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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 practical examinations, application requirements, and adding a “proficiency examination” to the training requirements for barbers, non-chemical barbers, hairdressers, and 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 amended by adding the training
    required for the hairdresser license application requirements, removal of the practical examination
    from the licensing requirements, and changing the requirements for the copies of the CPR and 
    blood borne pathogen cards for body piercing, tattooing, and permanent cosmetic coloring license
    applications. 

2. 12 AAC 09.005 - 12 AAC 09.038. These sections are being proposed as conforming amendments
    for the removal of the practical examination requirements.

3. 12 AAC 09.050. Proficiency examination, is a proposed new section to add a "proficiency
    examination" for completion of the barber, non-chemical barber, hairdresser, and esthetics
    training requirements.

4. 12 AAC 09.056 - 12 AAC 09.075. These sections are being proposed as conforming amendments
    for removal of the practical examination requirements, making language consistent with other
    sections, and clarifying foreign language interpreters are not allowed in the examination room.

5. 12 AAC 09.095 - 12 AAC 09.106. These sections are being proposed as conforming
    amendments for removal of the practical examination requirements.

6. 12 AAC 09.130. School records, is proposed to add verification of passing a proficiency
    examination to the final completion paperwork of a student completing a course of study in a
    school.

7. 12 AAC 09.160. Barber and hairdresser school curriculum, is proposed to add a new subsection
    for the requirement of passing a proficiency examination.

8. 12 AAC 09.161. Non-chemical barbering school curriculum, is proposed to add a new subsection
    for the requirement of passing a proficiency examination. 

9. 12 AAC 09.163. Esthetics school curriculum, is proposed to add a new subsection for the
    requirement of passing a proficiency examination.

10. 12 AAC 09.170. Theory syllabus and criteria for grading of examinations, subsection (b) is
    proposed to be repealed as a conforming amendment for removal of the practical
    examination, and to amend the section heading.

11. 12 AAC 09.173. Out-of-state training in body piercing, tattooing, and permanent cosmetic
    coloring,
is proposed to be changed by amending board approval of the out-of-state training
    requirements.

12. 12 AAC 09.190. Apprentices of barbering, non-chemical barbering, hairdressing, and
    esthetics,
is proposed to add the requirement of a proficiency examination to the
    apprentice curriculum and to the final completion paperwork.

13. 12 AAC 09.900. Examiners, is proposed as a conforming amendment to repeal the requirements
    for the examiner of a practical examination.

14. 12 AAC 09.930. Reinstatement of a lapsed license, is proposed to be amended by removing the
    practical examination requirement for reinstatement of a lapsed license.

15. 12 AAC 09.990. Definitions, is proposed to be amended by adding a definition for "passing a
    proficiency examination". 

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 Sher Zinn, 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/199190, and using the comment link. The written comments must be received not later than 4:30 p.m., September 29, 2020. Comments received after this deadline will not be considered by the Board.

Oral comments relevant to the proposed regulations may also be submitted at an oral hearing to be held October 5, 2020, by video and teleconference. You may register in advance for the video conference via Zoom at https://zoom.us/j/95993343676, or by telephone at 253-215-8782, use the meeting ID 959 9334 3676 for both video and teleconference. The hearing will be held from 9:15 a.m. to 12:00 p.m. and might be extended to accommodate those present before 9:15 a.m. who did not have an opportunity to comment. Callers should be on the line before the hearing begins at 9:15 a.m. if they would like to provide oral testimony. Due to the COVID-19 outbreak, no in-person testimony or written comments will be taken at the hearing.

You may submit written questions relevant to the proposed action to Sher Zinn, 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 Sher Zinn at (907) 465-1049 or RegulationsAndPublicComment@alaska.gov, no later than September 22, 2020, 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 Sher Zinn at (907) 465-1049 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/BAH-0820.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 08.13.120; AS 08.13.140; AS 08.13.180;
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 08.13.140; AS 08.13.180; AS 08.13.220

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

DATE: 8/18/2020
          Sher Zinn, 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: License application, examination, and training requirements.

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

4. Department of Law file number: 2020200485

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: None known.
    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 2021 or in subsequent years.

9. The name of the contact person for the regulation:
    Cynthia Spencer, Records and Licensing Supervisor
    Board of Barbers and Hairdressers
    Division of Corporations, Business and Professional Licensing
    E-mail: Cynthia.spencer@alaska.gov

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

11. Date: 8/18/2020
      Prepared by: Sher Zinn, Regulations Specialist
      (907) 465-1049





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Attachments, History, Details

Revision History

Created 8/17/2020 12:08:38 PM by skzinn
Modified 8/17/2020 2:17:11 PM by skzinn
Modified 8/18/2020 2:46:38 PM by skzinn

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #: 2020200485
 
Publish Date: 8/19/2020
Archive Date: 9/30/2020
 
Events/Deadlines:
  • Public comment deadline
    9/29/2020 4:30pm