4713-3-01 Opening school package.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

State Board of Cosmetology

Agency Name

 

Lori Flanery

Division                                                                  Contact

 

1929 Gateway Circle Grove City OH 43123-0000 Agency Mailing Address (Plus Zip)	614-728-0353 Phone	614-644-6880 Fax
[e-mail] Email

 

 

4713-3-01

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Opening school package.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 4713.08

5.  Statute(s) the rule, as filed, amplifies or implements: 4713.44, 4713.45

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The rule was proposed to describe what a person needs to do to open a school teaching the cosmetology profession. By having this rule, the policies for school opening have a uniform minimum standard designed to protect students, potential students and the general public.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

then summarize the content of the rule:

This rule lists the requirements that must be in place and must continue before a person can receive license to operate a school of cosmetology or of a branch of cosmetology. The proposed changes to the rule add a request for additional information on the application, such as the names of the individuals who have incorporated the school and the top management of the school. The requested information is to assist the Board in finding responsible individuals, should the school not follow the rules or in other ways harm students. The proposed rule removes the very broad current requirement forbidding an individual convicted on a felony charge at some time in his or her from any involvement with a school. The proposed rule clarifies the school#s recordkeeping requirements and its limits on advertising prior to being licensed as a school and consolidates the advertising and recordkeeping in other rules. Following the suggestion of the Common Sense Initiative Office, the record keeping requirement for records in general and for the records of the instructors was limited to five years, to comport with the other record keeping requirements in the rules relating to schools. The school will, however, no longer need to retain its opening package forever. The Board maintains the same records. The proposed rule also mandates a statement of financial worth sufficient to cover the cost of the completion of the education of the students the school enrolls, should the school fail. This rule excepts those schools that prove financial responsibility by either belonging to an association that has a financial responsibility requirement or by being a governmental school. The proposed rule indicates that the Board will annually establish the minimum standard of financial responsibility schools are required to have. The proposed rule eliminates the

$35,000 bond requirement, leaving the amount set in 4713.44 of the Revised Code as the bond amount for new schools, so that the rule no longer attempts to change the law. The proposed rule does mandate that all schools, upon the renewal of their licenses, must prove that they continue to meet the financial responsibility requirement. R.C. 4713.44(C) mandates a school maintain persons licensed under

R.C. 4713.31 or 4713.34 to teach students. Proposed 4713-3-01(D) allows the Board the ability to verify before the school opens and continually thereafter the credentials of those who will teach, to ensure that they have active licenses, no outstanding fines, or history of violations, etc. This part of the rule has existed for many years and is designed to protect students from unqualified instructors.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

4713-3-1(A)(8)(d,e,f,g,h) were deleted. 4713-3-01(A)(9) Reworded for clarification. 4713-3-1(A)(10) changed the word final to opening.

Removed division (E) of section 4713.44 in (A)(7) and corrected the division in (A)(9) should be division (A)(8)

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

0

N/A

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

N/A

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

N/A

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

To have and operate a school of cosmetology legally in Ohio, one must obtain a license. This rule sets forth the requirements for obtaining a school license.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

Operating a school of cosmetology without a current, valid license is a violation of the Board#s laws and rules. Persons found in violation of the licensing laws or rules of this Chapter are in violation of R.C. 4713.44 and R.C. 4713.45 The Board has the power to enforce any of its laws and rules under R.C. 4713.64(A)(1). R.C.

4713.64 sets a penalty of a fine, suspension, revocation or corrective action

education for someone who violates the licensing rules or laws of the Board. The Board can even file an injunction against any person not following its laws and/or rules under R.C. 4713.13. It is important to note that rule 4713-8-02 of the Administrative Code does authorize the Board to mitigate any penalty under certain prescribed conditions.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

The Board requires the information in the rule to be submitted to the Board and analyzed by the Board in order for the Board to ascertain if a potential school has meet the minimum requirements for schools to operate as set forth in this proposed rule. The request to submit information on instructors is ongoing as it is a means of spotting individuals whose history of uncorrected licensing violations or other similar problems should preclude them from educating students.