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PA Bulletin, Doc. No. 99-1796



[49 PA. CODE CH. 3]


[29 Pa.B. 5521]

   The State Board of Barber Examiners (Board) proposes to amend § 3.103 (relating to fees) by revising certain application fees to read as set forth in Annex A.

A.  Effective Date

   The proposed amendment will be effective upon publication of the final-form regulation in the Pennsylvania Bulletin.

B.  Statutory Authority

   The proposed amendment is authorized under section 14 of the Barbers' License Law (63 P. S. § 564).

C.  Background and Purpose

   The Barbers' License Law requires the Board to set fees by regulation so that revenues meet or exceed expenditures over a biennial period. General operating expenses of the Board are funded through biennial license renewal fees. Expenses related to applications or services which are provided directly to individual licensees or applicants are excluded from general operating revenues and are funded through fees in which the cost of providing the service forms the basis for the fee.

   In a recent systems audit of the operations of the Board within the Bureau of Professional and Occupational Affairs, the fees for services to licensees and applicants were analyzed to determine if the fees reflected the actual cost of providing the services. Actual cost calculations are based upon the following formula:

number of minutes to perform the function
pay rate for the classification of personnel
performing the function
a proportionate share of administrative overhead.

   The analysis determined that certain fees were insufficient to capture the actual cost of providing the service whereas certain other fees were more than sufficient to capture the cost of providing the service. For example, the proposed fee for an application for licensure as a barber, barber manager or barber teacher would be reduced from $20 to $10 which is the actual cost of processing this application.

   In this proposal, fees for the services identified would be adjusted to allocate costs to those who use the service or application. The Board would continue to apportion the enforcement and operating costs to the general licensing population when the Board makes its biennial reconciliation of revenue and expenditures.

D.  Compliance with Executive Order 1996-1

   In accordance with of Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the proposed amendment the Board considered the least restrictive alternative to regulate costs for services requested by licensees and applicants.

E.  Fiscal Impact and Paperwork Requirements

   The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest fiscal impact on those members of the private sector who apply for services from the Board. The proposed amendment will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.

F.  Sunset Date

   The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.

G.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 6, 1999, the Board submitted a copy of this proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. In addition to submitting the proposed amendment, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

   If IRRC has objections to any portion of the proposed amendment, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendment, by the Board, the General Assembly and the Governor, of objections raised.

H.  Public Comment

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendment to Sara Sulpizio, Administrative Assistant, State Board of Barber Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-422 (Application Fees), when submitting comments.


   Fiscal Note:  16A-422. No fiscal impact; (8) recommends adoption.

Annex A






§ 3.103.  Fees.

   The schedule of fees charged by the Board is as follows:

*      *      *      *      *

Licensure of barber, barber shop manager or barber teacher$[20] 10
Licensure of barber by reciprocity$[15] 20
Licensure of barber shop$[35] 55
Licensure of barber school$[100] 280

*      *      *      *      *

Change in barber shop--inspection required$[35] 55

*      *      *      *      *

Reinspection after first fail-new or change (shop or school)$40
[Certification of licensure] Verify license/permit/registration$15
Certification of exam scores$25
[Pa.B. Doc. No. 99-1796. Filed for public inspection October 22, 1999, 9:00 a.m.]

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