technician license by examination and waiver, shop owner license,verifications, requirements for school license, school curriculum, equipment for schools, student permits, apprentices, and definitions.

3.   Citation of regulation: 12 AAC 09.002 through 12 AAC 09.990.

4.   Departmentof Law file number:  To be assigned.

5.   Reasonfor the proposed action:  Update and clarification of current regulations, and compliance with new or changed in statute.

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

7.   Estimated annual cost to comply with the proposed action to:

      A private person:  $800 cost to applicant/licensees due to possible additional training and written exam.

      Another state agency:  None known.

      A municipality:  None known.

8.   Cost of implementation to the state agency and available funding (in thousands ofdollars):

      No costs are expected in FY 2016 or in subsequent years.

9.   Thename of the contact person for the regulation:

      Jun Maiquis, Regulations Specialist

      Division of Corporations, Business and Professional Licensing

      Department of Commerce, Community, andEconomic Development

      Telephone: (907) 465-2537

      E-mail:  jun.maiquis@alaska.gov

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

11.   Date:11/17/2015

Prepared by: Jun Maiquis, Regulations Specialist