Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Professional Licensing  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Cosmetology -- General Rules  
5. Rule numbers or rule set range of numbers:  
R 338.2101 - 338.2195  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Dena Marks  
E-mail of person filling out RFR:  
MarksD1@michigan.gov  
Phone number of person filling out RFR:  
517-335-3679  
Address of person filling out RFR:  
611 W. Ottawa St., Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
These rules provide licensure and sanitation requirements for cosmetologists. The rules also  
provide operational and equipment requirements for a cosmetology establishment and a school of  
cosmetology and set minimal standards of acceptable practice for the profession.  
The rules will be amended to provide clarity, inform applicants of the requirements for licensure,  
relicensure, and licensure by endorsement, and update curriculum, operational standards, and  
sanitation standards. The rule pertaining to branch facility licensure will be amended to sunset the  
license because it is not authorized by statute.  
Additionally, new rules will be added to comply with the statutory changes that went into effect  
this year, such as requirements for the operation of mobile salons and setting the criteria to permit  
some hours of instruction earned in a state barber college to be substituted for required courses in  
a cosmetology educational program.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The department in consultation with the board.  
MCL 24.239  
RFR-Page 2  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 339.205, 339.308, 339.1203, 339.1205, 339.1207, 339.1208, 339.1209, and 339.1210, and  
Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL 338.3501,  
445.2001, 445.2011, and 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 339.205 requires the department to promulgate rules that are necessary and appropriate for it  
to fulfill its role.  
MCL 339.308 requires the board to promulgate rules that are necessary and appropriate for it to  
fulfill its role.  
MCL 339.1203 requires the department in consultation with the board to establish sanitation  
standards and rules for the operation of mobile salons and the performance of cosmetology  
services in or at mobile salons.  
MCL 339.1205 requires the department to establish, by rule, the criteria for determining whether  
an hour of instruction at a state barber college is substantially similar to an hour of instruction at a  
school of cosmetology.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of the proposed rules is not currently contained in any guideline, handbook,  
manual, instructional bulletin, form with instructions, or operational memoranda.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not exceed similar regulations, compliance requirements, or other standards adopted  
at the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The rules do not incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
MCL 24.239  
RFR-Page 3  
The rules were last amended March 8, 2017. MCL 339.1203 was amended effective April 26,  
2020, to require the promulgation of rules for the operation of mobile salons and the performance  
of cosmetology services in or at the premises of mobile salons. MCL 339.1205 was amended  
effective May 4, 2020, to require the department to establish, by rule, the criteria for determining  
whether an hour of instruction at a state barber college is substantially similar to an hour of  
instruction at a school of cosmetology.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
The rule pertaining to branch facility licensure will be amended to sunset the license because it is  
not authorized by statute.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
Yes  
MCL 24.239  
;