July 14, 2006

Senator R. Michael Young, Chair

Administrative Rules Oversight Committee

c/o Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, Indiana 46204-2789

Attn: Sarah Burkman

Re: LSA 06-151 – Proposed rule regarding fees assessed by the Indiana State Board of Cosmetology Examiners

Dear Senator Young:

On behalf of the Indiana State Board of Cosmetology Examiners, Indiana Professional Licensing Agency, I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-19 which requires an agency to begin the rulemaking process not later than sixty (60) days after the effective date of the statute that authorizes the rule.

The Board published its notice of intent to adopt a rule, LSA document number 05-137, at 28 IR 2999 on July 1, 2005, within sixty (60) days after the effective date of SEA 139 (P.L.194-2005) in compliance with IC 4-22-2-19. The Notice of Public Hearing appeared in the November 1, 2005, edition of the Indiana Register at 29 IR 652 and a public hearing was held on November 28, 2005. Following the public hearing, the board adopted one section of the proposed rule, 820 IAC 7-1-2. This rule was filed with the Secretary of State on February 10, 2006, and was published at 29 IR 2195. The remainder of the rule was not adopted as the Board needed additional time to review the comments submitted by the public and to determine the amount of fees which should be assessed to bring the rules into conformity with the statutory changes in SEA 139 (P.L.194-2005) and IC 25-1-8-2(c), which requires that in no case shall the fees be less than are required to pay all of the costs, both direct and indirect, of the operation of the Board. IC 25-1-8-2(b) provides that fees established by statute shall remain in effect until replaced by a new fee adopted by rule.

A new notice of intent, LSA document number 06-151, was published on June 1, 2006, concerning the same subject matter.

Your understanding of these circumstances is greatly appreciated. If you need additional information, please do not hesitate to contact me at 234-1987.

Sincerely,

Barbara Marvel McNutt

Chief Counsel

Cc: Frances L. Kelly, Executive Director

Wade Lowhorn, Deputy Director

Tracy Hick, Deputy Director

Posted: 08/02/2006 by Legislative Services Agency