Agenda for April Board Meeting
April 8; 9:00 a.m.
1. Read and possibly approve Board Minutes of February 5, 2002.
2. Discuss for possible action Proposals for Decisions from the State Office of Administrative Hearings
3. Discuss for possible action regarding the adoption of proposed rule 51.7 Cost of Administrative Hearings to grant the State Board of Barber Examiners the authority to assess an additional penalty (not to exceed $200) for administrative hearings.
4. Discuss for possible action regarding adoption of an amendment to rule 51.30(3)(L) to delete “manicuring, 1 hour.”
5. Discuss for possible action regarding adoption of an amendment to rule 51.31 Manicurist Course to implement a new manicurist license training course consisting of 600 rather than 300 hours of instruction for not less than 16 weeks rather than eight weeks; if adopted, this rule would comply with the requirements enacted by the 77th Texas Legislature.
6. Discuss for possible action the repeal of rule 51.32 Wig Specialist Course and rule 51.33 Wig Instructor Course.
7. Discuss for possible action regarding the adoption of a new rule 51.77 Barber Shop Permit which would require the following: (1) that an applicant for a barber shop permit has been licensed for 12 months; (2) that the applicant’s shop has met the Barber Board’s minimum health standards for barber shops; (3) that the applicant has complied with all other rules of the Board.
8. Discuss for possible action regarding the adoption of an amendment to rule 51.5 Good Standing Required for License Renewal such that no license or permit may be issued or renewed unless the licensee is in good standing with the Barber Board.
9. Discuss for possible action regarding the adoption of an amendment to rule 51.141 (5) Out of Scope. (A) The use of any blade, drill or cutting tool (power or manual) designed for the purpose of removing corns and calluses or violating the nail bed in any manner is prohibited.
10. Discuss for possible action regarding the adoption of proposed rule 51.98 State-Mandated Fee for Occupational Licensing Transactions Using the Internet.
11. Consider language for a proposed rule under the Texas Occupations Code 1601.504 Necessary Equipment.
12. Consider language for a proposed rule under the Texas Occupations Code 1601.152 Sanitation Rules.
13. Consider language for an amendment to rule 51.92 to require that the Barber Board's laws and rules shall be displayed in a barbershop.
14. Consider language for an amendment to rule 51.97 to require that the Barber Board's laws and rules shall be displayed at the Booth Renter's workstation.
15. Consider language for an amendment to rule 51.121 Barber Inspector such that an applicant for the position of barber inspector must be a licensed barber and must have practiced barbering for at least three (rather than five) years immediately prior to applying for the position.
16. Consider language for a proposed rule that would permit the Executive Director to sign a Board Order once a Proposal for Decision has been ratified by the Board.
17. Discuss for possible approval an enforcement policy based upon an interpretation of Texas Occupations Code 1601.560 such that 1601.560 is interpreted to mean a qualified instructor for every 20 students for instruction in class or in attendance.
18. Discuss for possible approval a policy that the Board will consider an anonymous complaint as valid. As part of this policy, if a complaint is signed, any request for the identity of the person who signed the complaint shall be forwarded to the Board's representative from the Office of Attorney General who will determine what information shall be released.
19. Discuss for possible approval a new employee performance evaluation form and directions proposed by the Executive Director. The Texas Commission on Human Rights has stated the proposed form and its instructions comply with the Texas Commission on Human Rights Act.
20. Discuss a change to the barber examination such that an examinee will be permitted to leave a moustache and goatee in the shave procedure.
21. Review and discuss the following proposed changes to the Texas Occupations Code, Chapter 1601. Barbers for the 78th Texas Legislature:
a. raise the age from 16 to 18 to be eligible for a manicurist license (1601.253)
b. raise the maximums for various fees and other fee changes
c. provide that the board may adopt reasonable rules on cleanliness rather than maintain detailed cleanliness requirements in the Code (1601.506)
d. provide that a qualified instructor shall be present for 25 (rather than 20) students on premises (1601.560)
e. provide that, upon withdrawal from a school, a student may not obtain an official transcript of hours taken and practical applications performed at the school until the student has paid the school for tuition, fees, books, and/or tools (1601.565)
f. provide that a student's hours at one school may not be transferred to another school until the student has paid the prior school for tuition, fees, books, and/or tools (1601.565)
g. provide that a student may not be allowed to take the state examination until the student has paid the school for tuition, fees, books, and/or tools (1601.261)
h. provide that a student or student teacher that fails the state exam three times must take a 300 hour remediation course from a licensed Texas school and that the school shall send certification to the Board that the student or student teacher has successfully completed the course (1601.257; 1601.263)
i. provide that a person who fails to attend the hearing before the Executive Director shall pay the administrative fine by default and the Board, upon approving the default fine, may bar the license renewal (1601.705).
j. provide that the shop owner's name must appear on a barber shop permit if a barber is not the shop owner (1601.303)
k. delete the provision that an individual may apply for a barber technician's license (1601.256; 1601.261; 1601.354)
l. delete the provision that a student may apply for an early written examination (1601.262).
m. amend eligibility requirements for a teacher's certificate from five years' experience as a practicing barber to three years (1601.254)
n. delete health certificate requirement (1601.264) as requested by Willis Robert Lowmiller, licensed Texas barber (Mr. Lowmiller's letter is included in the Board's materials).
22. Review and discuss agency's financial budget for 09/01/2001 - 02/28/2002.
23. Review and discuss agency's administrative fine report for 09/01/2001 - 02/28/2002.