4713-11-13 Temporary special occasion work permit.

 

 

 

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

 

 

4713-11-13

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Temporary special occasion work permit.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? 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 (A)(8)

5.  Statute(s) the rule, as filed, amplifies or implements: 4713.37

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

This rule was moved from 4713-5-25.

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:

Explains how a salon or school may allow a guest licensee to perform services in their facility.

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  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why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

This rule is being refilled to address question #19 of the RSFA. The rule is new; however, the general language already exists in rule 4713-5-25, which is being proposed for rescission in this filing. The language is being moved to OAC 4713-11-13, because the subject matter better suits Chapter 11 content.

12.  Five Year Review (FYR) 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

The rule language is being moved from current OAC 4713-5-25. The fiscal impact is neutral, because the fees have not been changed.

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:

Individuals seeking a Temporary Special Occasions Work Permit are currently required to submit an application and pay a fee of fifty dollars. This amount has not changed from the current requirement and individuals will continue to be required to submit the required fee.

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

The Temporary special occasions work permit is a requirement under ORC 4713 for persons seeking to perform cosmetology services as a guest worker for a licensed salon or licensed school.

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

Anyone that is not licensed or holds a special occasion work permit and is found performing services may be subject to a violation and possible fine.

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

This rule requires sponsoring salons or schools to file a temporary special occasions work permit application along with a fifty dollar fee. It should be noted that this procedure currently exists under rule 4713-5-25. This language is being moved based upon its subject matter to allow licensee to easily find the rule in a Chapter of related content.