### AUSTIN. Txxas 78711

March 19, 1975 The Honorable 0. W. McStay Executive Secretary State Board of Barber Examiners 512 Sam Houston Bldg. Austin, Texas 78701 Opinion No. H- 557 Re: Authority ofthe State Board ofBarber Examiners ta suspend licenses.
Dear Mr. McStay:

The State Board of Barber Examiners has requested our opinion on two questions involving article 8407a, V. T. C.S., the Texas Barber Law: 1. Under what conditions can abarber teach hair cutting for hire and reward? 2. Does the Board have the power to suspend or revoke the license ofabarber; if so, under what conditions and procedures? A registered barber is authorized to engage in shaving and trimming the beard, cutting the hair, hair styling, and certain forms of care for scalp and facial tissues. V. T. C.S. art. 8401, sec. 1; art. 8407a, sec. 4.

A certificate of registration, however, does not authorize its holder toteach others hair cutting for hire and reward.

Section 9of article 8407a prohibits any person, firm or corporation from operating abarber school, or soliciting students until it demonstrates to the State Board of Barber Examiners that ithas been established in accordance with that section. A licensed barber school or college is expressly authorized by section 9(b) to teach “hair-cutting. ”

ps 2504The Honorable 0. W. McStay page 2 (H-557)

A qualified barber school which issues “Class A” certificates must be under the direct supervision and control ofa barber who holds a current registered “Class A” certificate to practice barbering and who has had five years experience in his profession. V. T. C.S. art. 8407a, sec. 9(f).Each school shall have at least one (1)teacher who has a teacher’s certificate issued by the Board upon examination and who is capable and qualified to teach the curriculum . . . All such teachers are required to obtain ateacher’s certificate from the Board, and, in addition, . . . must meet the following requirements: (1)Demonstrate their ability to teach the said curriculum outlined herein through awritten and practical test to be given by the Board. (2) Hold a current certificate as a registered “Class A” barber under this law. (3) Demonstrate to the Board that such applicant is qualified to teach and instruct, to be determined at the discretion ofthe Board, and show evidence that the applkant has had at least six (6) months experience as ateacher in an approved school or college in Texas or inanother state approved by the Board, or have completed a six-month postgraduate course as ateacher inan approved barber school or college in Texas. Sec. 9(f). (Emphasis added). Section 9contemplates that any barber instructing others in barbering must teach in alicensed barber school and must have a teaching certificate issued by the Board. Inour opinion, a barber would be conducting abarber school without apermit ifhe taught hair-cutting outside alicensed barber school to students for hire and reward.

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The Honorable 0. W. McStay page 3 (H-557)

Limiting instruction in hair-cutting to licensed teachers in recognized barber schools serves two reasonable state objectives: 1)it notifies the public to expect to be served by student barbers,and 2) it protects student barbers who might otherwise pay for barbering instructions which do not qualify them to be licensed as registered assistant barbers under section 8of article 8407a, V. T. C.S. See Texas State Board ofBarber Examiners v. Beaumont Barber COT&~, Inc. , 454 S.W. 2d 729 (Tex. Sup. 1970).

Your second question asks whether the Board of Barber Examiners has power to suspend a barber’s license, and, if so, under that conditions and procedures.

Section 21ofarticle 8407a, requires the Board to suspend or revoke any certificate of registration “for any one of, or a combination ofthe following causes: (A) Gross malpractice; (B) Continued practice by aperson knowingly having an infectious or contagious disease; (C) Advertising by means of knowingly making false or deceptive statements; (D) Advertising, practicing, or attempting to practice under another’s trade name or another?s name: (E) Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs; (F) Immoral or unethical conduct; (G) The commission ofany ofthe offenses described in section 24 of this Act;

po 2506The Honorable 0. W. McStay page 4 (H-557)

See also Turner v. Bennett, 108 S.W. 2d 967 (Tex. Civ. App. --Beaumont 1937, no writ).

Section 22 ofarticle 8407a establishes the procedure for revoking abarber’s certificate or permit. The procedure involves a summons issued by abarber inspector, ahearing before a county judge within, 20 days ofthe summons, afact-finding inquiry by thejudge, adecision by the Board based onthejudge’s findings, and atrial de nova in the District Court ifan individual appeals from the Board’s decision suspending or revoking his registration.

Compliance with the statutoril~y prescribed procedure is necessary before the Board may revoke abarber’s certificate or permit under the provisions ofarticle 8407a, V. T. C.S. SUMMARY A barber may only teach hair-cutting for hire and reward ifhe has obtained ateacher’s certificate from the State Board of Barber Examiners and teaches in alicensed barber school or college. The Board has authority to revoke or suspend a barber’s certificate of registration if the findings ofthe county judge warrant such action. Very truly yours,

~~ c/ Attorney General of Texas

KENDALL, First Assistant C, ROBERT HEATH, Chairman Opinion Committee

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