Department of Professional and Occupational Regulation

 

GDForum ID: 2856

Description of Proposed Guidance Document Changes

The Board for Barbers and Cosmetology (the Board) has reviewed and voted to amend the following guidance document. 1. Guidance Document 6373: Barber/Cosmetology Application Review Matrix. The document contains guidance that directs staff to approve certain applications disclosing certain types of criminal convictions or disciplinary actions without sending the application for Board review. The Board’s existing guidance allows staff to approve applications that disclose the following criminal convictions: • Felony convictions more than 10 years old with no subsequent reportable convictions of a similar nature, unless the conviction resulted in incarceration where the release date is less than three (3) years from the application date. • Felony convictions more than five (5) years old with no subsequent reportable convictions of a similar nature, unless the conviction resulting in incarceration and the release date is less than three (3) years from the date of application. Certain felony offenses are excluded, including those for murder, sexual assault, rape, robbery, indecent liberties, and fraud. • Felony convictions for distribution of a controlled substance, where the applicant has completed a deterrence program if required by the court. • Misdemeanor convictions. • Juvenile convictions. • Drug possession convictions. The application matrix does not apply to applicants who are currently incarcerated, except those incarcerated for juvenile convictions. The Board’s existing guidance also allows staff to approve applications that disclose prior disciplinary action only involving monetary penalties that do not involve client safety. The guidance document will be revised to provide for a delegation of authority to DPOR staff to conduct predetermination fact-findings and license eligibility fact-findings (IFFs) in accordance with applicable portions of the Administrative Process Act (Code of Virginia § 2.2-4000 et. seq.). These delegation of authority provisions are being added to all DPOR regulatory board guidance documents that provide guidance regarding applicants who disclose criminal convictions on an application. The substance of the guidance regarding staff approval of applications is revised as follows: • Guidance regarding applications with felony convictions more than 10 years old is removed to reflect changes to the Board’s regulations in which applicants are no longer required to disclose felony convictions more than 10 years old. • Guidance regarding misdemeanor convictions is removed to reflect changes to the Board’s regulations in which applicants are no longer required to disclose misdemeanor convictions. • Guidance regarding felony convictions for distribution of a controlled substance is revised to provide that staff may approve such applications for a conviction that is more than two (2) years old. Staff may approve the application for a conviction that is less than two (2) years old if the individual has completed a court-ordered deterrence program. • Guidance is amended to allow staff to approve applications disclosing driving under the influence convictions. There are also stylistic changes made throughout the document. This is a result of Executive Order 51. The changes were made from streamlining AI recommendations to help reduce word count, making it easier for consumers to understand and read.

 

Guidance Document(s) for this Comment Forum

Document ID	Document Title	Current Document	Proposed Document	Revised Proposed
6373	Barber/Cosmetology Application Review Matrix	Document	Proposed Document

 

Contact Information

 

  Contact Information