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NEW JERSEY REGISTER
VOLUME 39, ISSUE 21
ISSUE DATE: NOVEMBER 5, 2007
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF COSMETOLOGY AND HAIRSTYLING
Applicants for Examination for Licensure; Acceptable Documentation of Credentials;
License Renewals; Reinstatement; Inactive Status

 

Proposed Amendment: N.J.A.C. 13:28-1.1

Authorized By: New Jersey State Board of Cosmetology and Hairstyling, Jay Malanga, Executive Director.

Authority: N.J.S.A. 45:5B-6(a), 45:5B-17(a) and 45:1-15.1.
Calendar Reference: See Summary below for explanation of exception to the calendar requirement.

Proposal Number: PRN 2007-333.
Submit comments by January 4, 2008 to:

Jay Malanga, Executive Director
New Jersey State Board of Cosmetology and Hairstyling
124 Halsey Street
PO Box 45003
Newark, New Jersey 07101

The agency proposal follows:

Summary

The New Jersey State Board of Cosmetology and Hairstyling (the Board) is proposing to amend N.J.A.C. 13:28-1.1, which delineates the documentation which must be submitted in order to satisfy the educational prerequisites for licensure as a cosmetologist-hairstylist in the State. Consistent with the statutory requirement set forth in N.J.S.A. 45:5B-17(a) of the Cosmetology and Hairstyling Act, N.J.A.C. 13:28-1.1(c) currently provides that all cosmetology and hairstyling licensure applications must be accompanied by proof of satisfactory completion of high school or its equivalent. Such proof may consist of a high school diploma, a certified high school transcript, or other documents which constitute reliable proof of educational attainment. The Board is proposing to amend N.J.A.C. 13:28-1.1(c) to provide that applicants for licensure may submit, in lieu of a high school diploma or high school transcript, a transcript or diploma which establishes that the applicant has passed the examination administered by the General Educational Development Testing Service, commonly known as the GED examination. The proposed amendment, therefore, will require applicants for licensure who do not possess a high school diploma or transcript to pass the GED examination in order to qualify for licensure. The Board believes that requiring passage of the GED examination in those situations where an applicant does not have a high school diploma or transcript will provide the Board with an objective standard by which to measure high school equivalency, thereby ensuring an applicant's competency to safely engage in the practice of cosmetology and hairstyling. The Board has determined that the comment period for this proposal shall be 60 days. Therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The Board believes that the proposed amendment to N.J.A.C. 13:28-1.1 will have a positive impact upon members of the regulated community by providing clear direction regarding what documentation applicants for licensure must submit to satisfy the high school education requirement imposed pursuant to N.J.S.A. 45:5B-17(a). The proposed amendment will have an impact upon applicants for licensure who do not possess a high school diploma or high school transcript by requiring such applicants to pass the GED examination in order to qualify for licensure. The Board also believes that the proposed amendment will have an impact upon the licensed community and the consumers they serve by allowing the Board to objectively validate high school equivalency, thereby ensuring an applicant's competency to safely engage in the practice of cosmetology and hairstyling.

Economic Impact

The Board believes that the proposed amendment may have an economic impact upon applicants for licensure as cosmetologists-hairstylists who do not possess a high school diploma or high school transcript to the extent that such applicants will be required to pass the GED examination. Such applicants who have not obtained a GED diploma will be economically impacted by the proposed amendment to the extent that they will be unable to qualify for a license to engage in the practice of cosmetology and hairstyling. The Board believes that any economic impact that may be borne by applicants for licensure as a result of the proposed amendment will be outweighed by the benefit to consumers in ensuring that all applicants satisfy the educational prerequisites for licensure and are, therefore, competent to engage in the practice of cosmetology and hairstyling.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 45:5B-1 et seq., and is not subject to any Federal standards or requirements.

Jobs Impact

The Board does not believe that the proposed amendment will result in an increase or decrease in the number of jobs in the State.

Agriculture Industry Impact

The Board does not believe that the proposed amendment will have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

Currently, the Board licenses approximately 80,000 practitioners, shops, and schools of cosmetology and hairstyling. If Board licensees are considered "small businesses" within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., then the following analysis applies. The proposed amendment to N.J.A.C. 13:28-1.1 will not impose any reporting, recordkeeping, or compliance requirements upon Board licensees. The proposed amendment, however, will impose compliance requirements upon applicants for licensure to engage in the practice of cosmetology and hairstyling. These requirements are discussed in the Summary statement above. No additional professional services will be needed to comply with the proposed amendment. The costs of compliance with the proposed amendment are discussed in the Economic Impact statement above. The Board believes that the proposed amendment should be uniformly applied to all applicants for cosmetology and hairstyling licensure in order to ensure the health, safety and welfare of the general public in the provision of cosmetology and hairstyling services and, therefore, no differing compliance requirements for any Board licensees or applicants for licensure are provided based upon the size of the business.

Smart Growth Impact

The Board does not believe that the proposed amendment will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

13:28-1.1 Applicants for examination for licensure; acceptable documentation of credentials; license renewals; reinstatement; inactive status

(a)-(b) (No change.)

(c) All applications must be accompanied by proof of satisfactory completion of high school or its equivalent. The following are deemed to constitute such proof:

1. (No change.)

2. A certified [High School] high school transcript substantiating successful completion of a secondary program; or

3. [Any other document or affidavit which constitutes reliable proof of educational attainment.] A transcript or diploma issued after successful passage of the examination developed by the General Educational Development (GED) Testing Service.

(d)-(k) (No change.)



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