CR 15-028 Rule Text

STATE OF WISCONSIN

Department Of Safety And Professional Services

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

ADOPTING CLEARINGHOUSE RULE 15-028

ORDER

An order of the Department of Safety and Professional Services to repeal SPS 61.02; to amend SPS 50.110 (3) (Note), 50.300 (1), 50.310 (3) (b), 60.02 (1), 61.01, 61.03 (1) (intro.), 61.04 (1) and (2), 61.05 (intro.), 61.06 (2) and (2) (Figure 61.06) (title), 61.06 (4), 61.07, 65.02 (1) (Note), and 65.03 (1) and (3) (Figure 65.03) (title); to repeal and recreate SPS 50.310 Table, and to create SPS 50.110 (1m), 50.300 (intro.), 61.03 (intro.) (Note), 61.04 (2) (Note), 61.05 (intro.) (Note), 61.07 (Note), and 65.02 (2) (Note) relating to barbering and schools of barbering, cosmetology, aesthetics, electrology, and manicuring.

Analysis prepared by the Department of Safety and Professional Services.

------------------------------------------------------------------------------------------------------------

ANALYSIS

Statutes interpreted:

Sections 440.03 (9) (a), 440.08 (2) (a) 19., 440.08 (2) (a) 24k., 440.60, and 454.26 (2), Stats.

Statutory authority:

Sections 227.11 (2) (a), 440.03 (9) (a), 440.62 (3) (ag), 454.245, Stats.

Explanation of agency authority:

The Department of Safety and Professional Services (Department) is authorized by the legislature, pursuant to s. 227.11 (2) (a), Stats., to promulgate rules interpreting the provisions of any statute it enforces or administers. Section 440.62. (3) (ag), Stats., sets forth the requirements the Department must adhere to when issuing licenses to schools of barbering. Section 454.245, Stats., requires the Department to identify, by rule, the accrediting agencies it approves to accredit schools.

Related statute or rule:

Wisconsin Administrative Code Chapters Cos 1 to 11

Plain language analysis:

The proposed rule addresses changes prompted by the passage of recent legislation. 2011 Wisconsin Act 190 severed the Barbering and Cosmetology Examining Board and transferred the regulation of the practice of barbering to the Department of Safety and Professional Services. Act 190 added several new definitions to s. 440.60, Stats., which required updating s. SPS 60.02. 2013 Wisconsin Act 205 reduced the number of hours of practical training that an apprentice in barbering must acquire from 3,712 hours to 1,712 hours. This change required amending the syllabus for apprentice training experience set forth in s. 50.310 table. Lastly, 2013 Wisconsin Act 356 created a provision requiring the Department to identify, by rule, the accrediting agencies it approves to accredit barbering schools. The proposed rule also updates the renewal date for barbering and cosmetology schools. The proposed rule additionally repeals s. SPS 61.02 as these provisions no longer accurately reflect the fees for licenses issued to schools and specialty schools. Section 440.62 (2), Stats., allows the Department to determine the licensure fees in accordance with s. 440.03 (9) (a), Stats., which establishes a biennial recalculation of credential fees.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Comparison with rules in adjacent states:

Illinois: Licenses for barbers, barber teachers, and barber schools expire July 31st of each odd numbered year. Ill. Admin. Code tit. 68 § 1175.225. No apprenticeship requirements or accreditation standards were found.

Iowa: Licensed barbering schools in Iowa must renew on an annual basis. Iowa Code § 158.7 Iowa accepts Barbering schools required course of study consists of 2,100 hours of instruction. Iowa Code § 158.8. Apprenticeship hours earned in other states may be applied towards the required 2,100 hours course of study. 645 Iowa Admin. Code r. 23.15.

Michigan: Licenses for barbers, barber instructors, barbershops, and barber colleges are renewed on a 2-year cycle expiring on September 30th. A barber college’s license is automatically revoked if there is a transfer of ownership or change of location. Mich. Comp. Laws § 339.1110. No apprenticeship requirements or accreditation standards were found.

Minnesota: Barbers, barber shops, barber instructors, and barber schools are registered in Minnesota. Minn. Stats. 154.01. Barber schools must renew their registration on an annual basis. Minn. R. 2100.5600. Minnesota registers apprentices; however the statutes and rules were silent as to apprentice training experience requirements.

Summary of factual data and analytical methodologies:

The methodology used for developing the proposed rule includes reviewing recent legislation 2011 Wisconsin Act 190, 2013 Wisconsin Act 205, and 2013 Wisconsin Act 356 and obtaining feedback from the Department’s barbering advisory committee.