Title 201 | Chapter 014 | Regulation 105
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
BOARDS AND COMMISSIONS
Board of Barbering
(Amendment)
201 KAR 14:105.Barbering school enrollment and postgraduate requirements.
Section 1.
Enrollment Application.(1)
Each student applicant shall complete and submit to the barbering school an Enrollment Application for Barber School, along with the required fee.(2)
Each student applicant shall also submit to the barbering school:(a)
A copy of the applicant's high school:1.
Certificate;2.
Diploma; or3.
Transcript; or(b)
A copy of the applicant's General Educational Development (GED) certificate.(3)
A prospective student shall not attend a barber school until the student has complied with subsections (1) and (2) of this section and the board has notified the school, pursuant to subsection (4)(c)2a of this section, that the board is in receipt of the completed and correct enrollment form and documentation.(4)
(a)
The barbering school shall submit to the board the:1.
Student's enrollment application, the required fee; and2.
Documentation required by subsection (2) of this section.(b)
The barbering school shall submit the material required by paragraph (a) of this subsection to the board by:1.
Scanning the application into an electronic format and emailing the application to the board;2.
Fax;3.
Post; or4.
Hand delivery.(c)
1.
Upon the first business day that the board receives from the barbering school the material required by paragraph (a) of this subsection and the required permit fee, the board shall print, if the submission was in electronic format, and shall date stamp the material.2.
a.
Within two (2) business days of receiving the documentation from the barbering school, the board shall contact the barbering school by phone, fax, or email to alert the school that the student is enrolled and may begin attending.b.
The board shall follow up with an official letter, sent to the barbering school and the student applicant, which shall state the student's official enrollment eligibility date.Section 2.
Postgraduate Requirements.(1)
A barbering school shall enroll a student who requests postgraduate coursework if the student has complied with:(a)
Section 1 of this administrative regulation;(b)
201 KAR Chapter 14; and(c)
KRS Chapter 317.(2)
A barbering school shall not approve postgraduate course credits for less than 150 hours, except in accordance with 201 KAR 14:015 if the applicant has failed the licensing examination twice consecutively.Section 3.
A person who is an owner of a barber school or who can make policy for the school shall not be enrolled in that barber school as a student.Section 4.
Incorporation by Reference.(1)
"Enrollment Application for Barber School," is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Barbering, 312 Whittington Parkway, Suite 110, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30p.m.JASON CROCKETT, Chair
APPROVED BY AGENCY: November 8, 2021
FILED WITH LRC: November 15, 2021 at 11:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 24, 2022, at 9:00 a.m., at Kentucky Board of Barbering. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. on January 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Christopher D. Hunt, General Counsel, 312 Whittington Pkwy Suite 110, Louisville, Kentucky 40222, phone +1 (502) 782-0778, fax +1 (502) 324-6192, email chrisd.hunt@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Christopher D. Hunt
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements for barbering school enrollment and postgraduate coursework.
(b) The necessity of this administrative regulation:
This administrative regulation establishes requirements for barbering school enrollment and postgraduate coursework.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 317.430(1) requires the Kentucky Board of Barbering to regulate barber schools and the teaching of barbering. KRS 317.440(1) requires the Kentucky Board of Barbering to promulgate administrative regulations governing applicants for barbering licenses
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation establishes requirements for barbering school enrollment and postgraduate coursework.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment clarifies the process involved in student enrollment.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to remove language that conflicts industry standards and provides continuity of language with other administrative regulations.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms with the requirement of KRS 317.430(1) requires the Kentucky Board of Barbering to regulate barber schools and the teaching of barbering.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will clarify language used and provide continuity throughout administrative regulations. This will in turn make the administration of regulations more efficient.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation affects approximately 4,550 license holders, in the following categories: master barbers, apprentice barbers, student barbers, barber instructors, barber schools, and barber shops. This administrative regulation will also affect future license applicants. (4) Provide an analysis of how the entities identified in the previous question will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including: (a) List the actions each of the regulated entities have to take to comply with this regulation or amendment: No action will be required of current license holders. The requirement for obtaining a new license. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities: There is no cost anticipated for compliance with the amended language. (c) As a result of compliance, what benefits will accrue to the entities: License holders will benefit from a clearer, more concise description of their responsibilities when retaking exams for licensure.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
None.
(b) On a continuing basis:
None.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
None – not applicable to this amendment.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding will be necessary to implement this amendment.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation does not establish any new fees, nor does it alter or increase existing fees.
(9) TIERING: Is tiering applied?
Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Kentucky Board of Barbering.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 317.450(3); KRS 317.440.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation. The Board of Barbering is the only agency that would be directly impacted by this regulation. There are no expected impacts on expenditures or revenue, as the agency already employs inspectors, who determine compliance with all applicable regulations on their inspection visits. The only possible revenue would be from fines associated with failures to comply with the administrative regulation. This revenue would be variable and negligible.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
$0-$500.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
$0-$500.
(c) How much will it cost to administer this program for the first year?
No additional costs are anticipated; any expenses are included with current expenditures for agency inspectors and staff.
(d) How much will it cost to administer this program for subsequent years?
No additional costs are anticipated; any expenses are included with current expenditures for agency inspectors and staff.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
NA
Expenditures (+/-):
NA
Other Explanation:
NA
BOARDS AND COMMISSIONS
Board of Barbering
(Amendment)
201 KAR 14:105.Barbering school enrollment and postgraduate requirements.
Section 1.
Enrollment Application.(1)
Each student applicant shall complete and submit to the barbering school an Enrollment Application for Barber School, along with the required fee.(2)
Each student applicant shall also submit to the barbering school:(a)
A copy of the applicant's high school:1.
Certificate;2.
Diploma; or3.
Transcript; or(b)
A copy of the applicant's General Educational Development (GED) certificate.(3)
A prospective student shall not attend a barber school until the student has complied with subsections (1) and (2) of this section and the board has notified the school, pursuant to subsection (4)(c)2a of this section, that the board is in receipt of the completed and correct enrollment form and documentation.(4)
(a)
The barbering school shall submit to the board the:1.
Student's enrollment application, the required fee; and2.
Documentation required by subsection (2) of this section.(b)
The barbering school shall submit the material required by paragraph (a) of this subsection to the board by:1.
Scanning the application into an electronic format and emailing the application to the board;2.
Fax;3.
Post; or4.
Hand delivery.(c)
1.
Upon the first business day that the board receives from the barbering school the material required by paragraph (a) of this subsection and the required permit fee, the board shall print, if the submission was in electronic format, and shall date stamp the material.2.
a.
Within two (2) business days of receiving the documentation from the barbering school, the board shall contact the barbering school by phone, fax, or email to alert the school that the student is enrolled and may begin attending.b.
The board shall follow up with an official letter, sent to the barbering school and the student applicant, which shall state the student's official enrollment eligibility date.Section 2.
Postgraduate Requirements.(1)
A barbering school shall enroll a student who requests postgraduate coursework if the student has complied with:(a)
Section 1 of this administrative regulation;(b)
201 KAR Chapter 14; and(c)
KRS Chapter 317.(2)
A barbering school shall not approve postgraduate course credits for less than 150 hours, except in accordance with 201 KAR 14:015 if the applicant has failed the licensing examination twice consecutively.Section 3.
A person who is an owner of a barber school or who can make policy for the school shall not be enrolled in that barber school as a student.Section 4.
Incorporation by Reference.(1)
"Enrollment Application for Barber School," is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Barbering, 312 Whittington Parkway, Suite 110, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30p.m.JASON CROCKETT, Chair
APPROVED BY AGENCY: November 8, 2021
FILED WITH LRC: November 15, 2021 at 11:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 24, 2022, at 9:00 a.m., at Kentucky Board of Barbering. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. on January 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Christopher D. Hunt, General Counsel, 312 Whittington Pkwy Suite 110, Louisville, Kentucky 40222, phone +1 (502) 782-0778, fax +1 (502) 324-6192, email chrisd.hunt@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Christopher D. Hunt
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements for barbering school enrollment and postgraduate coursework.
(b) The necessity of this administrative regulation:
This administrative regulation establishes requirements for barbering school enrollment and postgraduate coursework.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 317.430(1) requires the Kentucky Board of Barbering to regulate barber schools and the teaching of barbering. KRS 317.440(1) requires the Kentucky Board of Barbering to promulgate administrative regulations governing applicants for barbering licenses
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation establishes requirements for barbering school enrollment and postgraduate coursework.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment clarifies the process involved in student enrollment.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to remove language that conflicts industry standards and provides continuity of language with other administrative regulations.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms with the requirement of KRS 317.430(1) requires the Kentucky Board of Barbering to regulate barber schools and the teaching of barbering.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will clarify language used and provide continuity throughout administrative regulations. This will in turn make the administration of regulations more efficient.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation affects approximately 4,550 license holders, in the following categories: master barbers, apprentice barbers, student barbers, barber instructors, barber schools, and barber shops. This administrative regulation will also affect future license applicants. (4) Provide an analysis of how the entities identified in the previous question will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including: (a) List the actions each of the regulated entities have to take to comply with this regulation or amendment: No action will be required of current license holders. The requirement for obtaining a new license. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities: There is no cost anticipated for compliance with the amended language. (c) As a result of compliance, what benefits will accrue to the entities: License holders will benefit from a clearer, more concise description of their responsibilities when retaking exams for licensure.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
None.
(b) On a continuing basis:
None.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
None – not applicable to this amendment.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding will be necessary to implement this amendment.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation does not establish any new fees, nor does it alter or increase existing fees.
(9) TIERING: Is tiering applied?
Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Kentucky Board of Barbering.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 317.450(3); KRS 317.440.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation. The Board of Barbering is the only agency that would be directly impacted by this regulation. There are no expected impacts on expenditures or revenue, as the agency already employs inspectors, who determine compliance with all applicable regulations on their inspection visits. The only possible revenue would be from fines associated with failures to comply with the administrative regulation. This revenue would be variable and negligible.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
$0-$500.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
$0-$500.
(c) How much will it cost to administer this program for the first year?
No additional costs are anticipated; any expenses are included with current expenditures for agency inspectors and staff.
(d) How much will it cost to administer this program for subsequent years?
No additional costs are anticipated; any expenses are included with current expenditures for agency inspectors and staff.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
NA
Expenditures (+/-):
NA
Other Explanation:
NA