There are no provisions in the cosmetology laws on the issues outlined herein.
Barber Rule 2100.3000 outlines the requirements for examination grading and requires that the grading criteria for the written part be established at the time each examination is written (and as such, may vary), however, there is a minimum passing score of 55. The practical examination requires a minimum passing score of 75 (on a 100 point scale) for the haircut and oral portions of the examination and a minimum of 75 for the remaining portions of the examination. Failure to meet the minimum of any of these three requirements constitutes failure of the whole and requires retesting after completion of two additional months and 300 additional hours of practice.
Barber Rule 2100.0700 addresses examination grading for barber apprentices. The rules and requirements mirror those set for barbers, however, the minimum passing score is 70.
Barber Rule 2100.3200 relates to failed examinations and requires an apprentice who fails to satisfactorily pass an examination for a certificate of registration to practice as a registered barber to practice an additional two months and 300 hours to be eligible to retake the examination.
Summary of factual data and analytical methodologies
The comparison information with the rules in adjacent states was obtained directly from contact with those states via email or telephone correspondence, as well as a survey and review of their laws and rules. Additionally, information was obtained from examination specialists within the department relative to changes in the industry related to the examination process. Specifically, many states, including Wisconsin, have gone from creating and administering their own examinations “in house," to the national trend of using examination vendors who create the examination, maintain all proprietary interests in the examination, and then serve as a vendor to administer the examination.
Additional consideration was given to the age of the rules as they presently exist, the shortcomings presented by the rules which no longer accurately reflect current practices, as well as other challenges created by current provisions. The last consideration contributing to the proposed changes relate to examination scoring. Under the rules as they presently exist, an applicant is able to fail two-thirds (2/3) of the examination and still be eligible to receive an unrestricted license to practice.
The proposed changes here are a result of all of the above information and considerations, and are designed to remedy the identified problems.
Analysis and supporting documents used to determine effect on small business
The proposed rule changes will have no fiscal effect at all. The changes are remedial in nature and relate only to administrative measure untied to any fiscal expenditure.
, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Small Business Impact
These proposed rules were reviewed and discussed by the department's Small Business Review Advisory Committee and determined that the rules will not have any significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1)
The department finds that the proposed rule will have no significant fiscal impact.
Agency Contact Person
Pamela Haack, Paralegal
Dept. of Regulation and Licensing
P.O. Box 8935
1400 East Washington Avenue, Room 152
Madison, WI 53708
Email: pamela.haack@ wisconsin.gov
Notice of Hearing
Children and Families
NOTICE IS HEREBY GIVEN that pursuant to ss. 48.983 (2)
and 227.11 (2) (a)
, Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed rules creating Chapter DCF 35
, relating to home visitation to prevent child abuse and neglect and affecting small businesses.
April 6, 2010
GEF 1 Building
201 E. Washington Avenue, H206
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is wheelchair accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at a hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Copies of Proposed Rule
A copy of the proposed rules is available at http://adminrules.wisconsin.gov
. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen, Office of Legal Counsel
Department of Children and Families
201 E. Washington Avenue
Madison, WI 53707
Phone: (608) 267-9403
Submission of Written Comments
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than April 7, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Children and Families
Related statutes or rules
Explanation of agency authority
Under s. 48.983
, Stats., as affected by 2009 Wisconsin Acts 28
, a county, private agency, or Indian tribe may apply to the department for an annual grant that will be used to operate a home visiting program to prevent child abuse and neglect and promote healthy birth outcomes.
The home visiting program will provide case management services that will begin when a woman who is eligible for Medical Assistance is pregnant if an assessment indicates the presence of risk factors for poor birth outcomes or child abuse and neglect. Services will generally continue until the child is 3 years old. One of the purposes for which the grant may be used is to reimburse a case management provider for the amount of the allowable charges under the Medical Assistance program that is not reimbursed by the federal government. The grants may also be used for flexible funds for appropriate expenses of each participating family, worker training activities, and a grantee's start-up costs and capacity building.
The minimum amount of a grant is $10,000. The county, private agency, or Indian tribe shall agree to match at least 25% of the grant amount annually in funds or in-kind contributions. The department shall determine the amount of a grant awarded to a county, private agency, or Indian tribe in excess of $10,000 based on the need for a grant, as determined by a formula that the department shall promulgate by rule. The formula shall determine need based on the number of births that are funded by Medical Assistance in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes, in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe.
Summary of the proposed rule
The minimum amount of a grant is $10,000. The department shall determine the amount of an initial grant awarded to a county, private agency, or Indian tribe in excess of the minimum amount based the following weighted criteria applied to the population in that county, the area in which the private agency is providing services, or the reservation of that Indian tribe:
The number of births that are funded by Medical Assistance shall be weighted 40%.
The rates of poor birth outcomes shall be considered as follows:
° The infant mortality rate shall be weighted 10%.
° The premature birth rate shall be weighted 10%.
° The rate of low birth weights shall be weighted 10%.
The level of racial or ethnic disproportionality in poor birth outcomes shall be weighted 30%, with each factor weighted 10%.
Summary of factual data and analytical methodologies
Despite a steady decline in the white infant mortality rate over the last 20 years, the black infant mortality rate has essentially remained the same.
The UW-Extension website has a directory of home visiting programs in Wisconsin at http://www.uwex.edu/ces/ flp/homevisit/directory/index.cfm
Comparison with rules in adjacent states
Other states fund home visiting programs with purposes that include promoting healthy birth outcomes and preventing child abuse and neglect. The formulas for distributing the funds are not in rule.
Comparison with federal regulations
Analysis used to determine effect on small businesses
Private agencies are eligible to apply for a grant.
Small Business Impact
The proposed rule will affect small businesses as defined in s. 227.114 (1)
, Stats., but will not have a significant economic impact on a substantial number of businesses.
State fiscal effect
Local government fiscal effect
Long-range fiscal implications
Agency Contact Person
Division of Safety and Permanence
Phone: (608) 261-7836
Notice of Hearings