BEFORE THE BOARD OF BARBERS AND COSMETOLOGISTS

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.121.301 definitions, 24.121.406 nonroutine applications, 24.121.601 licensure by examination, 24.121.603 licensure by credentialing with an out-of-state license, 24.121.604 licensure equivalency for professional education, 24.121.605 application for postsecondary school licensure, 24.121.801 inspection - school layout, 24.121.807 school curricula, 24.121.1105 teacher-training curriculum and teaching methodology coursework, 24.121.1301 salons/booth rental, and 24.121.1509 implements, instruments, supplies, and equipment, and the repeal of 24.121.404 anonymous complaints

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NOTICE OF AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

          1. On December 23, 2016, the Board of Barbers and Cosmetologists (board) published MAR Notice No. 24-121-14 regarding the public hearing on the proposed amendment and repeal of the above-stated rules, at page 2396 of the 2016 Montana Administrative Register, Issue No. 24.

 

          2. On January 17, 2017, a public hearing was held on the proposed amendment and repeal of the above-stated rules in Helena. One comment was received by the January 20, 2017, deadline.

 

          3. The board has thoroughly considered the comment received. A summary of the comment and the board response are as follows:

 

COMMENT 1: Board counsel advised the board is without statutory authority to reduce the time for new salons to respond to inspection violations in ARM 24.121.1301(8). Because 37-31-312(3), MCA, allows new salons and shops a minimum of 30 days to respond to inspection violations, only allowing ten days would conflict with the statute.

 

RESPONSE 1:  After considering the comment, the board is not proceeding with the proposed changes to ARM 24.121.1301(8).

 

          4. The board has amended ARM 24.121.301, 24.121.406, 24.121.601, 24.121.603, 24.121.604, 24.121.605, 24.121.801, 24.121.807, 24.121.1105, and 24.121.1509 exactly as proposed.

 

          5. The board has repealed ARM 24.121.404 exactly as proposed.

 

          6. The board has amended ARM 24.121.1301 with the following changes, stricken matter interlined, new matter underlined:

 

          24.121.1301 SALONS/BOOTH RENTAL (1) through (7) remain as proposed.

          (8) A new salon or shop may be granted a temporary operating permit pending an initial inspection. No prior notice of the inspection is required. A temporary operating permit shall terminate and a license shall not be granted without board review, unless the salon or shop provides the board with a response within ten 30 days of the date of the inspection that indicates all the inspection violations have been corrected to the inspector's satisfaction. If the scope of the correction requires additional time, the additional time must be approved by the inspector, but in no case shall the time be extended beyond 30 days of the date of the inspection. If a temporary permit terminates, the salon or shop must cease operation until the application is granted by the board and a license issued. A subsequent temporary operating permit is not available unless the application times out pursuant to ARM 24.121.403 and a new application is filed.

          (9) through (12) remain as proposed.

 

	BOARD OF BARBERS AND COSMETOLOGISTS THAYNE ORTON, PRESIDENT
/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ PAM BUCY Pam Bucy, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

          Certified to the Secretary of State February 6, 2017