Brief Description:  The Board of Barbers and Hairdressers proposes to update various regulations including the advanced manicurist endorsement, licensure of nail technicians, and the practice of manicuring, to implement amendments to AS 08.13 enacted under chapter 12, SLA 2017 (SB 51).

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 alter the requirements for review of license applications.

2. 12 AAC 09.005, Application for examination, is proposed to be changed to alter the provisions relating to application for examination by adding advanced manicurist and removing nail technician.

3. 12 AAC 09.006, Transitional provisions for licensees and endorsement holders, is proposed to be repealed due to obsolete provisions.

4. 12 AAC 09.066, Content and grading criteria for nail technician examination, is proposed to be changed to amend the section title to read “Content and grading criteria for advanced manicurist endorsement”, and to remove nail technician license examination.

5. 12 AAC 09.106, Instructor license requirements, is proposed to be changed to add the provisions related to advanced manicurist instructor license requirements.

6. 12 AAC 09.108, Nail technician license by examination, is proposed to be changed to alter the section title to read “Advanced manicurist endorsement by examination”, and to change the examination provisions to advanced manicurist endorsement license.

7. 12 AAC 09.109, Nail technician license by waiver, is proposed to be changed to alter the section title to read “Advanced manicurist endorsement by waiver”, and to change the licensure requirement provisions to advanced manicurist endorsement license.

8. 12 AAC 09.115, Verifications, is proposed to be changed to alter the provisions related to verification of licensed work experience or training by removing licensed nail technician.

9. 12 AAC 09.125, Requirements for school license; renewal requirements, is proposed to be changed to alter the requirements for a school license.

10. 12 AAC 09.127, License requirements for school offered by a college or university, is proposed to add a conforming citation.

11. 12 AAC 09.143, Manicuring school curriculum, is a proposed new section that establishes manicuring school curriculum requirements.  

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

13. 12 AAC 09.148, Manicuring curriculum, is proposed to be changed to alter the section title to read “Advanced manicurist endorsement curriculum”, and to update the provisions related to advanced manicurist endorsement curriculum requirements.

14. 12 AAC 09.155, Equipment for barbering or hairdressing schools, is proposed to be changed to add manicuring materials from the equipment requirements for barbering or hairdressing schools.

15. 12 AAC 09.160, Barber and hairdresser school curriculum is proposed to be changed to add the manicuring curriculum requirements.

16. 12 AAC 09.180, Student permits, is proposed to be changed to remove manicuring to enrollment in a licensed school for student permits, and to add an endorsement as an advanced manicurist to enrollment in a licensed school for student-instructor permits.

17. 12 AAC 09.190, Apprentices of barbering, hairdressing, manicuring, and esthetics, is proposed to be changed to alter the section title to read “Apprentices of barbering, hairdressing, and esthetics”, and to amend the apprenticeship and instructor requirements.

18. 12 AAC 09.990, Definitions, is proposed to be changed to further define terms used in 12 AAC 09 including the term “manicurist.”

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 Jun Maiquis, 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 at http://notice.alaska.gov/188255, and using the comment link. The comments must be received not later than 5:00 p.m. on February 1, 2018. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Jun Maiquis, 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than January 25, 2018 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 Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/BAH-0917.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 regulation may be different from that of the proposed regulation.  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 08.13.120; AS 08.13.180; AS 08.13.190; AS 08.13.210; 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; AS 08.13.090; AS 08.13.100; AS 08.13.110; AS 08.13.120; AS 08.13.180; AS 08.13.190; AS 08.13.210; AS 08.13.220

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

DATE: 12/27/17
Jun Maiquis, Regulations Specialist                                                                                                          Division of Corporations, Business and Professional Licensing

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.


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:  Review of license applications, application for examination, transitional provisions for licensees and endorsement holders, content and grading criteria for advanced manicurist endorsement, instructor license requirements, advanced manicurist endorsement by examination and waiver, 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.   Department of Law file number:  To be assigned.

5.   Reason for 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:  $20 advanced manicurist endorsement one-time 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 2018 or in subsequent years.

9.   The name of the contact person for the regulation:

      Cynthia Spencer, Licensing Examiner
      Division of Corporations, Business and Professional Licensing
      Department of Commerce, Community, and Economic Development
      Telephone:  (907) 465-2547
      E-mail:  cynthia.spencer@alaska.gov

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

11.   Date: 12/27/17
        Prepared by: Jun Maiquis
                             Regulations Specialist