DOS-18-13-00006-P Temporary Licenses and Verification of Education
5/1/13 N.Y. St. Reg. DOS-18-13-00006-P
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 18
May 01, 2013
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. DOS-18-13-00006-P
Temporary Licenses and Verification of Education
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of sections 160.5 and 160.33 of of Title 19 NYCRR.
Statutory authority:
General Business Law, section 402
Subject:
Temporary Licenses and Verification of Education.
Purpose:
To implement the appearance enhancement phase of the E-Licensing Initiative.
Text of proposed rule:
Section 160.5 of Title 19 NYCRR is amended to read as follows:
§ 160.5 Temporary license
An applicant who meets all requirements of licensure but for the passage of a written and/or practical examination may make application for a temporary license. Such temporary license shall expire six months from issuance. A second temporary license will not be issued without proof that the applicant has passed the [relevant,] written or practical examination.
Section 160.33 of Title 19 NYCRR is amended to read as follows:
§ 160.33 Verification of education
An application for licensure must be verified by a representative of the approved appearance enhancement school [in the space provided therefor, such verification to be accompanied by the raised seal of such approved school]. A school shall authorize such individual to make such verification, and file such authorization with the department.
Text of proposed rule and any required statements and analyses may be obtained from:
Whitney Clark, NYS Department of State, Division of Licensing Services, 1 Commerce Plaza, 99 Washington Avenue, Albany NY 12231, (518) 473-2728, email: whitney.clark@dos.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority:
General Business Law § 402 authorizes the Department of State to promulgate rules and regulations with respect to the examination of applicants and their qualifications.
2. Legislative objectives:
The statutory intent of Article 27 of the General Business Law is to further the health, safety and welfare of the public by ensuring that appearance enhancement licensees are properly qualified.
3. Needs and benefits:
The proposed rule will advance the statutory intent of Article 27 of the General Business Law by ensuring the qualifications of appearance enhancement licensees. Prospective licensees are required to complete an education program and pass pre-licensing examinations. The Department of State has adopted regulations to implement these requirements.
The Department of State is one of six pilot agencies selected to participate in a statewide “E-Licensing” initiative. Upon implementation of the initiative, license applicants will be permitted to apply to schedule examinations and apply for licenses on-line, thereby reducing the processing and wait time for both considerably. The appearance enhancement portion of the E-Licensing initiative is near completion and is scheduled to be implemented in June 2013. The instant rule-making is being proposed in furtherance of this initiative. If it is adopted, applicants will be permitted to schedule the written and practical examinations, receive exam dates, check examination results, and apply for licenses online. This is expected to greatly expedite the licensing process and permit the Department of State to make better use of examination administration resources.
19 NYCRR 150.5 permits applicants who have completed qualifying education to apply for a temporary license pending passage of the written or practical examination. The regulation currently requires that before a second temporary license may be issued, the applicant must present proof of having passed the written examination. The Department seeks to amend this regulation in furtherance of the e-Licensing initiative both to permit an applicant to obtain a second temporary license upon submitting proof of having passed either the written or practical examination and to allow an applicant to take both exams concurrently. Both examinations test an applicant’s knowledge of appearance enhancement principles. The Department has determined that passage of either examination is sufficient evidence that the applicant possesses the requisite knowledge and skill so as to permit the issuance of a second temporary license. Amending the regulation in this manner will also expedite the licensing process for applicants.
Currently, prospective appearance enhancement licensees must submit a written application to the Department of State. Upon processing the application, the Department mails the applicant an examination admission card. The applicant can then select a date, time and exam site from a pre-published schedule to take their exam. After the examination, the Department processes the examination results and notifies the applicant of same, in writing. If the applicant has passed the written portion of the examination, the Department of State schedules him or her for a practical examination and sends, by mail, an examination admission notice. After the examination, the Department processes the examination results and notifies the applicant of same, in writing. This antiquated process takes, on average, two to six a number of months to complete.
The proposed rule making would also amend 19 NYCRR 160.33. Insofar as the e-Licensing initiative will allow for the electronic submission of school certificates, there will no longer be a need for school certificates to contain a raised seal.
4. Costs:
a. Costs to regulated parties:
The proposed rule will not impose any new costs on prospective licensees. Examination and application fees are set forth in General Business Law section 409. These fees cannot be, and are not being, amended by the instant rulemaking. The relevant statutorily required fees are as follows: $40 for an individual practitioner license, $10 for a temporary license, $60 for an appearance enhancement business license, and $15 for taking an examination.
b. Costs to the Department of State:
The rule does not impose any new costs upon the Department of State. The Department of State currently issues temporary licenses and processes license applications. These licensing functions will continue to be performed by existing staff.
5. Local government mandates:
The rule does not impose any program, service, duty or responsibility upon any county, city, town, village, school district or other special district.
6. Paperwork:
The rule does not impose any new paperwork requirements. It is expected that the rule will reduce paperwork by making amendments to regulations in furtherance of the E-Licensing initiative so that most licensing transactions may be conducted online.
7. Duplication:
This rule does not duplicate, overlap or conflict with any other state or federal requirement.
8. Alternatives:
The Department considered not seeking an amendment to 19 NYCRR 160.5 and 160.33. It was determined, however, that amendments were required to fully implement the E-Licensing initiative.
9. Federal standards:
There are no federal standards regulating the issuance of temporary appearance enhancement licenses or verification of education for appearance enhancement applicants. Consequently, this rule does not exceed any existing federal standard.
10. Compliance schedule:
The General Business Law and existing regulations require prospective appearance enhancement applicants to complete an approved course of education and pass examinations. The proposed regulation does not alter these requirements and, rather, is intended to make compliance easier for prospective licensees. As such, the rule will be effective upon publication of the Notice of Adoption in the State Register and will not include a cure period.
Regulatory Flexibility Analysis
1. Effect of rule:
Upon adoption, the rule will permit appearance enhancement applicants to obtain a second temporary license upon submitting proof of having passed either the written or practical examination, will permit applicants to take both examinations concurrently and will permit schools to submit electronic copies of school certificates to the Department of State.
The rule does not apply to local governments.
2. Compliance requirements:
The proposed rule does not impose any reporting or new recordkeeping requirements on appearance enhancement schools or applicants.
3. Professional services:
Appearance enhancement applicants and schools will not need to rely on professional services to comply with the requirements of the proposed rule. As part of the E-Licensing Initiative, the State is designing an online platform that will permit appearance enhancement applicants to perform most licensing tasks, such as submitting applications and scheduling examinations, online. This platform is intended to be user-friendly, and applicants and schools should not require professional services to use it.
4. Compliance costs:
The proposed rule will not impose any new costs on prospective licensees. Examination and application fees are set forth in General Business Law section 409. These fees cannot be, and are not being, amended by the instant rulemaking. The relevant statutorily required fees are as follows: $40 for an individual practitioner license, $10 for a temporary license, $60 for an appearance enhancement business license, and $15 for taking an examination.
5. Economic and technological feasibility:
The Department has determined that it will be economically and technologically feasible for small businesses to comply with the proposed rule. Most have access to the Internet. To accommodate those who do not, the Department will continue to accept and process applications by traditional methods.
6. Minimizing adverse economic impact:
The Department of State has not identified any adverse economic impact of this rule. The rule does not impose any reporting or recordkeeping requirements on appearance enhancement applicants. It is believed that the rule will expedite the licensing process, allowing qualified applicants to enter the job force more quickly.
7. Small business participation:
Prior to proposing the rule, the Department of State discussed the proposal at an open meeting of the NYS Appearance Enhancement Advisory Committee. At this meeting, members of the public were invited to provide comment. No comments were made on the proposed regulation. In addition, the Department published a copy of the proposed text on its website. No comments were received in response. The Department of State will continue its outreach after the rule is formally proposed as a Notice of Proposed Rule Making in the State Register. The publication of the rule in the State Register will provide additional notice to small businesses. Additional comments will be received and entertained by the Department during the formal public comment period indicated in this Notice of Proposed Rule Making.
8. Compliance
The General Business Law and existing regulations require prospective appearance enhancement applicants to complete an approved course of education and pass examinations. The proposed regulation does not alter these requirements and, rather, is intended to make compliance easier for prospective licensees. As such, the rule will be effective upon publication of the Notice of Adoption in the State Register and will not include a cure period.
Rural Area Flexibility Analysis
1. Effect of the rule:
Upon adoption, the rule will permit appearance enhancement applicants to obtain a second temporary license upon submitting proof of having passed either the written or practical examination, will permit applicants to take both examinations concurrently and will permit schools to submit electronic copies of school certificates to the Department of State.
Some appearance enhancement applicants reside in rural areas.
2. Compliance requirements:
The proposed rule does not impose any reporting or new recordkeeping requirements on appearance enhancement applicants.
3. Professional services:
Appearance enhancement applicants and schools will not need to rely on professional services to comply with the requirements of the proposed rule. As part of its E-Licensing Initiative, the State is designing an online platform that will permit appearance enhancement applicants to perform most licensing tasks, such as submitting applications and scheduling examinations, online. This platform is intended to be user-friendly, and applicants and schools should not require professional services to use it.
4. Compliance costs:
The proposed rule will not impose any new costs on prospective licensees. Examination and application fees are set forth in General Business Law Section 409. These fees cannot be, and are not being, amended by the instant rulemaking. The relevant statutorily required fees are as follows: $40 for an individual practitioner license, $10 for a temporary license, $60 for an appearance enhancement business license, and $15 for taking an examination.
5. Minimizing adverse economic impacts:
The Department of State has not identified any adverse economic impact of this rule. The rule does not impose any reporting or recordkeeping requirements on appearance enhancement applicants. The rule will expedite the licensing process, allowing qualified applicants to enter the job force more easily.
6. Rural area participation:
Prior to proposing the rule, the Department of State discussed the proposal at an open meeting of the NYS Appearance Enhancement Advisory Committee. At this meeting, members of the public were invited to provide comment. No comments were made on the proposed regulation. In addition, the Department published a copy of the proposed text on its website. No comments were received in response. The Department of State will continue its outreach after the rule is formally proposed as a Notice of Proposed Rule Making in the State Register. The publication of the rule in the State Register will provide additional notice to small businesses. Additional comments will be received and entertained by the Department during the formal public comment period indicated in this Notice of Proposed Rule Making.
Job Impact Statement
The Department has determined that the proposed rule will not have a substantial adverse impact on jobs and employment opportunities for appearance enhancement practitioners. The proposed rule will expedite the licensing process for appearance enhancement applicants, thereby enabling them to complete to process and enter the job market more quickly. This should have a positive impact on jobs and employment opportunities in appearance enhancement.
