BOARD OF BARBERING AND COSMETOLOGY FINAL STATEMENT OF REASONS Hearing Date: August 9, 2016 Subject Matter of Proposed Regulations: Health and Safety Poster Sections Affected: Sections 904, 905, California Code of Regulations Updated Information During the course of this rulemaking, the Board twice made revisions to the original language The first modified text was posted on the Board’s Web site for public review from November 16, 2016 to December 15, 2016 The change consisted of amending Section 905 to include where consumers could find the full text of the Board’s laws and regulations in the Business and Professions Code and the California Code or Regulations The second modified text, as well as the poster “Message to the Consumer” (2/2017), which the Board wishes to incorporate by reference, was posted on the Board’s Web site for public review from May 18, 2017 to June 2, 2017 The changes were as follows: Section 904 was amended to include the location of the Board’s health and safety rules in the California Code of Regulations (Article 12 of Title 16, Division 9) This amendment was necessary to clarify where the regulations could be found Section 905 was amended to simply refer licensees to a Board-produced poster Given that the poster will be produced by the Board, it was no longer necessary to specify the language, type sizes and other features of the poster Although the Board will produce the poster and make it available to licensees online, it is up to the licensees to print it out on a letter-sized piece of paper, thereby maintaining the expected savings to the Board, which will not have to print the larger poster and mail it to licensees Some minor, non-substantive editing of the language to eliminate wordiness The Board also identified two typographical errors in the Initial Statement of Reasons: in Section of Page 1, the word “needs” should be “need” and the phrase “message to the Consumers” should be “Message to the Consumer.” During a review of the final rulemaking file, the Board became aware that the revision date in Section 905 on the Second Modified Text contained a typographical error, and was missing language incorporating the document by reference That revision date error has been corrected on the Order of Adoption to read (2/2017) The Board also added the clause “which is hereby incorporated by reference” Incorporation of Document by Reference The Board wishes to incorporate by reference the poster identified in the Second Modified Text as “Message to the Consumer” (BBC-CP01(2/2017)) The incorporation by reference method is being used because it would be impractical to publish the full-color poster in its actual 8.5-by-11-inch size in the California Code of Regulations, which is published in multiple formats, from small booklets to online text, usually in black and white The proposed poster was made available to the public and posted on the Board’s Web site for review Local Mandate A mandate is not imposed on local agencies or school districts Small Business Impact There is no significant impact to small business This regulation allows licensees to simply print a Board-produced poster for posting in their establishment on a standard sheet of 8.5-by-11-inch paper Consideration of Alternatives No reasonable alternative which was considered or that has otherwise been identified and brought to the attention of the board would be more effective in carrying out the purpose for which the regulation is proposed, would be as effective and less burdensome to affected private persons than the adopted regulation, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy on other provision of law Summary of, and Responses to, Comments Received During the 45-day Comment Period on the Original Language No comments were received Summary of, and Responses to, Comments Received During the 15-day Comment Period on the Modified Text No comments were received Summary of, and Responses to, Comments Received During the 15-day Comment Period on the Second Modified Text No comments were received ... standard sheet of 8.5-by-11-inch paper Consideration of Alternatives No reasonable alternative which was considered or that has otherwise been identified and brought to the attention of the board... policy on other provision of law Summary of, and Responses to, Comments Received During the 45-day Comment Period on the Original Language No comments were received Summary of, and Responses to,... Received During the 15-day Comment Period on the Modified Text No comments were received Summary of, and Responses to, Comments Received During the 15-day Comment Period on the Second Modified