4713-13-02 Independent contractor.

 

 

 

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

 

 

4713-13-02

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Independent contractor.

RULE SUMMARY

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

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)(9), 4713.39

5.  Statute(s) the rule, as filed, amplifies or implements: 4713.39

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

The fee for an independent contractor's license was not in this rule. Also, the requirement of holding an active manager's license was not stated. These requirements are not new.

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:

The fee of $75 for a new independent contractor license and a $60 renewal fee was put in this rule. The requirement of having an active manager's license was added.

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  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why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

Revising to address question #19 of the RSFA concerning the license requirements for an Independent Contractor.

12.  Five Year Review (FYR) Date: 6/3/2016

(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 new language provided in this rule does not amend or change current fees already imposed to obtain the initial Independent Contractor license or the renewal of the license. The language codified fees already charged.

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:

Initial applicants will be required to pay a seventy-five dollar fee. This fee is the same as currently imposed, but will be a cost of compliance associated with this rule. Additionally, this rule codifies the cost of renewal of an Independent Contractor license. Again, the rule does not amend or change the current cost imposed, but only codifies it. Each person renewing an Independent Contractor license will be required to pay this fee. Currently the Board has approx. 20,179 active Independent Contractors.

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

An individual working in a salon as an independent contractor must have a valid manager's license and independent contractor's 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

If a person is working in a licensed salon without a valid license they are 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

An individual renting booth space in a salon must have a valid manager's license and independent contractor's license. The rule is being updated to address gap information needs, such as fee requirements and renewal procedures. Individuals seeking to obtain an Independent Contractor license or renewing the same will need to file the required forms and submit the stipulated fees.