GENERAL GOVERNMENT

Kentucky Board of Hairdressers and Cosmetologists

(Amendment)

 

      201 KAR 12:010. Administrator's duties.

 

      RELATES TO: KRS[317A.030,] 317A.040

      STATUTORY AUTHORITY: KRS 317A.040

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.040 requires the employment of an administrator to administer the provisions of KRS Chapter 317A and the policies and administrative regulations of the board[coordinate the examinations, inspections, and supervise the general office functions of the agency]. This administrative regulation establishes the duties of the board administrator.

 

      Section 1. Duties. (1) The administrator shall:

      (a) Serve as the board's liaison officer and coordinate all administrative matters of the board.

      (b) Assist the board in hiring proctors to provide examinations.

      (c) Fill merit positions from the merit register as required by KRS Chapter 18A and KAR title 101.

      (2) The administrator may:

      (a) Inspect any establishment licensed by the board or investigate a reported illegal practice or facility in violation of KRS Chapter 317A, 317B, or any administrative regulation promulgated by the board.

      (b) Issue an administrative subpoena for the production of:

      1. A license;

      2. The attendance of a witness; or

      3. The production of records, documents, and material before the board

[serve as the board's liaison officer and coordinator in all administrative matters.

      Section 2. The administrator shall have full powers to inspect any establishment licensed by this board or investigate any reported illegal practice.

      Section 3. The administrator shall have the power for and on behalf of the board to issue subpoenas for licenses, for the attendance of witnesses, and the production of such records, documents, and material as may be necessary in the conduct of board meetings.

      Section 4. The administrator shall assist the members of the board in the giving and supervising of examinations.

      Section 5. The administrator shall fill all merit positions from the merit register as required by the Department of Personnel statutes and rules and administrative regulations. Any or all dismissals of employees shall be made by the majority decision of the board with notification to be made by the administrator. Any suspension or disciplinary action may be made by the appointing authority of the board].

 

R. KAY SWANNER, Board Chair

      APPROVED BY AGENCY: November 15, 2017

      FILED WITH LRC: November 15, 2107 at noon

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 21, 2017, at 9:30, at Kentucky Board of Hairdressers and Cosmetologists. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through 11:59 p.m. on December 31, 2017. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Julie M. Campbell, Board Administrator, 111 St. James Ct. Ste A. Frankfort, Kentucky 40601, phone(502) 564-4262, fax (502) 564-0481, email julie.campbell@ky.gov

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Julie M. Campbell

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation sets forth the duties of the board administrator.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to provide the board administrator with the authority to conduct day-to-day agency oversight.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation is being amended to clarify duties and authority.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation outlines the role and tasks of the administrator.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment will clarify and streamline the existing administrative regulation.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to clarify the role of the board administrator set forth in KRS 317A.040.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment provides guidelines for the administrator based on the current statutory requirements in KRS 317A.040.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will specify administrator duties to promote continuity across board changes.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There will be no impact to licensees, businesses, organizations, or state or local governments.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: This amendment does not impose any requirements on regulated entities.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There is no anticipated cost to licensees because of this amendment.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The authority of the administrator is clarified to facilitate management and day-to-day operations.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No additional funds are necessary initially to implement this administrative regulation.

      (b) On a continuing basis: No additional funds are necessary on an ongoing basis to implement this administrative regulation.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Current funding will not change.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No changes or increases in fees is required by this amendment.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No fees are created or increased directly or indirectly by this regulation.

      (9) TIERING: Is tiering applied? Tiering is not applied as this administrative regulation does not impose any requirements on current or prospective licensees.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? Kentucky Board of Hairdressers and Cosmetologists.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 317A.050, KRS 317A.060, and KRS 317B.020.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. None.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No funds will be raised.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No funds will be raised.

      (c) How much will it cost to administer this program for the first year? None.

      (d) How much will it cost to administer this program for subsequent years? None.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): Not applicable.

      Expenditures (+/-): Not applicable.

      Other Explanation: Not applicable.