HB 1467 (2013), §§ 80 and 81

Codified 11-1-13

Effective 11-1-13, as set forth in House Bill 1467 (2013), “[a]ll powers, duties, responsibilities . . . of the State Board of Health, the State Department of Health, the State Commissioner of Health, and the State Barber Advisory Board relating exclusively to the regulation of licensed barbers in this state as provided in Sections 61.1 et seq. of Title 59 of the Oklahoma Statutes shall be placed under the authority of the State Board of Cosmetology and Barbering” [HB 1467 (2013), § 80(A)]. The following provisions in HB 1467 address the disposition of related rules:• Section 80 (not to be codified in the Oklahoma Statutes) provides that “[u]pon the effective date of this legislation, all administrative rules promulgated by the State Board of Health relating to the licensing and regulating of barbers shall be transferred to and become a part of the administrative rules of the State Board of Cosmetology and Barbering” [HB 1467 (2013), § 80(F)]. HB 1467 directed the Office of Administrative Rules to place the transferred rules under the Administrative Code section of the State Board of Cosmetology and Barbering's Title 175 [see Editor’s Notice published at 32 Ok Reg 107].Therefore, on 11-1-13, the rules in Chapter 210 of the Oklahoma State Department of Health’s Title 310 [OAC 310:210] were editorially transferred to this Chapter 15 of the State Board of Cosmetology and Barbering's Title 175 [OAC 175:15]. The Board subsequently amended two other Chapters (1 and 10) on 11-1-14 (as described in paragraph below) to address their new rulemaking authority, and later revoked the transferred rules in this Chapter 15 on 9-11-15. For the text of the transferred rules that were effective from 11-1-13 through 9-10-15, see OAC 175:15 in the 2014 OAC Supplement. For the text of the rules that were effective prior to the 11-1-13 transfer, see OAC 310:210 in the 2011 Edition of the OAC.• Section 81 (amending 59 O.S., § 61.1) authorizes the State Board of Cosmetology and Barbering to “promulgate rules which govern the examining and licensing of barbers, barber apprentices, barber instructors, and barber colleges; . . the sanitary operation and sanitation of barber shops and barber colleges; and the establishment and levying of administrative fines . . . " [HB 1467 (2013), § 81(A)]. The State Board of Cosmetology and Barbering promulgated permanent amendments to Chapters 1 and 10 in this Title 175 to address the regulation and licensing of barbers, effective 11-1-14.