22 TAC §§51.51, 51.52, 51.55, 51.57, 51.58, 51.60, 51.61, 51.62, 51.63, 51.64, 51.80, 51.84
The State Board of Barber Examiners proposes amendments to
§§51.51; 51.52; 51.55; 51.57; 51.58; 51.60; 51.61; 51.62; 51.63;
51.64; 51.80; 51.84, concerning Examinations and Licensing. The amendments
are proposed in accordance with the board's Rule Review Plan adopted pursuant
to Article IX, §167 of the Appropriations Act. The proposed amendment
to §51.51 Payment of Fees eliminates cash as an acceptable method of
payment of fees to be accepted by the board. The proposed amendment to §51.52
Name Change adds requirements for notification of name changes to the board.
The proposed amendment to §51.55 Number of Examination Questions excepts
certain individuals who have previously held a certificate of registration
or license for at least five (5) years but whose certificate of registration
or license have been expired for more than five (5) years from the requirement
that applicants for the same type of license be asked an equal number of questions
on the examination. The proposed amendment to §51.57 Applying for Examination
removes the dollar amount of the examination fee and refers the reader to
the fee required by the relevant statute. The proposed amendment to §51.58
Deadline for Examination Application specifies the deadline for barber schools
to submit students' applications for examination to the board. The proposed
amendments to §51.60 Equipment to Bring to Examination changes the title
of the rule to Items to Bring to Examination and adds three requirements of
all examinees: (1) the model must be of 18 years of age, (2) that they wear
a clean and fastened barber smock during their examinations, and (3) that
they provide a current, valid photo identification when appearing for examination.
The proposed amendment to 51.61 Failure to Appear at Examination removes the
dollar amount that must be submitted before retaking an examination. The proposed
amendment to §51.62 Notification of Examination Results eliminates the
provision that the board will not give the results of an examination or issue
a license until it receives a notarized affidavit, signed by the school owner
or manager, swearing that the student has completed the course; this affidavit
is now required as part of the application for examination under §51.57
of this title and, therefore, is no longer required under this section. The
proposed amendment to §51.63 Failure of Examination clarifies and explains
to the examinee the requirements of retaking all or a portion of a failed
examination and removes the dollar amount of the examination fee. The proposed
amendment to §51.64 Deadline for License Application removes the dollar
amount of the examination fee. The proposed amendment to §51.80 Transfer
of Student Hours from Out of State removes the dollar amount of the examination
fee. The proposed amendment to §51.84 Reciprocal Licensing Policy eliminates
unnecessary verbiage concerning the board's adoption of a reciprocal licensing
policy and eliminates a requirement that there be a mutual reciprocal licensing
agreement between the board and another state or country.
Will K. Brown, Executive Director, has determined that, for each of the
first five years that the proposed rules will be in effect: (1) there are
no foreseeable implications relating to cost or revenues of the state or local
governments as a result of enforcing or administering the rules; (2) the public
benefit of the proposed rules will be clarification of the board's requirements
of examinees and licensees and the provision of a secure method of handling
funds submitted by examinees and licensees; and (3) there is no foreseeable
economic cost to persons required to comply with the proposed rules. Mr. Brown
has also determined that there will be no effect on small businesses as a
result of the proposed amendments.
Comments on the proposed rules may be submitted to Will K. Brown, Executive
Director, State Board of Barber Examiners, 333 Guadalupe, Suite 2-110, Austin,
Texas 78701 no later than 30 days from the date that these proposed amendments
are published in the
Texas Register
.
The amendments are proposed under Texas Barber Law, Texas Civil
Statutes, Article 8407a, §28(a), which vests the board with the authority
to make and enforce all rules and regulations necessary for the performance
of its duties, to establish standards of conduct and ethics for all persons
licensed or practicing under the provisions of the Texas Barber Law, and to
regulate the practice and teaching of barbering in keeping with the intent
of the Texas Barber Law and to ensure strict compliance with the Texas Barber
Law.
The following sections of Texas Civil Statutes, article 8407a are effected
by the proposed amendments as follows: §51.51 Payment of Fees - §§10(a),
23; §51.52 Name Change - §§10, 11, 12, 20, 20b, 29(a); §51.55
Number of Examination Questions - §§11, 20(d); §51.57 Applying
for Examination - §§10(b),23(b); §51.58 Deadline for Examination
Application- §10; §51.60 Items to Bring to Examination - §11;
§51.61 Failure to Appear at Examination - §§10(b),23(b);§51.62
Notification of Examination Results - §10b; §51.63 Failure of Examination
- §10b; §51.64 Deadline for License Application - §§10(b),23(b);
§51.80 Transfer of Student Hours from Out of state - §§10(b),23(b);
§51.84 Reciprocal Licensing Policy - §10c.
§51.51.Payment of Fees.
Payment of each fee shall be in the form of a money order or cashier's
check.
Cash, personal checks or company checks are not accepted.
[
Cash may be accepted if payment is made in the board's office in Austin.
Personal checks are not accepted.
]
§51.52.Name Change.
(a)
Any student or examination
applicant having had a name change during his or her enrollment at any board
licensed barber school or college must notify the board with a copy of a court
order, divorce decree, or marriage license by no later than the 15th day of
the month prior to the date on which the student or examination applicant
is scheduled to take any examination, written or practical.
(b)
Any person who holds a certificate of registration,
permit, or license issued by the board shall notify the board of any name
change by furnishing the Board a copy of the court order, divorce decree,
or marriage license reflecting such name change no later than the date when
the person is required to submit an application for renewal to the Board.
[
Authentication of a change of name by a licensee shall be in
the form of photostatic copy of the court order or marriage license. Each
licensee shall send authentication to the board before a name may be changed
on a certificate of registration that is being renewed or on a duplicate certificate.
]
§51.55.Number of Examination Questions.
The number of questions on all examinations administered by the board
shall vary from 15 to 100, at the discretion of the board.
With the exception
of individuals who have previously held a certificate of registration or license
for at least five years but whose certificate or license has been expired
for more than five years, applicants
[
Applicants
] for the
same type of license shall be asked an equal number of questions on the examination.
§51.57.Applying for Examination.
(a)
(No change.)
(b)
Each applicant shall submit to the board the following:
(1)-(3)
(No change.)
(4)
[
an
]
the
examination fee
as reflected in the statute
[
of $10
] in the form of a money
order or cashier's check. Personal checks are not accepted;
(5)
(No change.)
§51.58.Deadline for Examination Application.
(a)
(No change.)
(b)
Each barber school shall be responsible for seeing that
applications for examinations are in the office of the board
no later
than the 15th day of the month prior to the date on which the student is scheduled
to take any examination, written or practical.
[
by the deadline
date specified on the schedule for each examination.
]
(c)
(No change.)
Items
[
Equipment
]
to Bring to Examination.
(a)-(c)
(No change.)
(d)
The examinee shall provide a model
, of 18 years of
age or older,
on whom to demonstrate the practical work.
Each examinee
is required to wear a clean and fastened barber smock, without any lettering
or logos during both written and practical portions of the exams.
[
Students will wear barber smocks during the examination
]
(e)
The examinee shall provide
a current, valid photo identification.
§51.61.Failure to Appear at Examination.
(a)
(No change.)
(b)
If the applicant cannot provide the board with an acceptable
cause, he or she must remit another
examination
[
$10
]
fee before taking an examination at another date. If the absence is excused,
the applicant may request to take the examination at another date without
an additional fee.
§51.62.Notification of Examination Results.
[
(a)
]
The board will notify an examinee of the
results of the examination by letter. The letter will be sent to the student
in care of the barber school or college.
[
(b)
The Board will not give the
results of the examination or issue a license until it receives a notarized
affidavit, signed by the school owner or manager, swearing that the student
has completed the course.]
§51.63.Failure of Examination.
The board will notify an examinee
if the examinee fails either
or both portions of the examination. If an examinee fails any part of the
examination, he or she will be required to complete a new exam application;
submit a new examination fee; and retake the entire failed portion, either
written or practical, or both portions in the event the entire examination
was failed.
[
which part of the examination was failed and will
require only that part be retaken at another examination.
]
§51.64.Deadline for License Application.
(a)-(b)
(No change.)
(c)
Anyone who fails to meet these requirements shall pay another
[
$10
] examination fee and pass another examination.
§51.80.Transfer of Student Hours from Out of State.
(a)
A student barber may transfer hours of training as a barber
from schools of other states to Texas by:
(1)-(5)
(No change.)
(6)
examination fee [
of $10
] in the form of
a money order or cashier's check.
(b)
(No change.)
§51.84.Reciprocal Licensing Policy.
The examination requirement shall be waived for any person who
completes the application for and payment of fees prescribed by the board
for a certificate of registration, license, or permit and who submits satisfactory
proof that he or she holds a current, valid certificate, license or permit
from another state or country that has substantially equivalent licensing
requirements to those of the State or Texas.
[
At its regular monthly
meeting on November 5, 1985, the State Board of Barber Examiners adopted the
policy of reciprocal licensing by issuing, without examination, a certificate
or license to an applicant who has a current certificate or license issued
by another state or country which has licensing standards substantially equivalent
to the State of Texas, and with whom the Texas Board of Barber Examiners has
entered a legal agreement for mutual reciprocal licensing, subject to proper
application and payment of the prescribed fee by the applicant. The Board
will implement the policy of reciprocal licensing effective August 5, 1986,
in accordance with the procedures hereinafter adopted.
]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May
5, 1999.
TRD-9902647
Will K. Brown
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: June 20, 1999
For further information, please call: (512) 305-8475
22 TAC §§51.65-51.79, 51.81, 51.86
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Barber Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The State Board of Barber Examiners proposes the
repeal of §§51.65 - 51.79, 51.81, and 51.86 concerning applications,
certificates and expiration dates. The proposed repeal of §§51.65;
51.66; 51.67; 51.68; 51.69; 51.70; 51.71; 51.72; 51.73; 51.74; 51.75; 51.76;
51.77; 51.78 and 51.79 will remove forms from the board's formal rules, thereby
allowing greater flexibility for the board to change its forms from time to
time without the requirement of a rulemaking proceeding to do so. The proposed
repeal of §51.81 Expiration Dates of Certificates and Proration of Fees
eliminates a rule that has become obsolete and is no longer needed for the
board to carry out its statutory responsibilities. The proposed repeal of
§51.86 Processing Time for Licenses and Permits; Appeals eliminates certain
deadlines from the board's application process, providing greater flexibility
to the board in its handling of license and permit applications. The board
proposes repealing these rules in accordance with the board's Rule Review
Plan adopted pursuant to Article IX, §167 of the Appropriations Act.
Will K. Brown, Executive Director, has determined that, for each of the
first five years that the proposed repeal is in effect: (1) there are no foreseeable
implications Relating to cost or revenues of the state or local governments
as a result of the repeal; (2) the public benefit of the proposed repeal will
be the reduction in time to implement revisions of forms and the elimination
of rules that have become obsolete; (3) there is no foreseeable economic cost
to persons required to comply with the proposed repeal. Mr. Brown has also
determined that there will be no effect on small businesses as a result of
the proposed repeal.
Comments on the proposed repealed rules may be submitted to Will K. Brown,
Executive Director, State Board of Barber Examiners, 333 Guadalupe, Suite
2-110, Austin, Texas 78701 no later that 30 days from the date that the proposed
action is published in the Texas Register.
The repeals are proposed under Texas Barber Law, Texas Civil
Statutes, Article 8407a, Section 28 (a), which vest with the board to make
and enforce all rules and regulations necessary for the performance of its
duties.
The following are the Statutes, Articles, or codes effected by the proposed
repealed rules:§ 51.65 - Texas Civil Statutes, Article 8407a - §10a;
§51.66 - Texas Civil Statutes, Article 8407a - §§9(l) and 10(a);
§51.67 - Texas Civil Statutes, Article 8407a - §§10(a) and
20(d); §51.68 - Texas Civil Statutes, Article 8407a - §§ 10(a)
and 20(c); §51.69 - Texas Civil Statutes, Article 8404; §51.70 -
Texas Civil Statutes, Article 8404; Texas Civil Statutes, Article 8407a, §12;
§51.71 - Texas Civil Statutes, Article 8407a - §9(k); §51.72
- Texas Civil Statutes, Article 8407a - §14; §51.73 - Texas Civil
Statutes, Article 8407a - §15; §51.74 - Texas Civil Statutes, Article
8407a - §13; §51.75 - Texas Civil Statutes, Article 8407a - §5;
§51.76 - Texas Civil Statutes, Article 8407a - §9; §51.77 -
Texas Civil Statutes, Article 8407a - §3(b); §51.78 - Texas Civil
Statutes, Article 8407a - §3(b); §51.79 - Texas Civil Statutes,
Article 8407a - §3; §51.81 - Texas Civil Statutes, Article 8407a
- §20b; §51.86 - Texas Civil Statutes, Article 8407a - §§12,
13, 14, 15, 15A, 16, 17, 18, and 18.1.
§51.65.Student Barber's Application for Examination.
§51.66.Student Teacher's Application for Examination.
§51.67.Former Licensee's Application for Examination.
§51.68.Out-of-State Application for Examination.
§51.69.Physician's (Health) Certificate Form.
§51.70.Registered Barber Certificate.
§51.71.Teacher's Certificate.
§51.72.Barber's Technician Certificate.
§51.73.Manicurist's Certificate.
§51.74.Journeyman Barber Permit.
§51.75.Assistant Barber Certificate.
§51.76.Certificate of Licensed Barber College.
§51.77.Application for Temporary Barber Shop Permit.
§51.78.Barber Shop Floor Plan.
§51.79.Barber Shop Permit Form.
§51.81.Expiration Dates of Certificates and Proration of Fees.
§51.86.Processing Time for Licenses and Permits; Appeals.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on May
5, 1999.
TRD-9902646
Will K. Brown
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: June 20, 1999
For further information, please call: (512) 305-8475