20120208-IR-820120064ARA Re: LSA Document Number 12-64

TITLE 820 STATE BOARD OF COSMETOLOGY AND BARBER EXAMINERS

Administrative Rules Oversight Committee Notice 60 Day Requirement (IC 4-22-2-19) LSA Document #12-64

February 6, 2012

Honorable Representative Jeffrey Thompson, Chairperson

Administrative Rules Oversight Committee

c/o Legislative Services Agency

Attn: Sarah Burkman

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

Re: LSA Document Number 12-64

Dear Representative Thompson:

On behalf of the Indiana State Board of Cosmetology and Barber Examiners, Indiana Professional Licensing Agency, I am submitting this letter to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-19 because the Agency was unable to begin the rulemaking process of the captioned rule within sixty (60) days after the July 1, 2007, effective date of the statute that authorizes the rule. Given the unique and complex nature of the license type created by the statute, extensive research had to be done to determine the type and extent of regulation needed.

Any rule adopted by the agency must be drafted and approved by the State Board of Cosmetology and Barber Examiners, a board that meets only six (6) times per year. The State Board of Cosmetology and Barber Examiners devotes a large amount of time each meeting considering administrative complaint and administrative appeal hearings. The board has little control over the length of each hearing. This has left little time for the board to conduct its research and discuss and draft rule language.

For these reasons, the sixty (60) day deadline to begin the rule making process was not met. The Notice of Intent to promulgate the rules was filed February 1, 2012.

This notification of the delay in meeting the sixty (60) day deadline after the effective date of the statute that authorizes the rule is being submitted in a timely manner.

Sincerely,

Tracy Hicks

Board Director

Cc: Frances L. Kelly, Executive Director

Lisa Bentley, Deputy Director

Marty Allain, Chief Legal Counsel

Posted: 02/08/2012 by Legislative Services Agency

DIN: 20120208-IR-820120064ARA

Composed: Nov 01,2016 1:20:25AM EDT

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