4713-7-11 Temporary pre-examination 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

 

 

4713-7-11

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Temporary pre-examination 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)(13)

5.  Statute(s) the rule, as filed, amplifies or implements: 4713.22, 4713.44, 4713.45

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

The current rule addressing the requirements for a Temporary Pre-examination work permit is OAC 4713-5-25. A review of the language in OAC 4713-5-25 finds the rule should be separated into two distinct rules and the language moved to a chapter better associated by content. Proposed rule 4713-7-11 is being filed to address this attempt to better associate the relative language with a Chapter better suited to its content.

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 that an applicant may get a work permit when applying to take the exam. It also explains when the permit shall be surrendered and expire.

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 better address the requirement of question #19 of the RSFA. The general language provided is essentially the same as current rule

4713-5-25. In this instance, the Board will be recommending that current rule OAC 4713-5-25 be rescinded and broken into two separate rules, 4713-7-11 being one.

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 fee for a Temporary pre-examination work permit is required per ORC 4713.10 (A). The fee was raised by Controlling Board approval to $7.50. Applicants are required to file the required fee.

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:

Persons seeking the authority to practice between the time an examination is filed and the time when the examination is taken are eligible for a temporary

pre-examination work permit. This permit cost $7.50 and the fee must be paid by each applicant choosing to obtain the permit.

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? No

The requirement to obtain a Temporary Pre-examination Work permit is not mandatory. Only persons seeking to work temporarily between the time of applying for examination and the time the examination occurs are required to apply for a temporary pre-examination work permit.

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? No

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

This rule requires applicants to file a temporary pre-examination work permit application along with a fee of $7.50. 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.