Enrolled Committee Substitute
House Bill 2531 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2531
(By Delegates Morgan, Stephens and Argento)
[Passed April 11, 2009; in effect ninety days from passage.]
AN ACT to repeal §16-14-1, §16-14-2 and §16-14-3 of the Code of
West Virginia, 1931, as amended; to repeal §30-27-10a of said
code; to amend and reenact §30-27-1, §30-27-2, §30-27-3, §30-
27-4, §30-27-5, §30-27-6, §30-27-7, §30-27-8, §30-27-9, §30-
27-10, §30-27-11, §30-27-12, §30-27-13, §30-27-14, §30-27-15,
§30-27-16, §30-27-17 and §30-27-18; and to amend said code by
adding thereto six new sections, designated §30-27-19, §30-27-
20, §30-27-21, §30-27-22, §30-27-23 and §30-27-24, all
relating to the Board of Barbers and Cosmetologists;
prohibiting the practice of barbering, permanent waving,
cosmetology, aesthetics, or nail care without a license;
providing other applicable sections; providing definitions;
providing for board composition; setting forth the powers and
duties of the board; clarifying rulemaking authority;
continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in
another state; establishing renewal requirements; providing
permit requirements; requiring display of license; prohibiting
practice when a person has an communicable disease; providing
requirements for school licensure; providing requirement to be
an instructor; providing requirements for a salon license;
providing salon management requirements; providing booth and
chair rental requirements; setting forth grounds for
disciplinary actions; allowing for specific disciplinary
actions; providing procedures for investigation of complaints;
providing for judicial review and appeals of decisions;
setting forth hearing and notice requirements; providing for
civil causes of action; providing criminal penalties;
providing that a single act is evidence of practice;
establishing fees; and establishing continuing education
requirements.
Be it enacted by the Legislature of West Virginia:
That
§16-14-1, §16-14-2 and §16-14-3 of the Code of West
Virginia, 1931, as amended, be repealed; that §30-27-10a of said
code be repealed; that §30-27-1, §30-27-2, §30-27-3, §30-27-4, §30-
27-5, §30-27-6, §30-27-7, §30-27-8, §30-27-9, §30-27-10, §30-27-11,
§30-27-12, §30-27-13, §30-27-14, §30-27-15, §30-27-16, §30-27-17
and §30-27-18 of said code be amended and reenacted; and that said
code be amended by adding thereto six new sections, designated §30-27-19, §30-27-20, §30-27-21, §30-27-22, §30-27-23 and §30-27-24,
all to read as follows:
ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to
practice barbering, barber permanent waving, cosmetology,
aesthetics, or nail care in this state without a license issued
under the provisions of this article, or advertise or use any title
or description tending to convey the impression that the person is
a licensed aesthetician
, barber, barber
crossover, barber permanent
wavist, cosmetologist, cosmetologist crossover
or nail technician,
unless the person has been licensed under the provisions of this
article, and the license has not expired, been suspended or
revoked.
(b) No salon, except through a licensee, may render any
service or engage in any activity which if rendered or engaged in
by an individual, would constitute the practices licensed under the
provisions of this article.
(c) No school, except through a licensee, may instruct, render
any service or engage in any activity which if taught, rendered or
engaged in by an individual, would constitute the practices
licensed under the provisions of this article.
§30-27-2. Applicable law.
The practices licensed under the provisions of this article and the Board of Barbers and Cosmetologists are subject to the
provisions of
article one of this chapter, the provisions of this
article, and any rules promulgated hereunder.
§30-27-3. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(a) "Aesthetics" or "esthetics" means any one or any
combination of the following acts when done on the human body for
compensation and not for the treatment of disease:
(1) Administering cosmetic treatments to enhance or improve
the appearance of the skin, including cleansing, toning, performing
effleurage or other related movements, stimulating, exfoliating or
performing any other similar procedure on the skin of the human
body or scalp;
(2) Applying, by hand or with a mechanical or electrical
apparatus, any cosmetics, makeups, oils, powders, clays,
antiseptics, tonics, lotions, creams or chemical preparations
necessary for the practice of aesthetics to another person's face,
neck, back, shoulders, hands, elbows and feet up to and including
the knee;
(3) The rubbing, cleansing, exercising, beautifying or
grooming of another person's face, neck, back, shoulders, hands,
elbows and feet up to and including the knee;
(4) The waxing, tweezing and threading of hair on another
person's body;
(5) The wrapping of another person's body in a body wrap;
(6) Applying artificial eyelashes and eyebrows; and
(7) The lightening of hair on the body except the scalp.
(b) "Aesthetician" or "esthetician" means a person licensed
under the provisions of this article who engages in the practice of
aesthetics.
(c) "Applicant" means a person making application for a
professional license, license, certificate, registration, permit or
renewal under the provisions of this article.
(d) "Barber" means a person licensed under the provisions of
this article who engages in the practice of barbering.
(e) "Barbering" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) Shaving, shaping and/or trimming the beard;
(2) Cutting, singeing, shampooing, arranging, dressing,
tinting, bleaching, or applying lotions or tonics on human hair, or
a wig or hairpiece; and
(3) Applications, treatments or rubs of the scalp, face, or
neck with oils, creams, lotions, cosmetics, antiseptics, powders,
or other preparations in connection with the shaving, cutting or
trimming of the hair or beard.
(f) "Barber crossover" or "cosmetologist crossover" is a
person who is licensed to perform barbering and cosmetology.
(g) "Barber permanent waving" means the following acts done on
the human body for compensation and not for the treatment of
disease:
(1) The bleaching or tinting of hair; and
(2) The permanent waving of hair.
(h) "Barber permanent wavist" means a person licensed to
perform barbering and barber permanent waving.
(i) "Board" means the West Virginia Board of Barbers and
Cosmetologists.
(j) "Certificate" means an instructor certificate to teach in
a school under the provisions of this article.
(k) "Certificate holder" means a person certified as an
instructor to teach in a school under the provisions of this
article.
(l) "Cosmetologist" means a person licensed under the
provisions of this article who engages in the practice of
cosmetology.
(m) "Cosmetology" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) Cutting, styling, shaping, arranging, braiding, weaving,
dressing, adding extensions, curling, waving, permanent waving, relaxing, straightening, shampooing, cleansing, singeing,
bleaching, tinting, coloring, waxing, tweezing, or similarly work
on human hair, or a wig or hairpiece, by any means, including
hands, mechanical or electrical devices or appliances;
(2) Nail care;
(3) Applying by hand or with a mechanical or electrical device
or appliance, any cosmetics, makeups, oils, powders, clays,
antiseptics, tonics, lotions, creams or chemical preparations
necessary for the practice of aesthetics to another person's face,
neck, shoulders, hands, elbows and feet up to and including the
knee;
(4) The rubbing, cleansing, exercising, beautifying or
grooming of another person's face, neck, shoulders, hands, elbows
and feet up to and including the knee;
(5) The wrapping of another person's body in a body wrap; and
(6) Performing aesthetics.
(n) "General supervision" means:
(1) For schools, a master or certified instructor is on the
premises and is quickly and easily available; or
(2) For salons, a professional licensee is on the premises and
is quickly and easily available
.
(o) "Hair braiding" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease: Braiding, plaiting, twisting, wrapping, threading, weaving, extending or locking of natural human
hair by hand or mechanical device.
(p) "License" means a professional license, a salon license or
a school license.
(q) "Licensee" means a person, corporation or firm holding a
license issued under the provisions of this article.
(r) "Nail care" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) The cleansing, dressing, or polishing of nails of a person
(2) Performing artificial nail service; and
(3) The cosmetic treatment of the feet up to the knee and the
hands up to the elbow.
(s) "Nail technician"
or "manicurist"
means a person licensed
under the provisions of this article who engages in the practice of
nail care.
(t) "Permit" means a work permit.
(u) "Permitee" means a person holding a work permit.
(v) "Professional license" means a license to practice as a
aesthetician,
barber, barber crossover,
barber permanent wavist,
cosmetologist, cosmetologist
crossover or nail technician.
(w) "Registration" means a registration issued by the board to
a person who rents or leases a booth or chair from a licensed salon
owner and/or operator or a registration issued by the board to a person who is a student in a school.
(x) "Registrant" means a person who holds a registration under
the provisions of this article.
(y) "Salon" means a shop or other facility where a person
practices under a professional license.
(z) "Salon license" means a license to own and operate a
salon.
(aa) "School" means a facility to educate persons to be
licensed with professional licenses under the provisions of this
article.
(bb) "School license" means a license to own and operate a
school.
(cc) "Student registration" means a registration issued by the
board to a student to study at a school licensed under the
provisions of this article.
§30-27-4. Board of Barbers and Cosmetologists.
(a) The West Virginia Board of Barbers and Cosmetologists is
continued. The members of the board in office on July 1, 2009,
shall, unless sooner removed, continue to serve until their
respective terms expire and until their successors have been
appointed and qualified.
(b) To be effective on July 1, 2009, the Governor shall
appoint, by and with the advice and consent of the Senate:
(1) One person who is a licensed cosmetologist for a term of five years;
(2) One person who is a licensed barber for a term of five
years;
(3) One person who is a licensed barber crossover or a
licensed
barber permanent wavist
for a term of four years;
(4) One person who is a licensed aesthetician for a term of
four years;
(5) One person who is a licensed nail technician for a term of
four years;
(6) One person who is a licensed cosmetologist for a term of
three years; and
(7) One citizen member, who is not licensed under the
provisions of this article and who does not perform any services
related to the practice of the professions regulated under the
provisions of this article,
for a term of three years.
(c) After the initial appointment term, the term shall be for
five years. All appointments to the board shall be made by the
Governor by and with the advice and consent of the Senate.
(d) Commencing July 1, 2009, the board shall consist of the
following seven members:
(1) Two licensed cosmetologists;
(2) One licensed barber;
(3) One licensed
barber crossover or licensed
barber permanent
wavist
;
(4) One licensed aesthetician;
(5) One licensed nail technician; and
(6) One citizen member.
(e) Each licensed member of the board, at the time of his or
her appointment, must have held a professional license in this
state for a period of not less than three years immediately
preceding the appointment.
(f) Each member of the board must be a resident of this state
during the appointment term.
(g) A member may not serve more than two consecutive full
terms. A member may continue to serve until a successor has been
appointed and has qualified.
A member serving on the board on June
30, 2009, may be reappointed in accordance with the provisions of
this section.
(h) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant and the appointment shall be made within sixty days of the
vacancy.
(i) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(j) A member of the board immediately and automatically
forfeits membership to the board if his or her license to practice
is suspended or revoked, is convicted of a felony under the laws of
any jurisdiction, or becomes a nonresident of this state.
(k) The board shall elect annually one of its members as
chairperson who serves at the will of the board.
(l) Each member of the board is entitled to compensation and
expense reimbursement in accordance with article one of this
chapter.
(m) A majority of the members of the board constitutes a
quorum.
(n) The board shall hold at least two annual meetings. Other
meetings may be held at the call of the chairperson or upon the
written request of two members, at the time and place as designated
in the call or request.
(o) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.
§30-27-5. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer
examinations;
(2) Establish requirements for licenses, permits, certificates
and registrations;
(3) Establish procedures for submitting, approving and rejecting applications for licenses, permits, certificates and
registrations;
(4) Determine the qualifications of any applicant for
licenses, permits, certificates and registrations;
(5) Prepare, conduct, administer and grade examinations for
professional licenses and certificates;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examinations and the pass and fail rate;
(8) Hire, discharge, establish the job requirements and fix
the compensation of the executive director;
(9) Maintain an office, and hire, discharge, establish the job
requirements and fix the compensation of employees,
investigators/inspectors and contracted employees necessary to
enforce the provisions of this article: Provided, That any
investigator/inspector employed by the board on July 1, 2009, shall
retain their coverage under the classified service, including job
classification, job tenure and salary, until that person retires or
is dismissed: Provided, however, That nothing may prohibit the
disciplining or dismissal of any investigator/inspector for cause;
(10) Investigate alleged violations of the provisions of this
article, legislative rules, orders and final decisions of the
board;
(11) Establish the criteria for the training of
investigators/inspectors;
(12) Set the requirements for investigations and inspections;
(13) Conduct disciplinary hearings of persons regulated by the
board;
(14) Determine disciplinary action and issue orders;
(15) Institute appropriate legal action for the enforcement of
the provisions of this article;
(16) Maintain an accurate registry of names and addresses of
all persons regulated by the board;
(17) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
(18) Establish the continuing education requirements for
professional licensees and certificate holders;
(19) Issue, renew, combine, deny, suspend, revoke or reinstate
licenses, permits, certificates and registrations;
(20) Establish a fee schedule;
(21) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article; and
(22) Take all other actions necessary and proper to effectuate
the purposes of this article.
(c) The board may:
(1) Establish joint licenses;
(2) Contract with third parties to administer the examinations
required under the provisions of this article;
(3) Sue and be sued in its official name as an agency of this
state; and,
(4) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions.
§30-27-6. Rulemaking.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to implement the provisions of this
article, including:
(1) Standards and requirements for licenses, permits,
certificates and registrations;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or
administer examinations and reexaminations;
(4) Educational and experience requirements;
(5) The passing grade on the examinations;
(6) Standards for approval of courses and curriculum;
(7) Procedures for the issuance and renewal of licenses,
permits, certificates and registrations;
(8) A fee schedule;
(9) Continuing education requirements for professional
licensees and certificate holders;
(10) The procedures for denying, suspending, revoking,
reinstating or limiting the practice of licensees, permitees,
certificate holders and registrants;
(11) Designating the regions for investigators/inspectors;
(12) Criteria for the training of investigators/inspectors;
(13) Requirements for investigations and inspections;
(14) Requirements for inactive or revoked licenses, permits,
certificates and registrations;
(15) Establishing the training program and requirements for
instructors for schools licensed under this article;
(16) Establishing operating procedures for salons; and
(17) Any other rules necessary to effectuate the provisions of
this article.
(b) All of the board's rules in effect on July 1, 2009, shall
remain in effect until they are amended or repealed, and references
to provisions of former enactments of this article are interpreted
to mean provisions of this article.
(c) The board is authorized to file an emergency rule for the
implementation of its fee schedule in 2009.
§30-27-7. Fees; special revenue account; administrative fines.
(a) All fees in effect on January 1, 2009, shall remain in
effect until they are amended or repealed by legislative rule or
statute.
(b) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special
revenue fund in the State Treasury designated the "Barbers and
Beauticians Special Fund", which is continued and shall be known as
the "Board of Barbers and Cosmetologists Special Fund". The fund
is used by the board for the administration of this article.
Except as may be provided in article one of this chapter, the board
retains the amount in the special revenue account from year to
year. No compensation or expense incurred under this article is a
charge against the General Revenue Fund.
(c) Any amount received as fines, imposed pursuant to this
article, shall be deposited into the General Revenue Fund of the
State Treasury.
§30-27-8. Professional license requirements
.
(a) An applicant for a professional license to practice as a
aesthetician
, barber, barber
crossover, barber permanent wavist,
cosmetologist, cosmetologist crossover
or nail technician
shall
present satisfactory evidence that he or she:
(1) Is at least eighteen years of age;
(2) Is of good moral character;
(3) Has a high school diploma, a GED, or has passed the
"ability to benefit test" approved by the United States Department
of Education;
(4) Has graduated from a school which has been approved by the
board;
(5) Has passed an examination that tests the applicant's
knowledge of subjects specified by the board: Provided, That the
board may recognize a certificate or similar license in lieu of the
examination or part of the examination that the board requires;
(6) Has paid the applicable fee;
(7) Presents a certificate of health from a licensed
physician;
(8) Is a citizen of the United States or is eligible for
employment in the United States; and
(9) Has fulfilled any other requirement specified by the
board.
(b) A license to practice issued by the board prior to July 1,
2009, shall for all purposes be considered a professional license
issued under this article: Provided, That a person holding a
license issued prior to July 1, 2009, must renew the license
pursuant to the provisions of this article.
§30-27-9. Professional license from another state; license to
practice in this state.
(a) The board may issue a professional license to practice to
an applicant of good moral character who holds a valid license or
other authorization to practice in that particular field from
another state, if the applicant demonstrates that he or she:
(1) Holds a license or other authorization to practice in
another state which was granted after completion of educational requirements substantially equivalent to those required in this
state and passed an examination that is substantially equivalent to
the examination required in this state;
(2) Does not have charges pending against his or her license
or other authorization to practice, and has never had a license or
other authorization to practice revoked;
(3) Has not previously failed an examination for professional
licensure in this state;
(4) Has paid the applicable fee;
(5) Is a citizen of the United States or is eligible for
employment in the United States;
(6) Has presented a certificate of health issued by a licensed
physician; and
(7) Has fulfilled any other requirement specified by the
board.
(b) In its discretion, the board may examine a person by a
written, oral or skills test for licensing under this section, and
may enter into agreements for reciprocal licensing with other
jurisdictions having substantially similar requirements for
licensure.
(c) The provisions of this section do not apply to nail
technicians or manicurists from another state or jurisdiction. A
nail technician or manicurist
from another state or jurisdiction is
required to show that he or she has completed the required curriculum and has successfully passed the board's practical skills
examination to apply for licensure under the provisions of this
article.
§30-27-10. Professional license and certificate renewal
requirements.
(a) A professional licensee and certificate holder shall
annually or biennially on or before January 1, renew his or her
professional license or certificate by completing a form prescribed
by the board, paying the renewal fee and submitting any other
information required by the board.
(b) The board shall charge a fee for each renewal of a license
or certificate, and a late fee for any renewal not paid by the due
date.
(c) The board shall require as a condition of renewal of a
professional license or certificate that each licensee or
certificate holder complete continuing education.
(d) The board may deny an application for renewal for any
reason which would justify the denial of an original application
for a license or certificate.
§30-27-11. Work permit.
(a) The board may issue a work permit to practice to an
applicant who:
(1) Has graduated from a school approved by the board or has
completed the course requirements in a specific field;
(2) Is waiting to take the examination;
(3) Has employment in the field in which he or she applied to
take the examination and is working under the general supervision
of a professional licensee;
(4) Has paid the work permit fee;
(5) Has presented a certificate of health issued by a licensed
physician;
(6) Is a citizen of the United States or is eligible for
employment in the United States; and
(7) Meets all the other requirements specified by the board.
(b) A work permit expires at the end of the month after
issuance following the next examination in the specific field. A
work permit may be renewed once.
(c) While in effect, a work permitee is subject to the
restrictions and requirements imposed by this article.
§30-27-12. Student registration.
(a) Prior to commencing studies in a school licensed under the
provisions of this article, a student shall acquire a student
registration issued by the board.
(b) An applicant for a student registration shall present
satisfactory evidence that he or she:
(1) Is a student in an approved school or enrolled in an
approved course;
(2) Is of good moral character;
(3) Has paid the required fee;
(4) Has presented a certificate of health issued by a licensed
physician; and
(5) Is a citizen of the United States or is eligible for
employment in the United States.
(c) The student registration is good during the prescribed
period of study for the student.
(d) The student may perform acts constituting barbering,
barber permanent waving, cosmetology, aesthetics or nail care in a
school under the general supervision of a master or certified
instructor.
§30-27-13. Display of professional license and permits.
(a) The board shall prescribe the form for a professional
license and work and student permits, including a photograph, and
may issue a duplicate license or permit, upon payment of a fee.
(b) Every professional licensee and work permitee shall
display his or her license or permit in a conspicuous place at his
or her work station.
(c) Every student shall have available his or her student
permit and be able to produce it upon request.
(d) Every professional licensee, work permitee or student must
present such license, permit or registration to an
investigator/inspector or a board member upon request.
§30-27-14. Health certificate requirements.
(a) It is unlawful for a person to practice as a professional
licensee, be a permitee or be a certified instructor while having
an infectious, contagious or communicable disease.
(b) The board may, with cause, require a professional
licensee, permitee or certified instructor to submit to a physical
examination and file a certificate of health.
§30-27-15. School license requirements.
(a) Any person, firm or corporation, whether public or
private, and whether organized for profit or not, must have a
school license issued by the board to own and/or operate a school.
(b) The board may issue a school license to own and/or operate
a school, if the applicant meets the following requirements:
(1) A completed application in writing on forms prescribed by
the board, which forms have been signed and verified by the
applicant;
(2) Is professionally competent and financially responsible;
(3) Posts a bond in an amount specified by the board;
(4) There is proof that adequate physical facilities will be
available for the school;
(5) The proposed school has been inspected by an
investigator/inspector
to determine whether it is properly fitted
and equipped for instruction in the specific fields to be offered;
(6) That persons teaching or instructing at the school are
certified by the board as fully qualified instructors; and
(7) Has paid the appropriate fees.
(c) If an applicant desires to own and/or operate more than
one school, a separate application shall be made and a separate
school license shall be issued for each school.
(d) The board may suspend, revoke or refuse to renew the
school license of any school failing to meet the minimum standards
and qualifications required for the issuance of an original school
license, as set out in this section.
(e) All school licenses must be renewed annually or biennially
on or before January 1 and pay a renewal fee.
(f) A license to operate a school issued by the board prior to
January 1, 2009, shall for all purposes be considered a school
license issued under this article: Provided, That a person holding
a school license issued prior to January 1, 2009, must renew the
license pursuant to the provisions of this article.
(g) The school license shall be permanently displayed in the
school, and a suitable sign shall be displayed at the main entrance
of the school plainly indicating what type of school is being
operated.
§30-27-16. Certification requirements to be an instructor in a
school.
(a) The board may issue a certificate to be an instructor in
a school to an applicant who meets the following requirements:
(1) Meets the educational requirements established by the board;
(2) Has completed the required instructor's training;
(3) Has passed the instructor examination;
(4) Has paid the appropriate fees;
(5) Presents a certificate of health from a licensed
physician;
(6) Is a citizen of the United States or is eligible for
employment in the United States; and
(7) Has fulfilled any other requirement specified by the
board.
(b) All instructor certifications must be renewed annually or
biennially on or before January 1, and pay a renewal fee.
(c) A certification to be an instructor issued by the board
prior to January 1, 2009, shall for all purposes be considered a
certification issued under this article: Provided, That a person
holding a certification issued prior to January 1, 2009, must renew
the certification pursuant to the provisions of this
article.
(d) An instructor with an expired certificate must comply with
the following to renew his or her certificate:
(1) Notify the board that he or she wants to be placed on
inactive status; or
(2) Pay all lapsed renewal fees;
(3) Present a new certificate of health; and
(4) Meet the qualifications for certification set out in this article.
(e) A certified instructor is not required to have an active
professional license, unless the instructor is in fact practicing
outside the scope of his or her employment as an instructor.
§30-27-17. Salon license requirements.
(a) Prior to opening a salon, any person, firm or corporation
owning and/or operating a salon, and any person, firm or
corporation practicing in a field authorized by this article, shall
meet the following requirements to acquire a salon license to do
business:
(1) The salon has been approved by the board as having met all
the requirements and qualifications for the place of business as
are required by this article;
(2) Notify the board, in writing, at least twenty days before
the proposed opening date, so there can be an inspection of the
salon: Provided, That if an inspection is not made within ten days
of the opening of the salon, or a salon license to open has not
been granted or refused, then the salon may open provisionally
subject to a later inspection and to all other provisions and rules
provided for in this article;
(3) Pay all
applicable
fees;
(4) All rooms, facilities, bathrooms, toilets and adjoining
rooms used in the place of business are kept clean, sanitary, well
lighted and ventilated at all times. The use of chunk alum, powder puffs and styptic pencils in any shop is prohibited;
(5) Every professional licensee or permitee in the place of
business thoroughly cleans his or her hands with soap and water
immediately before serving any patron; and
(6) Every patron is served with clean, freshly laundered linen
that is kept in a closed cabinet used for that purpose only. All
linens, immediately after being used, must be placed in a
receptacle used for that purpose only.
(b) All rules shall be kept posted in a conspicuous place in
each place of business.
(c) All salon licenses must be renewed annually or biennially
on or before July 1 and pay a renewal fee.
(d) A license to operate a salon issued by the board prior to
July 1, 2009, shall for all purposes be considered a salon license
issued under this article: Provided, That a person holding a
license issued prior to July 1, 2009, must renew the license
pursuant to the provisions of this article.
(e) The salon license shall be permanently displayed in the
salon, and a suitable sign shall be displayed at the main entrance
of the salon which shall plainly indicate what type of salon is
being operated.
§30-27-18. Salon management requirements.
(a) Every salon in this state offering the services set forth
in this article shall be operated under the supervision and management of a professional licensee licensed under this article.
(b) Any services set forth in this article may be conducted
within the same salon. A suitable sign shall be displayed at the
main entrance of all salons plainly indicating the business
conducted therein.
§30-27-19. Booth or chair rental registration requirements.
(a) Any professional licensee who elects to rent or lease a
booth or chair from a licensed salon owner and/or operator must
comply with the following to receive a registration from the board:
(1) Register with the board;
(2) Register with the State Tax Division and present the
registration to the board;
(3) Pay a registration fee;
(4) Notify the board of the length of any rental or lease
agreement;
(5) State the name of the person or salon from which a chair
or booth is being rented or leased; and
(6) State the effective date of the rental or lease.
(b) If a person registered with the board pursuant to this
section elects to move from one salon to rent or lease a chair or
booth from another salon, then he or she must register again with
the board and pay a fee.
(c) Each licensed salon owner and/or operator who elects to
rent or lease chairs or booths shall notify the board in writing of such rental or lease within ten days of the effective date of the
rental or lease.
(d) The board shall quarterly notify the State Tax
Commissioner of all persons registered pursuant to this section
during the previous quarter. Such notice shall be in writing and
shall include the following:
(1) The names of all the registered professional licensees;
(2) The names of the salons where space is being rented or
leased; and
(3) The length of time of each rental or lease agreement.
(e) All registrations must be renewed annually or biennially
on or before July 1 and pay a renewal fee.
(f) A registration to rent or lease a booth or chair issued by
the board prior to July 1, 2009, shall for all purposes be
considered a registration issued under this article: Provided,
That a person holding a registration to rent or lease a booth or
chair issued prior to July 1, 2009, must renew the registration
pursuant to the provisions of this article.
§30-27-20. Complaints; investigations; due process procedure;
grounds for disciplinary action.
(a) The board may upon its own motion based on credible
information, and shall upon the written complaint of any person
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article or the legislative rules of the board.
(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee, permittee,
registrant or certificate holder.
(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee, permittee, registrant or certificate holder has
violated subsection (g) of this section or rules promulgated
pursuant to this article.
(d) Upon a finding that probable cause exists that the
licensee, permittee, registrant or certificate holder has violated
subsection (g) of this section or rules promulgated pursuant to
this article, the board may enter into a consent decree or hold a
hearing for the suspension or revocation of the license, permit,
registration or certification or the imposition of sanctions
against the licensee, permittee, registrant or certificate holder.
Any hearing shall be held in accordance with the provisions of this
article.
(e) Any member of the board or the executive director of the
board may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation of allegations
against any person regulated by the article.
(f) Any member of the board or its executive director may sign
a consent decree or other legal document on behalf of the board.
(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend or revoke the license, permit,
registration or certification of, impose probationary conditions
upon or take disciplinary action against, any licensee, permittee,
registrant or certificate holder for any of the following reasons
once a violation has been proven by a preponderance of the
evidence:
(1) Obtaining a license, permit, registration or certification
by fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral
turpitude;
(3) Being guilty of unprofessional conduct which placed the
public at risk, as defined by legislative rule of the board;
(4) Intentional violation of a lawful order or legislative
rule of the board;
(5) Having had a license or other authorization revoked or
suspended, other disciplinary action taken, or an application for
licensure or other authorization revoked or suspended by the proper
authorities of another jurisdiction;
(6) Aiding or abetting unlicensed practice; or
(7) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public.
(h) For the purposes of subsection (g) of this section,
effective July 15, 2009, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 per day per
violation;
(4) Mandatory attendance at continuing education seminars or
other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permittee, registrant or
certificate holder to report to the board for periodic interviews
for a specified period of time; or
(7) Other corrective action considered by the board to be
necessary to protect the public, including advising other parties
whose legitimate interests may be at risk.
§30-27-21. Procedures for hearing; right of appeal.
(a) Hearings shall be governed by the provisions of section
eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law
judge, at the conclusion of a hearing he or she shall prepare a
proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the
authority to administer oaths, examine any person under oath and
issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee,
permittee, registrant or certificate holder has violated subsection
(g) of this section or the board's rules, a formal written decision
shall be prepared which contains findings of fact, conclusions of
law and a specific description of the disciplinary actions imposed.
§30-27-22. Judicial review.
Any licensee, permittee, registrant or certificate holder
adversely affected by a decision of the board entered after a
hearing may obtain judicial review of the decision in accordance
with section four, article five, chapter twenty-nine-a of this
code, and may appeal any ruling resulting from judicial review in
accordance with article six, chapter twenty-nine-a of this code.
§30-27-23. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a licensee,
permitee, registrant or certificate holder has committed a criminal
offense under this article, the board may bring its information to
the attention of an appropriate law-enforcement official.
(b) Effective July 15, 2009
, a person violating a provision of
this article is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $500 nor more than $1,000 or
confined in jail not more than six months, or both fined and
confined.
§30-27-24. Single act evidence of practice.
In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited
by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general
course of conduct.