TITLE 22

TITLE 22.EXAMINING BOARDS

Part 2. TEXAS STATE BOARD OF BARBER EXAMINERS

Chapter 51. PRACTICE AND PROCEDURE

Subchapter A. THE BOARD

22 TAC §51.5

The Texas State Board of Barber Examiners proposes an amendment to Rule §51.5 (Good Standing Required for License Renewal) to specify that the Board may take action to suspend a certificate, license or permit for certain causes including, but not limited to, the failure to pay a fine or penalty in full within 30 days from the date that the Board approves an Agreed Order from the Executive Director or a Proposal for Decision from the State Office of Administrative Hearings in which the fine or penalty is upheld or assessed. The Board would be required to notify the holder of the certificate, license or permit of its intention to suspend the certificate, license or permit and the holder would have the right to a hearing at the State Office of Administrative Hearings before the certificate, license or permit would be suspended.

The action is proposed to increase compliance by licensees and permit holders with the statutes and rules under which they are regulated and to increase the timely collection of fines and penalties by the Board.

Glenn Parker, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact for local government as a result of enforcing or administering the rule. In addition, Mr. Parker has determined that for the first five year period the rule is in effect, revenue to the state will increase by approximately $20,000 per year as a result of the increased timely collection of fines and penalties.

Mr. Parker has determined that for the first five year period the rule is in effect, the public benefit will be increased compliance by barbers and other licensees with the statutes and rules under which they are regulated and an increase in funds available within the State's General Fund due to more timely collections of fines and penalties. There will be no costs to the general public.

Comments on the proposed amendment to the rule may be submitted in writing within 30 days after the publication of the proposal in the Texas Register to Glenn Parker, Executive Director, Texas State Board of Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.

This amendment is proposed under the Texas Occupations Code Chapter 1601.151 which provides the Texas State Board of Barber Examiners with the authority to adopt and enforce all rules necessary for the performance of its duties, and under TOC Chapter 1601.601 which provides the Board with the authority to suspend or revoke a certificate, license or permit if the applicant or person holding the certificate, license, or permit engages in an act that violates Chapter 1601 or a rule or order of the board.

No other code, article, or statute is affected.

§51.5.Good Standing Required for License Renewal ; Suspension of Certificate, License or Permit

(a) No certificate , license or permit shall be issued or renewed unless the licensee is in good standing with the Board. Good standing includes, but is not limited to, compliance with Barber Law and Board Rules, no default on a student loan with the Texas Guaranteed Student Loan Corporation, no default on court ordered child support payments, and payment in full of all administrative penalties assessed against the licensee. Administrative fines and penalties shall be paid in full within 30 days of the date that the Board approves an Agreed Order from the Executive Director or a Proposal for Decision from the State Office of Administrative Hearings in which the fine or penalty is upheld or assessed. The Executive Director has the discretion to waive the payment in full of all administrative penalties requirements [ ~~requirement~~ ] for license renewal.

(b) The Board may take action to deny, suspend or revoke the certificate, license or permit of any licensee or permit holder if the individual in not in good standing, as defined above or for other reasons under authority granted to the Board by Chapter 1601.601 of the Texas Occupations Code. The Board shall give notification to any certificate, license or permit holder that it intends to take action to suspend or revoke a certificate, license or permit. The individual has a right to a hearing before the certificate, license or permit is suspended or revoked. Hearings for suspension or revocation of a certificate, license or permit shall be scheduled with an administrative law judge of the State Office of Administrative Hearings, excluding suspensions or revocations ordered by the Attorney General's Office for default on child support payments which are to be executed upon instructions from the Attorney General. No hearing is required for the Board to block a license or permit from renewal because of a default on a student loan with the Texas Guaranteed Student Loan Corporation.

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 October 14, 2004.

TRD-200406214

Glenn D. Parker

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: November 28, 2004

For further information, please call: (512) 936-6333

Subchapter B. BARBER COLLEGES, SCHOOLS, AND STUDENTS

22 TAC §51.16

The Texas State Board of Barber Examiners proposes an amendment to Rule §51.16 (Equipment for Students) to clarify that it is the Board's intent that a barber school or college purchase from the Board and issue to all students upon enrollment their own copies of the books published by the Board that contain the statutes and rules that govern the practice of barbering in Texas. Further, it is the Board's intent that the students thereafter retain ownership of the books containing the statutes and rules.

The action is proposed to ensure that all students have their own personal copies of the statutes and rules under which barbering is practiced in order to increase the student's knowledge and awareness of those statutes and rules.

Glenn Parker, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact for local government as a result of enforcing or administering the rule. In addition, Mr. Parker has determined that for the first five year period the rule is in effect, revenue to the state will increase by approximately $5,000 per year as a result of increased sales of the required books.

Mr. Parker has determined that for the first five year period the rule is in effect, the public benefit will be having students, barbers and other licensees who are better informed of and who are in increased compliance with the statutes and rules under which they practice. There will be no direct costs to the general public. Barber schools that are not currently purchasing statutes and rules books for each student will have increased expenses for the purchase of the books (currently priced at $5 each, $10 per set). Students may have their fees increased to cover the costs of the books.

No other code, article, or statute is affected.

§51.16.Equipment for Students.

(a) A barber school or college shall furnish each student within seven days of the student's [ ~~students~~ ] enrollment his or her own copy of the current books [ ~~hand book~~ ] published by the board containing the laws , rules, and regulations [ ~~regulation~~ ] governing the practice of barbering. It is the intent of the board that each student retain permanent ownership of the books so that he or she will have ready access to and be knowledgeable of the laws and rules that regulate barbering.

(b) - (e) (No change.)

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 October 15, 2004.

TRD-200406218

Glenn D. Parker

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: November 28, 2004

For further information, please call: (512) 936-6333

Subchapter C. EXAMINATION AND LICENSING

22 TAC §51.77

The Texas State Board of Barber Examiners proposes an amendment to Rule §51.77 (Barber Shop Permit) to require that the shop permit holder(s) for barber shops and specialty shops purchase from the Board current copies of the books published by the Board containing the statutes and rules whenever an original shop permit is issued and whenever a shop permit is renewed. Shop owners would also be required to keep the books in the shop and to make them available to all employees.

The action is proposed to help ensure that all shop owners and other licensees are informed regarding their obligations according to the statutes and rules under which they are regulated.

Glenn Parker, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact for local government as a result of enforcing or administering the rule. In addition, Mr. Parker has determined that for the first five year period the rule is in effect, revenue to the state will increase by approximately $29,000 per year as a result of the increased sales of the required books.

Mr. Parker has determined that for the first five year period the rule is in effect, the public benefit will be having barbers and other licensees who are better informed of and who are in increased compliance with the statutes and rules under which they practice. There will be no direct costs to the general public. Holders of barber shop and specialty shop permits will have increased expenses equal to the costs of the books once each two years as they open a new shop or renew their shop permits. The books are currently priced at $5 each, $10 per set.

This amendment is proposed under the Texas Occupations Code Chapter 1601.151 which provides the Texas State Board of Barber Examiners with the authority to adopt and enforce all rules necessary for the performance of its duties and under TOC Chapter 1601.155 which provides the Board with the authority to set fees in amounts necessary to cover the costs of administering the programs to which the fees relate.

No other code, article, or statute is affected.

§51.77.Barber Shop Permit.

(a) The board shall issue a barbershop permit to an applicant if --

(1) the applicant holds a Class A. barber certificate;

(2) the applicant has practiced barbering for at least 12 months; and

(3) the shop meets the minimum health standards for barbershops set by the board and all other rules of the board.

(b) Applicants for an original barbershop or specialty shop permit and applicants for the renewal of a barbershop or specialty shop permit shall purchase from the board at the time they submit their permit applications and permit renewal applications a copy of the current statutes and rules published by the board containing the laws and rules governing the practice of barbering, and shall make the publications available for review to individuals practicing barbering in the barber shop or specialty shop.

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 October 15, 2004.

TRD-200406217

Glenn D. Parker

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: November 28, 2004

For further information, please call: (512) 936-6333

Subchapter D. BARBER SHOPS

22 TAC §51.91

The Texas State Board of Barber Examiners proposes new §51.91 (Responsibilities of Shop Owners and Shop Managers) to clarify the responsibilities of barber shop and specialty shop owners and managers in regard to verifying the licenses and permits of all employees and independent contractors (booth renters) who engage in barbering in the shop. In the September 3, 2004, issue of the Texas Register (29 TexReg 8482) the Board also proposed amendments to §51.3 (Administrative Fines) to add fines for failure to meet the requirements of the proposed new §51.91.

The action is proposed to increase compliance by licensees and permit holders with the statutes and rules under which they are regulated and help ensure that all individuals engaged in barbering in a barber shop or specialty shop have the appropriate current licenses and permits issued by the Board.

Glenn Parker, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact for local government as a result of enforcing or administering the rule. In addition, Mr. Parker has determined that for the first five year period the rule is in effect, revenue to the state will increase by approximately $50,000 per year as a result of the increased in fines and penalties for violations of the rule.

Mr. Parker has also determined that for the first five year period the rule is in effect, the public benefit will be a decrease in the number of individuals practicing barbering without a license or permit or with an expired license or permit, an increase in compliance by barbers and other licensees with the statutes and rules under which they are regulated, and an increase in funds available within the State's General Fund due to the collection of fines and penalties for violations of the rule. There will be no costs to the general public.

Comments on the proposed new rule may be submitted in writing within 30 days after the publication of the proposal in the Texas Register to Glenn Parker, Executive Director, Texas State Board of Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.

The new rule is proposed under the Texas Occupations Code Chapter 1601.151 which provides the Texas State Board of Barber Examiners with the authority to adopt and enforce all rules necessary for the performance of its duties, and under TOC Chapter 1601.155 which provides the Board with the authority to set fees, and under TOC Chapter 1601.701 which provides the Board with the authority to impose administrative penalties.

No other code, article, or statute is affected by the proposed new rule.

§51.91.Responsibilities of Shop Owner and/or Shop Manager.

(a) The owner of a barbershop or manicurist specialty shop and the shop manager in whose name the shop permit is jointly issued, if different from the owner, shall both be responsible individually and jointly for ensuring that all persons who work in a shop are properly licensed at all times. Individuals who do not hold a current license and/or permit required by the board shall not be allowed to engage in barbering. Shop owners and shop managers commit an offense in violation of board rules if an individual with an expired license or permit or no license or permit engages in barbering in a shop.

(b) Shop owners and/or shop managers shall verify that all employees and independent contractors have current licenses and permits, as applicable, by visually inspecting the license or permit before allowing those individuals to engage in barbering in a shop: and,

(c) The shop owner and/or shop manager shall maintain a current list of all individuals who work in a shop at the time of inspection including employees and independent contractors who engage in barbering. The list is to be made available to board inspectors upon demand. The list shall contain at least the following information:

(1) name of each individual working in the shop;

(2) the file number (license number) for each individual;

(3) the booth rental permit number for each independent contractor (booth renter) whose booth rental permit was issued on or after September 1, 2004;

(4) whether the individual is an employee or an independent contractor who engages in barbering;

(5) the type of license or permit held by the individual (e.g., barber, manicurist;)

(6) the expiration date of the individual's license and/or permit;

(7) the expiration date of the independent contractor's booth rental permit; and

(8) the last date that the shop owner or shop manager inspected the license or permit to confirm the expiration date.

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 October 15, 2004.

TRD-200406226

Glenn D. Parker

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: November 28, 2004

For further information, please call: (512) 936-6333

22 TAC §51.97

The Texas State Board of Barber Examiners proposes an amendment to Rule §51.97 (Booth Rental Permit) to require that booth rental permit holders purchase from the Board current copies of the books published by the Board containing the statutes and rules whenever an original booth rental permit is issued and whenever a booth rental permit is renewed. Individuals holding booth rental permits would also be required to keep the books in the shop and to make them available to all other individuals working in the shops.

The action is proposed to help ensure that all individuals holding booth rental permits are informed regarding their obligations according to the statutes and rules under which they are regulated.

Glenn Parker, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact for local government as a result of enforcing or administering the rule. In addition, Mr. Parker has determined that for the first five year period the rule is in effect, revenue to the state will increase by approximately $15,000 per year as a result of the increased sales of the required books.

Mr. Parker has determined that for the first five year period the rule is in effect, the public benefit will be having barbers and other licensees who are better informed of and who are in increased compliance with the statutes and rules under which they practice. There will be no direct costs to the general public. Holders of booth rental permits will have increased expenses equal to the costs of the books once each two years as they obtain their original booth rental permits or renew their permits. The books are currently priced at $5 each, $10 per set.

This amendment is proposed under the Texas Occupations Code Chapter 1601.151 which provides the Texas State Board of Barber Examiners with the authority to adopt and enforce all rules necessary for the performance of its duties and under TOC Chapter 1601.155 which provides the Board with the authority to set fees in amounts necessary to cover the costs of administering the programs to which the fees relate.

No other code, article, or statute is affected.

§51.97.Booth Rental Permit.

(a) - (d) (No change.)

(e) Applicants for an original booth rental permit and applicants for the renewal of a booth rental permit shall purchase from the board at the time they submit their permit applications and permit renewal applications a copy of the current statutes and rules published by the board containing the laws and rules governing the practice of barbering, and shall make the publications available for review to individuals practicing barbering in the barber shop or specialty shop.

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 October 15, 2004.

TRD-200406216

Glenn D. Parker

Executive Director

Texas State Board of Barber Examiners

Earliest possible date of adoption: November 28, 2004

For further information, please call: (512) 936-6333