ARC 5039C
PROFESSIONAL LICENSURE DIVISION[645]
Adopted and Filed
Rule making related to licensure of barbers who complete training while in custody of the department of corrections
The Board of Barbering hereby amends Chapter 21, “Licensure,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code sections 158.15 and 147.76.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 158.3.
Purpose and Summary
2019 Iowa Acts, Senate File 567, section 12, amends Iowa Code section 158.3, which governs the licensure requirements of barbers. This rule making amends the Board’s requirements so that an applicant who completes a barbering apprenticeship training program registered by the Office of Apprenticeship of the United States Department of Labor while committed to the custody of the Director of the Iowa Department of Corrections (DOC) shall be allowed to take the examination for a license to practice barbering.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on January 15, 2020, as ARC 4860C. A public hearing was held on February 4, 2020, at 8 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, Des Moines, Iowa. The public hearing was attended by representatives of the DOC, who were present to answer questions. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Board on March 30, 2020.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rule making will become effective on June 10, 2020.
The following rule-making actions are adopted:
	Item 1. Adopt the following new definition of “Apprentice” in rule 645—21.1(158):
“Apprentice” means any person, other than a helper, journeyperson, or master, who is working under the supervision of either a master or a journeyperson and is progressing toward completion of a barbering apprenticeship training program registered by the Office of Apprenticeship of the United States Department of Labor while learning and assisting in the practice of barbering.
	Item 2. Amend paragraph 21.2(1)“a” as follows:
	a. 	Applicants shall complete a board-approved application form. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) website (www.idph.iowa.gov/licensure) or directly from the board office. The application and licensure fees shall be sent to the Board of Barbering, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075.
	Item 3. Amend paragraph 21.2(1)“c” as follows:
	c. 	Applicants shall provide an official copy of the transcript or diploma sent directly from the school to the board showing proof of completion of training at a barber school licensed by the board. If the applicant graduated from a school that is not licensed by the board, the applicant shall direct the school to provide an official transcript showing completion of a course of study that meets the requirements of rule 645—23.8(158).  If the applicant completed a barbering apprenticeship training program registered by the Office of Apprenticeship of the United States Department of Labor while committed to the custody of the director of the department of corrections, the applicant shall request the department of corrections to provide an official transcript showing completion of the apprentice program.
[Filed 4/24/20, effective 6/10/20]
[Published 5/6/20]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/6/20.