GENERAL GOVERNMENT

Kentucky Board of Hairdressers and Cosmetologists

(Amendment)

 

201 KAR 12:260. Fees[License fees, examination fees, renewal fees, restoration fees and miscellaneous fees].

 

RELATES TO: KRS 317A.050, 317A.062, 317B.020, 317B.025

STATUTORY AUTHORITY: KRS 317A.062, 317B.020 [317A.050, 317A.062]

NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.062 and 317B.020 require[requires] the board to promulgate administrative regulations establishing a reasonable schedule of fees and charges for examinations, licenses, and renewal of licenses. This administrative regulation establishes fees relating to cosmetology, esthetics, and nail technology.

 

Section 1. The initial license fees shall be as follows:

(1) Apprentice cosmetologist - twenty-five (25) dollars;

(2) Cosmetologist - twenty-five (25) dollars;

(3) Nail technician - twenty-five (25) dollars;

(4) Esthetician - seventy-five (75) dollars;

(5)[(4)] Apprentice instructor - thirty-five (35) dollars;

(6)[(5)] Cosmetology instructor - fifty (50) dollars;

(7) Esthetic instructor - $100;

(8)[(6)] Beauty salon - thirty-five (35) dollars;

(9)[(7)] Nail salon - thirty-five (35) dollars;

(10) Esthetic salon - $125;

(11) Esthetic independent contractor - $125;

(12)[(8)] Cosmetology school $1,500;

(13)[(9)] Student enrollment permits fifteen (15) dollars;

(14)[(10)] School of cosmetology, transfer of ownership $1,500;

(15)[(11)] School manager change $250;

(16)[(12)] Threading facility permit twenty-five (25) dollars;[and]

(17) Threading [(13) Threader] permit - twenty (20) dollars; and

(18) Out of state endorsement application fee $100.

 

Section 2. The annual renewal license fees shall be as follows:

(1) Apprentice cosmetologist - twenty (20) dollars;

(2) Cosmetologist - twenty (20) dollars;

(3) Nail technician - twenty (20) dollars;

(4) Esthetician - fifty (50) dollars;

(5)[(4)] Apprentice instructor - twenty-five (25) dollars;

(6)[(5)] Cosmetology instructor - thirty-five (35) dollars;

(7) Esthetic instructor - seventy-five (75) dollars;

(8)[(6)] Beauty salon - twenty-five (25) dollars;

(9)[(7)] Nail salon - twenty-five (25) dollars;

(10) Esthetic salon - seventy-five (75) dollars; and

(11) Esthetic independent contractor - seventy five (75) dollars.

(12)[(8)] Cosmetology school $150;

(13)[(9)] Threading facility permit twenty-five (25) dollars; and

(14) Threading [(10) Threader] permit - twenty (20) dollars.

 

Section 3. Applications for examination required by KRS Chapter 317A and 317B shall be accompanied by an examination fee as follows:

(1) Apprentice cosmetologist - seventy-five (75) dollars;

(2) Cosmetologist - seventy-five (75) dollars;

(3) Nail technician - seventy-five (75) dollars;

(4) Esthetician - $125;

(5)[(4)] Cosmetology instructor $100;

(6) Esthetic instructor - $125;

(7)[(5)] Out-of-state cosmetologist $120; [and]

(8) Out-of-state esthetician -$175;

(9)[(6)] Out-of-state cosmetology instructor $200; and

(10) Out-of-state esthetic instructor -$250.

 

Section 4. The fees for retaking an examination or any portion of an examination that an applicant has not successfully completed shall be as follows:

(1) Apprentice cosmetologist - thirty-two (32) dollars;

(2) Cosmetologist - thirty-two (32) dollars;

(3) Nail technician - thirty-two (32) dollars;

(4) Esthetician - $125;

(5)[(4)] Cosmetology instructor - fifty (50) dollars;

(6) Esthetic instructor - $125;

(7)[(5)] Out-of-state cosmetologist - sixty (60) dollars; [and]

(8) Out-of-state esthetician -$175;

(9)[(6)] Out-of-state cosmetology instructor $100; and

(10) Out-of-state esthetic instructor -$250.

 

Section 5. The fee for the restoration of an expired license where the period of expiration does not exceed five (5) years from date of expiration, shall be as follows:

(1) Apprentice cosmetologist - seventy-five (75) dollars;

(2) Cosmetologist - seventy-five (75) dollars;

(3) Nail technician - seventy-five (75) dollars;

(4) Esthetician - $125;

(5)[(4)] Beauty salon - seventy-five (75) dollars;

(6)[(5)] Nail salon - seventy-five (75) dollars; [and]

(7) Esthetic salon - $150;

(8) Esthetic independent contractor - $150;

(9)[(6)] Cosmetology school $750;

(10) Cosmetology Instructor - $100; and

(11) Esthetic instructor - $150.

 

Section 6. Miscellaneous fees shall be as follows:

(1) Demonstration permit[for a guest artist] - fifty (50) dollars;

(2) Certification of a license - twenty (20) dollars;

(3) Duplicate license - twenty-five (25) dollars;

(4) Beauty or nail salon owner, manager, or location change thirty-five (35) dolloars; and

(5) Esthetics salon owner, manager, or location change $125 [Reciprocity application $100; and

(5) School manager change $250].

 

R. KAY SWANNER, Board Chair

APPROVED BY AGENCY: December 12, 2017

FILED WITH LRC: December 13, 2017 at 1 p.m.

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 22, 2018, at 9:30 a.m., 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 is 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 January 31, 2018. 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, 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 establishes fee schedules for all licensees and facilities under the jurisdiction of the Kentucky Board of Hairdressers and Cosmetologists.

(b) The necessity of this administrative regulation: This administrative regulation is necessary to provide a fee schedule for cosmetology schools, salons, cosmetologists, estheticians, and nail technicians.

(c) How this administrative regulation conforms to the content of the authorizing statutes: This amendment consolidates the fee requirements under Chapters 317A and 317B and places them in one administrative regulation for all licensee and facilities.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This amendment outlines all fees for the issuance of licenses and permits, board exams, and fees for license restoration and other miscellaneous services offered by the Kentucky Board of Hairdressers and Cosmetologists.

(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: Currently, fees for the Kentucky Board of Hairdressers and Cosmetologists reside across two administrative regulations. This amendment consolidates all fees into one administrative regulation and eliminates duplicative and unnecessary language where appropriate.

(b) The necessity of the amendment to this administrative regulation: This amendment is needed to assist current and prospective applicants, licensees, and permittees in identifying and understanding costs to obtain licensure and, when necessary, to update licensee information with the board.

(c) How the amendment conforms to the content of the authorizing statutes: This amendment sets forth fees for licensing based on the current statutory requirements in KRS Chapters 317A and 317B.

(d) How the amendment will assist in the effective administration of the statutes: This amendment will provide a simple regulatory framework for all fees consistent with the authorizing statutes and assist the public and licensees in determining the costs to obtain demonstration permits, licenses, board exams, and all other necessary fees.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are approximately 38,000 licensees affected by this amendment across the various cosmetology disciplines and student enrollments.

(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 change the current processes, definitions, or intent of the regulations compiled. All items addressed in this amendment are currently addressed in other administrative regulations.

(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. All existing fees are now consolidated into one administrative regulation.

(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): There will be a higher rate of compliance with the law due to the clarity provided by this amendment. Current and prospective licensees will gain an easier and better understanding of the regulatory fees for licensure.

(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 amendment.

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

(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 as a result of this amendment.

(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 will be needed as a result of this amendment.

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This amendment sets forth fees for licensing based on the current statutory requirements in KRS Chapters 317A and 317B.

(9) TIERING: Is tiering applied? Tiering is not applied as the requirements of this administrative regulation apply equally to all current and 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? The Kentucky Board of Hairdressers and Cosmetologists will be impacted.

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

(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? This amendment consolidates current fees based on existing administrative regulations and therefore will not generate any additional revenue for the state or local government for the first year.

(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? This amendment consolidates current fees based on existing administrative regulations and therefore will not generate any additional revenue for the state or local government for subsequent years.

(c) How much will it cost to administer this program for the first year? No additional cost is anticipated as a result of this amendment for the first year.

(d) How much will it cost to administer this program for subsequent years? No additional cost is anticipated for subsequent years as a result of this amendment.

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

Revenues (+/-): No impact

Expenditures (+/-): No impact

Other Explanation: None