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DATE: January 24, 2006
TO: Norene Lind, Regulatory Affairs Manager
State Office of Administrative Hearings and Rules
FROM: Jeannine Benedict, Administrative Rules Specialist MDLEG, Office of Policy and Legislative Affairs
SUBJECT: Request for correction of Michigan Administrative Code
R 338.2176, pursuant to Administrative Procedures Act, Section 56(1), MCL 28.256.
DATE: 1999 MR 11, Eff. Nov. 17, 1999.
The Bureau of Commercial Services, as promulgating agency, is writing to request that the Office of Administrative Hearings and Rules exercise its discretion to an obvious error in the Michigan Administrative Code, pursuant to Administrative Procedures Act, Section 56(1), MCL 28.256.
The error is contained in R 338.2176. The rule was promulgated as part of general revisions to the Cosmetology rules, 1999 MR 11, Effective November 17, 1999.
The electronic MI Administrative Code indicates that the rule is rule 77, after the heading, that states rule 2176.
The affected line in currently reads (italics added):
R 338.2176 Equipment, tools, implements, and supplies; dryer hoods; removable parts of certain equipment; electrical equipment.
Rule 77. (1) The licensee or owner of an establishment or school shall keep all equipment, tools, implements, and supplies, including all of the following, clean and sanitary at all times, and if the equipment, tools, implements, or supplies are intended for use on more than 1 patron, then the licensee or owner shall sanitize the equipment, tools, implements, or supplies pursuant to rules promulgated by the department:…
The language should read:
R 338.2176 Equipment, tools, implements, and supplies; dryer hoods; removable parts of certain equipment; electrical equipment.
Rule 76. (1) The licensee or owner of an establishment or school shall keep all equipment, tools, implements, and supplies, including all of the following, clean and sanitary at all times, and if the equipment, tools, implements, or supplies are intended for use on more than 1 patron, then the licensee or owner shall sanitize the equipment, tools, implements, or supplies pursuant to rules promulgated by the department:
(a) Combs.
(b) Brushes.
(c) Rollers.
(d) Rods.
(e) Clips.
(f) Hair nets.
(g) Razors.
(h) Shears.
(i) Hair pins.
(j) Hair coverings.
(k) Nippers.
(l) Pushers.
(m) Extractors.
(n) Electrodes.
(2) The licensee or owner of an establishment or school shall ensure all of the following:
(a) Dryer hoods are clean and sanitary.
(b) Removable parts of equipment designed to touch the skin, hair, or nails
shall be removed and sanitized according to rules promulgated by the department.
(c) The main body of electrical equipment is clean and sanitary.
(d) Electrical equipment and apparatus is used and maintained in accordance with the manufacturer’s recommendations.
If you have any questions about this transmittal, you may contact me at 517.335.2626. cc: Agency Liaison, Amy Shell
