justicedao/ipfs_state_laws huggingface dataset:
817-006-0007 School Curriculum Application Requirements (1) The Office will determine if new or existing schools must have their curriculum reviewed and approved. Schools must fulfill the requirements of th ese rules , including , but not limited to , completion of an Office prescribed application. (2) The applicant must be a natural person. (3) When applying for approval of a curriculum, the applicant must provide the following information on a form prescribed by the Office: (a) Name of school. (b) Type of school as defined under OAR 817-005-0005. (c) Physical and mailing address of school. (d) Name of person responsible for the school program and the curriculum in a field of practice. (e) Contact information, including phone number and email address, for a person listed in (3)(d) of this rule. (f) Fields of practice being taught. (g) Identify whether the school is an hour or proficiency-based school. (4) An applicant for a proposed school must provide proof that the proposed school has started the process of becoming a school or part of a school program or being authorized to teach a curriculum in a field of practice under the proposed school’s regulatory authority. Proof may include, but is not limited to, written notification from the regulatory authority, receipt of having submitted an application, or fees paid to the regulatory authority. Examples of regulatory authorities are as follows: (a) Department of Corrections. (b) Community colleges. (c) Oregon Department of Education. (d) Oregon Youth Authority. (e) Higher Education Coordinating Commission. (5) The applicant must submit the school’s proposed curriculum in each field of practice that the school will offer prior to the school teaching or instructing in a field of practice. The proposed curriculum must meet the requirements listed in OAR 817-006-0002, including hours and practical operations. Examples of proposed curriculum may include, but are not limited to, a syllabus or program map for each field of practice. (6) Notwithstanding subsection (3), if a school is revising a previously approved curriculum, the school must fulfill the requirements of this rule and submit a summary of curriculum revisions, including revisions in hours or practical operations for each field of practice. Statutory/Other Authority: SB 217 (2023), ORS 690.046 & ORS 690.165 Statutes/Other Implemented: SB 217 (2023), ORS 690.005, ORS 690.046 & ORS 690.165 History: BOC 5-2024, adopt filed 06/29/2024, effective 07/01/2024
817-006-0050 Practitioner Certificate Application Requirements for Natural Hair Care An individual applying for a certification in natural hair care must: (1) Meet the requirements of OAR 331 Division 30. (2) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees. (3) Submit proof of having completed the informational training modules regarding natural hair care available on the Office Website. (4) Pass the Board-approved written natural hair care examination within two years of the date of application. (5) If an applicant has not passed all required examinations within two years of the date of initial application, the applicant must reapply and pay all required fees. Statutory/Other Authority: ORS 676.615, ORS 690.046, ORS 690.035, ORS 690.165 & ORS 690.065 Statutes/Other Implemented: ORS 690.046, ORS 690.035 & ORS 690.065 History: BOC 5-2024, amend filed 06/29/2024, effective 07/01/2024 BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-006-0075 General Examination Information (1) Practical examination: The Board recognizes and sanctions the practical examination administered by a school. (2) Written examination: The Board-approved written examination consists of one or more fields of practice examinations and the Oregon laws and rules examination. (3) Each written examination will be scored individually. The passing score for each examination, including natural hair care, is 75 percent or better. (4) Examination candidates must adhere to the maximum time allowance for each examination, as established by the Office. (5) Written examination applicants may be electronically monitored during testing. (6) An applicant may not take notes or bring textbooks or notebooks into the written examination area. (7) No electronic equipment or communication devices, such as personal computers, pagers or cellular telephones or any other devices deemed inappropriate by the Office, are allowed in the written examination area. (8) An applicant may be immediately disqualified during or after the examination for conduct that interferes with the written examination. The examination may be invalidated, and written examination fees may be forfeited. Such conduct includes, but is not limited to: (a) Directly or indirectly giving, receiving, soliciting, or attempting to give, receive or solicit aid during the written examination process. (b) Taking items, including, but not limited to items listed in subsection (6) and (7) of this rule into the written examination area. (c) Removing or attempting to remove any examination-related information, notes or materials from the written examination site. (d) Failing to follow directions relative to the conduct of the written examination. (e) Exhibiting behavior that impedes the normal progress of the written examination. (9) The applicant may be required to reapply, submit additional examination fees, and request in writing to schedule another examination if applicant is disqualified from taking the examination for reasons under subsection (6), (7) and (8) of this rule. Statutory/Other Authority: ORS 690.046, ORS 690.065, ORS 690.165, ORS 676.615 & ORS 690.065 Statutes/Other Implemented: ORS 690.046, ORS 690.065 & ORS 690.065 History: BOC 5-2024, amend filed 06/29/2024, effective 07/01/2024 BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-006-0100 Written Examination Retake Requirements (1) An applicant may retake a failed examination the next business day up to the 10th failed attempt. (2) After the 10th failed attempt, the Board may determine qualifications before retaking the failed exam, including but not limited to additional hours and practical operations from a school. (3) An applicant retaking the examination must meet the requirements under OAR 331-030-0000. Statutory/Other Authority: ORS 690.065, ORS 690.165, ORS 690.046 & ORS 676.615 Statutes/Other Implemented: ORS 690.065 & ORS 690.046 History: BOC 5-2024, amend filed 06/29/2024, effective 07/01/2024 BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-006-0150 Special Examination Accommodations (1) Applicants who qualify under the Americans with Disabilities Act (ADA) may request a special accommodation examination. (2) Requests for accommodation must be made on forms provided by the Office and contain supporting documentation completed by a licensed professional holding appropriate credentials qualified to certify that the applicant's disabling condition requires the requested test accommodation. (3) Requests for accommodation must be submit 30 calendar days in advance of the preferred examination date. (4) All special accommodation examinations are conducted at the Office. If the Office is unable to accommodate the disability, a suitable alternate location will be chosen by the Office. Statutory/Other Authority: ORS 690.165, ORS 690.065, ORS 690.046 & ORS 676.615 Statutes/Other Implemented: ORS 690.065 & ORS 690.046 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0000 Facility License (1) Pursuant to ORS 690.055, a facility license must be obtained when operating a business establishment and providing services in one or more fields of practice defined in ORS 690.005. (2) A facility license is valid for one year and becomes inactive on the last day of the month one year from the date of issuance. (3) The holder of a facility license must be a natural person, including but not limited to, a facility owner, facility manager or any other natural person. (4) A facility license is not transferable; the license is not transferable from person-to-person or from location to location. If an existing facility moves or relocates to a new physical address, the facility license holder must submit a new application and meet the requirements of OAR 817-007-0025. A natural person may hold more than one facility license, but must submit a separate application, pay required fees and qualify for a facility license for each location. (5) A facility license holder must meet and adhere to all applicable requirements listed under OAR Chapter 817, Divisions 7, 10, 15, 60, OAR 817-007-0050 and if applicable OAR 817-007-0075. (6) A facility license holder must notify the Office within 30 calendar days of changes in facility name or assumed business name pursuant to OAR 331-010-0040. Statutory/Other Authority: ORS 690.165, ORS 690.055 & ORS 676.615 Statutes/Other Implemented: ORS 690.055 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0025 Application Requirements for Facility Licensure To obtain a facility license, the applicant must meet the requirements of OAR 331 Division 30 and submit: (1) A completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees; (2) Proof of being at least 18 years of age. Documentation may include identification listed under OAR 331-030-0000; (3) A list of authorization holders providing services in the facility; (4) The name of facility; and (5) If the facility is not operating under the real and true name of each owner, the applicant must provide appropriate documentation of being registered with the Secretary of State under ORS 648. Statutory/Other Authority: ORS 690.055, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.055 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0050 Facility Standards (1) A facility license holder must: (a) Comply with the notification requirements of OAR 331-010-0040; (b) Allow the Office’s representative to inspect the facility or conduct an investigation. Obstructing or hindering an investigation or inspection, threatening or exerting physical harm, or enabling another individual or employee to impede an investigation or inspection may result in disciplinary action pursuant to ORS 676.608 or 690.225. (c) Comply with all applicable administrative rules and regulations of the Board and other state agencies regarding health, safety, and infection control standards including those listed in OAR 817-010-0007. (d) Require each authorization holder working within the facility premises providing services in a field of practice to have the appropriate and required authorizations. (2) All shared or common areas must be clean and sanitary and are the responsibility of each authorization holder. (3) Each authorization holder at a facility may be cited for violations of rules or regulations found in the shared or common area of a facility, unless a contractual agreement exists that indicates specific responsibility for the cleanliness of a shared or common area within the facility. (4) When body piercing, electrology or tattoo services are provided in a cosmetology facility, body piercing, electrology or tattoo services must be separated from cosmetology services by a solid barrier to prevent contact with foreign materials. Statutory/Other Authority: ORS 690.055, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.055 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0075 Standards for Facilities Located in Residence (1) A facility located in a residence must: (a) Comply with all standards listed in OAR Chapter 817, Division 10 unless otherwise specified by rule. (b) Have an identifying house number and a sign with the facility name, that matches the one on file with the Office, and is easily visible from the street, and indicates the location of the facility; (c) Be equipped with the structures, accommodations, and equipment that the Office requires for all facilities; and (2) The living area of the home must be separated from the facility by solid walls extending from floor to ceiling, with any connecting doors kept closed while the facility is in operation. (3) An adequate supply of hot and cold running water must be available. Sinks in the restroom do not qualify as a water source for a facility located within a residence. (4) A separate entrance is not required for facilities located in a residence. Statutory/Other Authority: ORS 690.055, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.055 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0100 Temporary Facility (1) A temporary facility permit holder defined under ORS 690.005 and issued under ORS 690.055, may perform services in a field of practice defined under ORS 690.005. (2) The holder of a temporary facility permit must be a natural person. (3) A temporary facility permit is valid for a limited time not to exceed 30 consecutive calendar days. (4) A temporary facility license holder must meet and adhere to all applicable requirements listed under OAR Chapter 817, divisions 7, 10, 15, 60, OAR 817-007-0050 and, if applicable, OAR 817-007-0075. (5) If a facility owner licensed under OAR 817-007-0000 intends to operate a facility on a limited basis, away from the facility address on file with the Office, they must obtain a temporary facility permit. Statutory/Other Authority: ORS 690.055, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.055 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0125 Application Requirements for Temporary Facility Permit (1) For the Office to issue a temporary facility permit, the applicant must: (a) Meet the requirements of OAR Chapter 331 Division 30; (b) Submit a completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees; (c) Submit proof of being at least 18 years of age. Documentation may include identification listed under OAR 331-030-0000, (d) Provide a list of authorization holders providing services in the temporary facility; (e) Submit the name of the temporary facility; and (2) If the temporary facility is not operating under the real and true name of each owner, the applicant must provide appropriate documentation of being registered with the Secretary of State under ORS 648. Statutory/Other Authority: ORS 690.055, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.055 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0150 Freelance Authorization (1) Pursuant to ORS 690.123, a practitioner who provides services outside of a licensed facility must hold a freelance authorization. (2) A freelance license is valid for one year and becomes dormant on the last day of the month one year from the date of issuance or renewal, unless renewed. (3) A freelance license holder must meet and adhere to all applicable requirements listed under OAR Chapter 817, divisions 7, 10, 15, and 60 . (4) A freelance authorization holder must notify the Office within 30 calendar days of any information changes pursuant to OAR 331-010-0040. Statutory/Other Authority: ORS 690.123, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.123 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0175 Application Requirements for Freelance Authorization To obtain a freelance authorization a practitioner must meet the requirements of OAR 331 Division 30 and submit: (1) A completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees. (2) Proof of holding an active practitioner certificate. (3) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name when applying for a freelance authorization. An ABN is not required if business includes the real and true name of the owner. Refer to Secretary of State, Corporations Division under ORS 648. Statutory/Other Authority: ORS 690.165, ORS 676.615 & ORS 690.123 Statutes/Other Implemented: ORS 690.123 History: BOC 5-2024, amend filed 06/29/2024, effective 07/01/2024 BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0200 Freelance Authorization Standards A holder of freelance authorization must: (1) Provide each client with the Office’s name, address and telephone number; (2) Display the practitioner's certificate number and freelance authorization number on all advertising when soliciting business; (3) Be subject to random audit to verify compliance with safety, infection control and licensing requirements pursuant to ORS 690.123; and (4) Allow the Office’s representative to conduct an investigation pursuant to ORS 676.608. Obstructing or hindering the normal progress of an investigation, threatening or exerting physical harm, or enabling another individual to impede an investigation may result in disciplinary action pursuant to ORS 676.612 or ORS 676.992 and OAR 331-020-0070. Statutory/Other Authority: ORS 690.123, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.123 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0225 Independent Contractor (1) Pursuant to ORS 690.057, a practitioner who provides services within a licensed facility and who is not an employee must hold an independent contractor registration. (2) An independent contractor must meet the criteria for independent contractor status in accordance with ORS 690.035, 690.057, 670.600, and 657.040; (3) An independent contractor registration is valid for one year and becomes dormant on the last day of the month one year from the date of issuance or renewal. (4) An independent contractor must comply with all applicable rules and regulations of the Board and other state agencies and adhere to all applicable requirements listed under OAR Chapter 817, divisions 7, 10, 15, and 60. (5) An independent contractor registration is transferable between work locations, provided the Office is given notification as stated in OAR 331-010-0040. Statutory/Other Authority: ORS 690.057, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.057 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0250 Application Requirements for Independent Contractor Registration To obtain an independent contractor registration, a practitioner must meet the requirements of OAR Chapter 331 Division 30 and submit: (1) A completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees. (2) Proof of being at least 18 years of age. Documentation may include identification listed under OAR 331-030-0000. (3) Proof of holding a current, valid practitioner certificate that is active and has no current disciplinary action. (4) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name when applying for an independent contractor registration. An ABN is not required if business includes the real and true name of the owner. Refer to Secretary of State, Corporations Division under ORS 648. Statutory/Other Authority: ORS 690.057, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.057 History: BOC 5-2024, amend filed 06/29/2024, effective 07/01/2024 BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0275 Independent Contractor Standards (1) An independent contractor must allow the Office’s representative to inspect or conduct an investigation pursuant to ORS 676.608 or 690.225. Obstructing or hindering an investigation or inspection, threatening or exerting physical harm, or enabling another individual or employee to impede an investigation or inspection may result in disciplinary action pursuant to ORS 676.612 or 676.992 and OAR 331-020-0070. (2) The cleanliness and sanitary condition of any shared or common area used by, or provided for, separately licensed facilities or independent contractors located at one premises is the responsibility of each license or registration holder at that premises. (3) Each authorization holder located at one facility may be cited for violations of rules or regulations found in a shared or common area of a facility, unless a contractual agreement exists that indicates specific responsibility for the cleanliness of a shared or common area within the facility. Statutory/Other Authority: ORS 690.057, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.057 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0300 Demonstration Permit (1) Pursuant to ORS 690.105, a person not certified under ORS 690.048 who wishes to practice, demonstrate, and teach a field of practice, or perform a field of practice, temporarily and primarily for educational purposes may obtain a demonstration permit. (2) A demonstration permit is active for 30 days and is not renewable. (3) The holder of the demonstration permit: (a) May provide services in a field of practice defined under ORS 690.005. (b) Must meet and adhere to all applicable requirements listed under OAR Chapter 817, Divisions 7, 10, 15, and 60. (c) May perform services at training seminars; shows; licensed facilities or other locations approved by the Board. Statutory/Other Authority: ORS 690.105, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.105 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0325 Application Requirements for Demonstration Permit To obtain a demonstration permit, an individual must meet the requirements of OAR Chapter 331 Division 30 and submit: (1) A completed application form prescribed by the Office, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required fees; (2) An affidavit of licensure pursuant to OAR 331-030-0040 from another state, which is active with no current or pending disciplinary action; and (3) A description of the purpose for which the permit is sought. Statutory/Other Authority: ORS 690.105, ORS 690.165 & ORS 676.615 Statutes/Other Implemented: ORS 690.105 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-007-0350 Posting Requirements (1) Freelance authorization, certificate, license, permit and registration holders are subject to the requirements of OAR 331-030-0020. (2) Facility licenses must be posted in public view. (3) Independent contractor registrations must be posted in public view. (4) Practitioner certificates must be posted in public view. (5) Demonstration and temporary authorizations must be posted in public view. (6) A freelance authorization holder must show the authorization to practice upon request of the client. (7) A facility license holder and independent contractor registration holder must post the most recent inspection certificate in public view in the facility or at the independent contractor’s workstation. Statutory/Other Authority: ORS 690.165, ORS 676.572 & ORS 676.615 Statutes/Other Implemented: ORS 690.165 & ORS 676.572 History: BOC 3-2019, adopt filed 12/06/2019, effective 01/01/2020
817-010-0007 Compliance with All Applicable Regulations Authorization holders must observe the Department of Human Services, Oregon Health Authority, and all other applicable city, county, state and federal regulations and requirements. Statutory/Other Authority: ORS 690.165, ORS 690.205, ORS 690.055 & ORS 676.615 Statutes/Other Implemented: ORS 690.165, ORS 690.205 & ORS 690.055 History: BOC 3-2019, amend filed 12/06/2019, effective 01/01/2020 BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14 BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04 BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01 BH 1-1996, f. 5-31-96, cert. ef. 7-1-96 BH 3-1994, f. 6-23-94, cert. ef. 7-1-94 BH 1-1988, f. & cert. ef. 7-1-88 BH 4-1984, f. & ef. 12-7-84 BH 2-1978, f. & ef. 11-29-78