54 N.J.R. 32(a)

VOLUME 54, ISSUE 1, JANUARY 3, 2022
RULE PROPOSALS

Reporter
54 N.J.R. 32(a)
NJ - New Jersey Register  >  2022  >  JANUARY  >  JANUARY 3, 2022  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of  N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at      N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > NEW JERSEY STATE BOARD OF COSMETOLOGY AND HAIRSTYLING

Administrative Code Citation


Proposed Amendment: N.J.A.C. 13:28-6.28A
Text

Curriculum for 300-Hour Course for Persons Holding a New Jersey State Barbering License Issued After 1985 Who Wish to Obtain a Cosmetology and Hairstyling License
Authorized By: Jay Malanga, Executive Director, New Jersey State Board of Cosmetology and Hairstyling.
Authority: N.J.S.A. 45:5B-6.r.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2022-001.
Submit comments by March 4, 2022, to:

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

or electronically at:   www.NJConsumerAffairs.gov/proposal/comment/.

The agency proposal follows:
Summary
The New Jersey State Board of Cosmetology and Hairstyling (Board) is proposing amendments at N.J.A.C. 13:28-6.28A to provide that a makeup application should be included in the 300-hour course for barbers who were licensed by the Board after 1985, because makeup application is within the scope of practice for that license. The Board believes this change will benefit licensees and consumers by ensuring that, upon licensure, those licensees will be able to perform makeup application services. In addition, the proposed amendments will resolve any ambiguity in the existing rules and clarify the standards for licensed schools that offer such programs.  
The Board proposes to restructure the 300-hour course for barbers who were licensed by the Board after 1985 and have decided to seek a cosmetology and hairstyling license by consolidating the instruction categories for nail wraps, nail gels, and sculptured nails under the existing hours of instruction for nail wraps. The Board also proposes renaming the nail wraps instruction category as "nail overlays," which is a broader term that encompasses nail wraps, nail gels, and sculptured nails. The Board proposes reallocating the existing hours of instruction for nail gels and sculptured nails to form a new category of makeup instruction, that will consist of 15 hours of class and subject-related instruction and 45 hours of practical instruction, for a total of 60 hours.  
Additionally, the Board is proposing various technical amendments at N.J.A.C. 13:28-6.28A. The Board is proposing to use the term "pedicuring," rather than "pedicure," for consistency with the currently used term "manicuring." The Board also proposes to delete the term "removal of unwanted hair" and add the term "temporary hair removal," which is a more accurate description of the permitted practice for cosmetologist-hairstylists who may only perform temporary hair removal services. The Board also proposes to replace "and" with "&" where applicable.  
The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.  
Social Impact
The Board believes that the proposed amendments will have a positive impact on the consumers of New Jersey by ensuring that licensees receive instruction in makeup application, in accordance with the scope of practice for the license sought.  
Economic Impact
The Board does not believe that the proposed amendments will have any economic impact.  
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A 45:5B-1 et seq., and are not subject to any Federal standards or requirements.  
Jobs Impact
The Board does not believe that the proposed amendments will result in the creation or the loss of jobs in the State.  
Agriculture Industry Impact
The Board does not believe that the proposed amendments will have any impact on the agriculture industry of the State.  
Regulatory Flexibility Analysis
Currently, the Board licenses approximately 43,553 cosmetologist-hairstylists, 1,374 barbers, and 34 schools of cosmetology and hairstyling. If these 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 amendments will impose compliance requirements on individuals holding barbering licenses who desire to obtain cosmetology and hairstyling licenses and licensed schools offering the curriculum for those licensees. These requirements are outlined in the Summary above.  
The proposed amendments will not impose any costs on licensees, beyond the costs currently associated with the 300-hour course, and the Board does not believe that additional professional services will be needed to comply with the proposed amendments. The Board believes that the proposed amendments should be uniformly applied to all barbers wishing to obtain cosmetology and hairstyling licenses, and on all licensed schools offering the curriculum for those licensees, in order to ensure the health, safety, and welfare of the general public in the provision of cosmetology and hairstyling services. Therefore, no differing compliance requirements for any applicant are provided based upon the size of the business.  
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern the curriculum for barbers licensed after 1985 seeking a cosmetology and hairstyling license.  
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth development and there is an extreme unlikelihood that the proposed amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern the curriculum for barbers licensed after 1985 seeking a cosmetology and hairstyling license.  
Racial and Ethnic Community Criminal Justice and Public Safety Impact
The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.  
Full text of the proposal follows (additions indicated in italicized boldface thus; deletions indicated in brackets [thus]):
(Agency Note: The text N.J.A.C. 13:28-6.28A depicted below contains boldface text, which is not new, but is intended to be permanently boldfaced in the New Jersey Administrative Code.)  
[page=33] SUBCHAPTER 6.           SCHOOLS OF COSMETOLOGY AND HAIRSTYLING  
13:28-6.28A  Curriculum for 300-hour course for persons holding a New Jersey State barbering license issued after 1985 who wish to obtain a cosmetology and hairstyling license  
TIME DISTRIBUTION FOR INSTRUCTIONAL UNITS AND CLINICAL PRACTICE: