Administrative Rule Review Report         #   AR10-070

Legislative Service Office

11-Oct-10

AGENCY:                                 Board of Cosmetology

DATE SUBMITTED:                   10/6/2010

SUBJECT:                                 Chapters 1 through 6 and 8 through 13, Board of

                                                Cosmetology.

NATURE OF RULES:                      Procedural and legislative.

STATUTORY AUTHORITY:          W.S. 33-12-123 and 134.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Procedural compliance appears to be complete.

SUMMARY OF RULES:  The rules clarify the scope of practice for the branches of cosmetology and add wax training for hairstylists and nail technicians.  Unprofessional conduct and dishonest conduct are also clarified.  The amendments expand the requirements for individual licenses and for operating beauty schools and cosmetology schools. 

FINDINGS:  The rules appear to be within the scope of statutory authority.  There is a concern that unlike section 3 of chapter 11, section 1 does not clarify that in a contested case hearing considering a denial of a license, board members and staff who participated in the preparation of the denial may not participate in the agency decision.  See W.S. 16-3-111.

 

STAFF RECOMMENDATION:  That the Council recommend to the Governor that the Governor direct the agency to consider the above comment.  Otherwise, LSO recommends that the rules be placed on the Consent List and approved by the Council as submitted.

                                                            _______________________

                                                            Lily Sharpe

                                                            Staff Attorney

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

LNS/cb