H. B. 2531
(By Delegates Morgan, Stephens and Argento)
[Introduced February 17, 2009; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to repeal §16-14-1, §16-14-2, §16-14-3 and §30-27-10a of the
Code of West Virginia, 1931, as amended; 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 updating
the regulation of the practice of barbers and cosmetologists
generally; inspections; definitions; board composition; powers
and duties of the board; clarifying rulemaking authority;
licensure requirements; hearing and notice requirements;
providing a civil cause of action; criminal penalties; and
regulatory review of the board.
Be it enacted by the Legislature of West Virginia:
That
§16-14-1, §16-14-2, §16-14-3 and
§30-27-10a of the Code
of West Virginia, 1931, as amended, be repealed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 as a barber, barber permanent waving, cosmetologist,
aesthetician, or nail technician 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 they
are a barber, barber permanent waving, cosmetologist, aesthetician
or nail technician, unless such person has been duly licensed under
the provisions of this article.
(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 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 or permit,
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 a person licensed
to
perform barbering and the following acts on a person
when 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) "Board" means the West Virginia Board of Barbers and
Cosmetologists.
(i) "Certificate" means an instructor certificate to teach in
a school
under the provisions of this article.
(j) "Certificate holder" means a person certified as an
instructor to teach in a school
under the provisions of this article.
(k) "Cosmetologist" means a person licensed under the
provisions of this article who engages in the practice of
cosmetology.
(l) "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
.
(m) "General supervision" means a master or certified
instructor is on the premises and is quickly and easily available.
(n) "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.
(o) "License" means a professional license, a salon license or
a school license.
(p) "Licensee" means a person, corporation or firm holding a
license issued under the provisions of this article.
(q) "Manicurist" or "Nail technician" means a person licensed
under the provisions of this article who engages in the practice of
nail care
.
(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) "Permit" means a work permit or student work permit.
(t) "Permitee" means a person holding a work permit or a
student
work permit
.
(u) "Professional license" means a license to practice as a
barber, barber permanent waving, cosmetologist, aesthetician, or
nail technician
.
(v) "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.
(w) "Registrant" means a person
who
holds a registration
under
the provisions of this article.
(x) "Salon" means a shop or other facility where a person
practices under a professional license.
(y) "Salon license" means a license to own and operate a
salon.
(z) "School" means a facility to educate persons to be
licensed with professional licenses under the provisions of this
article.
(aa) "School license" means a license to own and operate a
school.
§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 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 cosmetologist for a term of
three years;
(6) One person who is a licensed nail technician for a term of
four years; and
(7) One citizen member, 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 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 cosmetologist
s;
(2) One
licensed
barber;
(3) One barber crossover;
(4) One
licensed aesthetician
;
(5) One
licensed nail technician
;
(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) No member may serve more than two full terms. Any member
serving on the board on July 1, 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
shall be 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) Any member of the board immediately and automatically forfeits his or her membership if his or her license to practice is
suspended or revoked by the board, 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 four 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 number of persons passing and failing the
examinations;
(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, job
classification, job tenure and salary. Provided however, That
nothing may prohibit the disciplining or dismissal on 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. Rule making.
(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 registration
s;
(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
licenses, permits,
certificates and registrations
;
(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 registration
s;
(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 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 act 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 the 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 fund 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
barber, barber permanent waving, cosmetologist, aesthetician, 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 under the provisions of this article
issued by the board prior to July 1, 2009, shall for all purposes be considered a professional license issued under this section:
Provided, That a person holding a license issued prior to July 1,
2009, must renew the license pursuant to 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 from another state or jurisdiction. A nail technician
from another state or jurisdiction is required show completion of
the required curriculum and successfully complete 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, pay the renewal fee, and submit 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 for the 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 their studies in a
school
, all
students
shall acquire a student registration issued by the board.
(b) An applicant for 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 or permit to an 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) The applicant is professionally competent and financially
responsible;
(3) The applicant 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 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 section: Provided, That a person holding
a school license issued prior to January 1, 2009, must renew the
license pursuant to the provisions of this section.
(g) The school license shall be permanently displayed in the
school, and a suitable sign shall be kept on the front of the
school which shall plainly indicate what type of school is being
operated therein.
§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 the January 1, 2009, shall for all purposes be considered
a certification issued under this section: Provided, That a person
holding a certification issued prior to January 1, 2009, must renew
the certification pursuant to this section.
(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: Provided, That in the event the
salon fails to meet the requirements of this article;
(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
the July 1, 2009, shall for all purposes be considered a salon
license issued under this section: Provided, That a person holding
a license issued prior to July 1, 2009, must renew the license
pursuant to this section.
(e) The salon
license shall be permanently displayed in the
salon
, and a suitable sign shall be kept on the front 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 section: 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 this section.
§30-27-20.
Complaints; investigations; due process procedure;
grounds for disciplinary action.
(a) The board may upon its own motion 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) The board may cause an investigation to be made into the
facts and circumstances giving rise to the complaint and any person
regulated by this article has an affirmative duty to assist the
board, or its authorized representative, in the conduct of its
investigation.
(d) 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 any provision of this article or rules promulgated
pursuant to this article.
(e) Upon a finding that probable cause exists that the
licensee, permittee, registrant or certificate holder has violated
any provision of this article 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.
The hearing shall be held in accordance with the provisions of
section twenty-one of this article.
(f) 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.
(g) Any member of the board or its executive director may sign
a consent decree or other legal document on behalf of the board.
(h) 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:
(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 as defined by
legislative rule of the board;
(4) Violating any provision of this article, 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 refused, revoked or suspended by
the proper authorities of another jurisdiction, irrespective of
intervening appeals and stays;
(6) Aiding or abetting unlicensed practice; or
(7) Engaging in any act which has endangered or is likely to
endanger the health, welfare or safety of the public.
(i) For the purposes of subsection (h) of this section,
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 os 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 any
provision of this article 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; appeal to Supreme Court of Appeals.
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 person has
knowingly violated the provisions of this article or rules
promulgated hereunder, the board may bring its information to the
attention of an appropriate law-enforcement official who may cause
criminal proceedings to be brought.
(b) Any person violating a provision of this article or rule
promulgated
hereunder
, 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.
NOTE: The purpose of this bill is to update the law governing
the practice of barbering and cosmetology.
This article has been entirely rewritten; therefore
strike-throughs and underscoring have been omitted.
THIS BILL IS AN INTERIM BILL RECOMMENDED FOR PASSAGE BY THE
JOINT STANDING COMMITTEE ON GOVERNMENT ORGANIZATION.
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