4713-5-21 Instructor limitations.

 

 

 

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

 

 

4713-5-21

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Instructor limitations.

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)(13)

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:

Language was moved from 4713-5-18 to this rule.

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 the requirements and limitations of an apprentice instructor.

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  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why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 re-filed to address question #19 (C) of the RSFA. Since the rule has specific employment ratio and reporting provisions, a cost of compliance or expenditure could be reasonably interpreted from the rule.

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

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:

The cost of compliance associated with this rule is variable and difficult to estimate, although based upon the employment ratios between Apprentices and Apprentice Instructors, it could be reasonably concluded persons affected by the rule would incur some costs The average costs would be based upon the size of the school and the number of potential apprentice positions employed by the school.

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

A school must be licensed to operate. Instructors must hold a valid license/be in a apprentice program.

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

A school that allows an individual that does not hold a valid instructors license to teach may be subject to a violation and possible fine. An individual found to be teaching without a valid license 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

Expenditures incurred as a result of complying with this rule are variable and difficult to estimate, although based upon the instructor:apprentice instructor ratio requirement stipulated, it could be reasonably concluded persons affected by the rule may incur some expenditures with creating and/or filing paperwork/documents required by the rule, although it should be noted that a student:instructor ratio exists as well, which must be sustained for compliance. Since any licensed Instructor can also be a licensed apprentice Instructor, the Board believes it is unlikely the school would incur significant costs. Additionally, expenditures will be variable based upon the number of apprentices accepted by any particular program. Offering an apprentice program is not mandatory.