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PA Bulletin, Doc. No. 01-2340



Notice of Comments Issued

[31 Pa.B. 7082]

   Section 5(d) of the Regulatory Review Act (71 P. S. § 745.5(d)) provides that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the committees' comment period. The Commission's Comments are based upon the criteria contained in section 5.1(h) and (i) of the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)).

   The Commission issued comments on the following proposed regulation. The agency must consider these comments in preparing the final-form regulation. The final-form regulation must be submitted by the date indicated.

Reg. No. Agency/Title Issued Deadline
16A-4510 State Board of
   Examination Fees
12/13/01 11/13/03
(31 Pa.B. 5713 (October 31, 2001)

State Board of Cosmetology
Regulation No. 16A-4510
Examination Fees
December 13, 2001

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The State Board of Cosmetology (Board) must respond to these Comments when it submits the final-form regulation. If the final-form regulation is not delivered by November 13, 2003, the regulation will be deemed withdrawn.

Remaining language in Chapter 7--Consistency with other regulations; Clarity.

   The Board is proposing to delete examination fees in Sections 7.2(a) and (b). However, there is existing language in Chapter 7, which refers to those fees and examinations given by the Board. These existing provisions are discussed in the following paragraphs.

   First, Section 7.32a lists the required contents of examination applications. Sections 7.32a(a)(3) and (b) require applications to include the examination fees prescribed by Section 7.2. Will applicants continue to submit examination fees to the Board?

   Second, Section 7.32g(a) requires payment of the ''examination and license fees prescribed in § 7.2.'' This subsection and the two subsections need to be consistent with the Board's proposal to provide clarity for readers of Chapter 7. The Board should delete references to examination fees in Section 7.2 from Sections 7.32a(a)(3) and (b) and 7.32g(a) and Chapter 7 in its entirety.

   Third, language in Section 7.31(a) states that individuals who want a teacher's, manager's, cosmetologist's, cosmetician's or manicurist's license must ''pass the examination given by the Board for that license'' (emphasis added). The Beauty Culture Law authorizes the Board to select and approve the examinations that applicants must pass for licensure. However, this proposed regulation acknowledges that the professional testing organization gives the examinations and charges the fees for this service. Should the words ''pass the examination given by the Board for that license'' be replaced with ''pass the examination required by the Board for that license''?


[Pa.B. Doc. No. 01-2340. Filed for public inspection December 28, 2001, 9:00 a.m.]

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