An Act To Repeal Inactive Boards and Commissions
Maine Legislature, Session 124, LD 1254
Committee Amendment CA_A_H328 (House)
Amends: 5 MRSA §12006, 10 MRSA §8001, 32 MRSA §14202, 32 MRSA §14203, 32 MRSA §14204, 32 MRSA §14211-A, 32 MRSA §14212, 32 MRSA §14212-A, 32 MRSA §14224, 32 MRSA §14225, 32 MRSA §14226, 32 MRSA §14227, 32 MRSA §14228, 32 MRSA §14229, 32 MRSA §14229-A, 32 MRSA §14230, 32 MRSA §14231, 32 MRSA §14232, 32 MRSA §14233, 32 MRSA §14234, 32 MRSA §14235, 32 MRSA §14235-A, 32 MRSA §14236-A, 32 MRSA §14245, 32 MRSA §14246, 32 MRSA §14247, 32 MRSA §14248, 32 MRSA §14249, 32 MRSA §14250

COMMITTEE AMENDMENT" A" to H.P. 873, L.D. 1254, Bill, "An Act To 
Repeal Inactive Boards and Commissions" 
Amend the bill by inserting after the enacting clause the following: 'P ART A' 
Amend the bill by striking out all of sections 1 to 11, 15, 17, 18,20 to 23, 26 to 29, 
and 34 to 36. 
Amend the bill by inserting after section 36 the following: 
'Sec. 37. 5 MRSA §12006, sub-§2, as amended by PL 2007, c. 395, §23, is 
further amended to read: 
2. Legislative repeal of inactive boards. The Secretary of State shall submit 
suggested legislation to the joint standing committee of the Legislature having 
jurisdiction over state government matters on or before January +§.th 30th in the first 
regular session of each biennium to repeal those boards that have not reported on their 
activities to the Secretary of State under this section or section 12005-A during either of 
the prior 2 calendar years or have been inactive during the preceding 24 months. The joint 
standing committee of the Legislature having jurisdiction over state government matters 
may submit legislation to the first regular session of each biennium to repeal those 
boards. 
Sec. 38. 5 MRSA §12006, sub-§3, ~C, as enacted by PL 2003, c. 643, §6, is 
amended to read: 
C. 
State Poet Laureate Advisory Selection Committee, as established in section 
12004-I, subsection 5-A; aad 
Sec. 39. 5 MRSA §12006, sub-§3, ~, as enacted by PL 2003, c. 643, §6, is 
amended to read: 
D. 
Board of Emergency Municipal Finance, as established in Title 30-A, section 
6101~ 
Sec. 40. 5 MRSA §12006, sub-§3, ~ 
is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 4" to H.P. 873, L.D. 1254 
E. State Compensation Commission, as established in Title 3, section 2-B; 
Sec. 41. 5 MRSA §12006, sub-§3, ~ 
is enacted to read: 
F. Maine-Canadian Legislative Advisory Commission, as established in Title 3, 
section 227; 
Sec. 42. 5 MRSA §12006, sub-§3, ~G is enacted to read: 
G. New England and Eastern Canada Legislative Commission, as established in Title 
3, section 231; 
Sec. 43. 5 MRSA §12006, sub-§3, ~ 
is enacted to read: 
H. State House and Capitol Park Commission, as established in Title 3, section 
901-A; and 
Sec. 44. 5 MRSA §12006, sub-§3, ~ is enacted to read: 
I. Maine Agricultural Bargaining Board, as established in Title 13, section 1956.' 
Amend the bill by striking out all of sections 37 to 40, 42 to 44 and 47. 
Amend the bill by striking out all of section 48 and inserting the following: 
'Sec. 48. 10 MRSA §8001, sub-§38, as amended by PL 2007, c. 369, Pt. B, §§2 
to 6 and affected by Pt. C, § 5 and amended by c. 402, Pt. C, § 1, is further amended to 
read: 
38. Office of Licensing and Registration. Office of Licensing and Registration. 
The Office of Licensing and Registration is composed of the following: 
A. 
Board of Accountancy; 
D. 
Maine State Board for Licensure of Architects, Landscape Architects and 
Interior Designers; 
E. 
Maine Athletic Commission; 
F. 
Board of Licensing of Auctioneers; 
G. 
Board of Barbering and Cosmetology; 
H. 
Board of Chiropractic Licensure; 
H-l. 
Board of Complementary Health Care Providers; 
I. Board of Driver Education; 
J. 
Board of Counseling Professionals Licensure; 
K. Board of Licensing of Dietetic Practice; 
L. 
Electricians' Examining Board; 
M. 
Board of Licensure of Foresters; 
N. 
State Board of Funeral Service; 
O. 
State Board of Certification for Geologists and Soil Scientists; 
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COMMITTEE AMENDMENT "A" to H.P. 873, L.D. 1254 
Q. 
Board of Licensure for Professional Land Surveyors; 
R. 
Manufactured Housing Board; 
S. 
Nursing Home Administrators Licensing Board; 
T. 
Board of Occupational Therapy Practice; 
U. 
Oil and Solid Fuel Board; 
V. 
Maine Board of Pharmacy; 
W. 
Board of Examiners in Physical Therapy; 
Y. 
Plumbers' Examining Board; 
Z. 
Board of Licensure of Podiatric Medicine; 
AA. 
State Board of Examiners of Psychologists; 
BB. 
Radiologic Technology Board of Examiners; 
CC. 
Board of Real Estate Appraisers; 
DD., Board of Respiratory Care Practitioners; 
EE. 
State Board of Social Worker Licensure; 
GG. 
State Board of Alcohol and Drug Counselors; 
RH. 
State Board of Veterinary Medicine; 
II. Propane and Natural Gas Board; 
JJ. 
Real Estate Commission; 
KK. 
Board of Boiler Rules; 
LL. 
Board of Elevator and Tramway Safety; and 
MM. Board of Speech-language Pathology, Audiology and Hearing Aid Dealing and 
Fitting. 
The Office of Licensing and Registration also administers the following regulatory 
functions: 
licensure of athletic trainers; licensure of massage therapists; licensure of 
interpreters for the deaf and hard-of-hearing; licensure of persons pursuant to the 
Charitable Solicitations Act; arui licensure of transient sellers, including door-to-door 
home repair transient sellers; and licensure of persons pursuant to the Barbering and 
Cosmetology Licensure Act.' 
Amend the bill by striking out all of sections 55, 56 and 57. 
Amend the bill in section 58 by striking out all of subsection 2 (page 9, lines 4 to 12 
in L.D.) and inserting the following: 
'2. Exemptions. Educational programs related to the real estate professions that are 
subject to approval under Title 32, chapter 59, commercial driver education schools 
subject to approval by the Secretary of State under Title 29-A, chapter 11, subchapter ill 
;i, schools of barbering and schools of cosmetology subject to approval by the Board of 
Barberin!! and Cosmetolmrv Director of the Office of Licensing and Registration under 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 873, L.D. 1254 
Title 32, chapter 126, educational programs offered by any Maine nonprofit corporation, 
any educational programs offered by any professional or trade association primarily for 
the benefit of its own members and any educational institution authorized by the laws of 
this State to grant a degree are exempt from the requirements of this chapter.' 
Amend the bill by striking out all of sections 61 to 69, 72, 73, 75 and 77. 
Amend the bill by inserting at the end before the summary the following: 
'PART JB 
Sec. B-1. 32 MRSA §14202, sub-§2, as enacted by PL 1991, c. 397, §6, is 
repealed. 
Sec. B-2. 32 MRSA §14202, sub-§3-A, as enacted by PL 1995, c. 80, §1, is 
amended to read: 
3-A. Demonstrator. "Demonstrator" means a person who is licensed to practice 
cosmetology, barbering, aesthetics or manicuring and engages in 
performing 
demonstrations outside establishments licensed by the beafd director in the use of 
machines, articles or techniques pertaining to practices licensed under this chapter. The 
term "demonstrator" does not include one who performs demonstrations solely for 
persons currently licensed to practice cosmetology, barbering, aesthetics or manicuring 
under this chapter or under the licensing provision of any other state. 
Sec. B-3. 32 MRSA §14202, sub-§4-A is enacted to read: 
4-A. 
Director. "Director" means the Director of the Office of Licensing and 
Registration within the department. 
Sec. B-4. 32 MRSA §14202, sub-§l1, as amended by PL 1997, c. 210, §14, is 
further amended to read: 
11. Student. "Student" means any person duly enrolled in a school licensed by the 
beafd director and engaged in learning and acquiring a knowledge of the practice of: 
A. 
Cosmetology; 
B. 
Barbering; 
C. 
Aesthetics; or 
D. 
Manicuring. 
Sec. B-S. 32 MRSA §14202, sub-§13, as amended by PL 2007, c. 402, Pt. Iffi, 
§2, is further amended to read: 
13. Trainee. "Trainee" means any person who, under the direct supervision of a 
person licensed under this chapter in the same category as the training performed and in 
accordance with beafd rules adopted by the director, is engaged in learning and acquiring 
a knowledge of the practice of; 
A. Cosmetology; 
B. Barbering; 
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COMMITTEE AMENDMENT ,A" to H.P. 873, L.D. 1254 
C. Aesthetics; or 
D. Manicuring. 
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Sec. B-6. 32 MRSA §14203, sub-§2, as amended by PL 2009, c. 48, §§1 to 3, is 
further amended to read: 
2. Exceptions. The practice of cosmetology, barbering, aesthetics or manicuring 
may be carried on only by persons duly licensed to practice in this State and only in an 
establishment licensed by the beaffi director, except as provided in this subsection. Duly 
licensed persons may practice their respective practices: 
A. On patients in hospitals or nursing homes; 
B. On residents of summer camps; 
C. On inmates or residents of institutions of the Department of Health and Human 
Services; 
D. On invalids or handicapped persons in those persons' places of residence; 
E. On residents of nursing homes; 
F. On hotel or motel occupants in their hotel or motel rooms; 
G. On persons in their residences; 
H. On persons in their private businesses; 
I. On human remains in licensed funeral establishments; and 
J. 
On persons at special events with a special event services permit. 
Services 
rendered pursuant to this paragraph must be rendered for compensation. A person 
may not perform special event services without first obtaining a special event 
services permit from the beaffi director. 
The services provided pursuant to the 
special event services permit must comply with any applicable public health and 
safety requirements, the requirements of this chapter and all federal, state and local 
laws. 
Sec. B-7. 32 MRSA §14204, 2nd~, as amended by PL 2007, c. 402, Pt. HR, §4, 
is repealed. 
Sec. B-S. 32 MRSA §14211-A, as amended by PL 2007, c. 402, Pt. HR, §7, is 
repealed. 
Sec. B-9. 32 MRSA §14212, as amended by PL 2007, c. 402, Pt. HR, §8, is 
repealed. 
Sec. B-U)' 32 MRSA §14212-A is enacted to read: 
§14212-A. Director's powers and duties 
1. Duties. The director shall administer, coordinate and enforce this chapter. 
The 
director may appoint an advisory committee to assist the director on any matter that may 
arise under this chapter, as needed. 
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COMMITTEE AMENDMENT "4,, to H.P. 873, L.D. 1254 
2. Rule-making authority. The director shall establish guidelines and adopt rules 
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necessary for the proper administration and enforcement of this chapter. Rules adopted 
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pursuant to this section are routine technical rules as defined by Title 5, chapter 375, 
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subchapter 2-A. The rules must address, but are not limited to, the following: 
A. 
Requirements for the licensure of aestheticians, barbers, cosmetologists, 
manicurists, demonstrators, instructors, students and trainees; 
B. Requirements for licensing, operating and inspecting schools. At a minimum, the 
rules must include standards relating to educational programs, 
instructor 
qualifications, school operation, academic and student records and record keeping, 
health, safety and sanitation, physical facilities of the school and off-site classrooms, 
payment of refunds, notices and information to be provided to students and credit for 
education obtained in subjects that are considered substantially equivalent to applied 
courses offered and consistent with this chapter; 
C. Requirements for licensing and operation of physical facilities and inspection of 
establishments and booths consistent with this chapter; and 
D. The establishment of sanitation, health and safe practice standards, including but 
not limited to blood spill procedures and proper use of tools, implements, equipment 
and electrical and nonelectrical machines and devices used in connection with the 
practices authorized under this chapter. 
3. Inspections. 
The director or a designee of the director may enter licensed 
premises to conduct random inspections for compliance with this chapter and rules 
adopted pursuant to this chapter. 
4. Diseases. The director may require the physical examination of any person 
offering service to members of the public who is suspected of having any communicable 
disease. A person who has a communicable disease may not give service to members of 
the public, including service within licensed establishments or schools licensed by the 
director. 
Failure to submit to such an examination is grounds for suspension or 
revocation ofthe person's registration, certification, permit or license. 
Sec. B-ll. 32 MRSA §14224, sub-§2, as amended by PL 2007, c. 402, Pt. ffiI, 
§ 10, is further amended to read: 
2. Operation of shop; license required. A person, firm or corporation may not 
provide services in, operate or cause to be operated a shop where cosmetology, barbering, 
manicuring or aesthetics is practiced unless that shop has been duly licensed by the beaffi 
director. A license issued pursuant to this subsection authorizes the operation of the 
establishment only at the location for which the license is issued. Operation of the 
establishment at any other location is unlawful unless a license for the new location has 
been obtained in compliance with this chapter and applicable 00affi rules. 
The 00affi director shall furnish to each licensed cosmetologist, barber, manicurist or 
aesthetician a license certifying that the holder of that license is entitled to practice in this 
State. The licensee shall post the license in a conspicuous place where it may be readily 
seen and read by all persons served. The reproduction, altering or defacing of any license 
is prohibited. 
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Booths attached to or within a licensed shop that are operated independently are subject 
to licensure, fees and applicable rules in the same manner as independent shops. +he 
board may establish rules for the operation of booths. 
Shop licenses must be rene'.ved biennially unless otherwise provided by the 
commissioner. The renewal fee is set under section 14238. 
The exceptions listed in section 14203, subsection 3 do not permit the practice of 
cosmetology, barbering, manicuring or aesthetics in food establishments or food 
preparation areas. 
Sec. B-12. 32 MRSA §14224, sub-§2-B, as enacted by PL 1997, c. 622, §2, is 
amended to read: 
2-B. Change of ownership; change of location. The owner of a new shop is 
required to apply to the beard director for licensure of that shop. The owner of a licensed 
shop that undergoes a change in location is required to reapply to the beard director for 
licensure. The owner or owners of a licensed shop that undergoes a change in ownership 
shall notify the beard director within 7 days of the change. If a shop has more than one 
owner and the change in ownership results from the death or divorce of one of the 
owners, the notice must be provided to the beard director as set forth in subsection 2-C. 
Whenever there is a change of ownership, the shop license is valid for 30 days from the 
transaction date to allow the new owner to comply with this section. 
Sec. B-13. 32 MRSA §14224, sub-§2-C, as enacted by PL 1997, c. 622, §2, is 
amended to read: 
2-C. Ownership changes resulting from death or divorce of an owner. If a 
licensed shop has more than one owner and ownership changes as a result of the death or 
divorce of one of the owners, the beard director shall reissue the license for the remaining 
license period as long as a remaining owner is named on the existing license and the 
beard director is notified within 30 days of the divorce decree or the date of death. A shop 
license is valid for 60 days following the death of the person in whose name the shop is 
licensed. 
Sec. B-14. 32 MRSA §14224, sub-§3, as amended by PL 2007, c. 402, Pt. RH, 
§ 10, is further amended to read: 
3. Trainee. A trainee cosmetologist, barber, manicurist or aesthetician licensed 
pursuant to section 14232 may not independently conduct a practice but may, as a trainee, 
do any or all acts constituting the practice under the immediate personal supervision of a 
person duly licensed and approved by the beard director in a licensed shop. 
Sec. B-15. 32 MRSA §14224, sub-§4, as amended by PL 2007, c. 402, Pt. RH, 
§ 10, is further amended to read: 
4. 
Student license required. A student enrolled in the study of cosmetology, 
barbering, manicuring or aesthetics must be licensed with the beard director pursuant to ' 
section 14233. 
Sec. B-16. 32 MRSA §14225, first 'IT, as amended by PL 2007, c. 402, Pt. RH, 
§ 11, is further amended to read: 
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COMMITTEE AMENDMENT "A" to H.P. 873, L.D. 1254 
The beafd director may, subject to section ~ 
14212-A, subsection 2, adopt rules 
authorizing the issuance of special mobile shop licenses, including requirements for 
mobile shops, locations for these shops and any other rules that the beafd director 
considers necessary. The fee for a special mobile shop license is set under section 14238. 
Sec. B-17. 32 MRSA §14226, sulb-§3, as amended by PL 1997, c. 210, §24, is 
further amended to read: 
3. Training. Has satisfactorily completed a course of instruction in cosmetology of 
1,500 hours in not less than 9 months in a school licensed by the beafd director or has 
experience in the practice of cosmetology as a trainee of 2,500 hours distributed over a 
period of at least 18 months; and 
Sec. B-18. 32 MRSA §14226, sulb-§4, as amended by PL 2007, c. 402, Pt. HR, 
§ 12, is further amended to read: 
4. Examination. Has satisfactorily passed an approved examination approved by 
the board in subjects the board considers necessary to determine the fitness of the 
applicant to practice. The board may establish the passing score for all examinations. 
B. Within 90 days of notification of passing an examination, the applicant must pay 
the fee as set under section 14238 to receive a first license. 
Sec. B-19. 32 MRSA. §14226, 2nd ~, as amended by PL 1997, c. 210, §27, is 
further amended to read: 
Any person licensed as a barber pursuant to this chapter and who has satisfactorily 
completed a course of instruction in cosmetology of at least 500 hours in a school 
licensed by the beafd director or has experience in the practice of cosmetology as a 
trainee of at least 900 hours is eligible for examination. 
Sec. B-20. 32 MRSA §14227, sulb-§3, as amended by PL 1997, c. 210, §28, is 
further amended to read: 
3. Training. Has satisfactorily completed a course of instruction in barbering of 
1,500 hours in not less than 9 months in a school licensed by the beafd director or has 
experience in the practice of barbering as a trainee of 2,500 hours distributed over a 
period of at least 18 months; and 
Sec. B-2!. 32 MRSA §14227, sub-§4, as amended by PL 2007, c. 402, Pt. HR, 
§13, is further amended to read: 
4. Examination. Has satisfactorily passed an approved examination approved by 
the board in subjects the board considers necessary to determine the fitness of the 
applicant to practice. The board may establish the passing score for all examinations. 
B. 
Within 90 days of notification of passing an examination, the applicant must pay 
the fee as set under section 14238 to receive a first license. 
Sec. B-22. 32 MRSA §14227, 2nd rijT, as amended by PL 1997, c. 210, §31, is 
further amended to read: 
Any person licensed as a cosmetologist pursuant to this chapter and who has 
satisfactorily completed a course of instruction in barbering of at least 500 hours in a 
COMMITTEE AMENDMENT 
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school licensed by the beard director or has experience in the practice of barbering as a 
trainee of at least 900 hours is eligible for examination. 
Sec. B-23. 32 MRSA §14228, sub-§3, as amended by PL 2001, c. 260, Pt. G, §1, 
is further amended to read: 
3. Training. Has satisfactorily completed a course of instruction in aesthetics of 600 
hours in not less than 3 months in a school licensed by the beard director or has 
experience in the practice of aesthetics as a trainee of up to 1,000 hours distributed over a 
period of at least 6 months. The board shall establish by rule the specific number of 
hours of course work required up to a maximum of 600 hours must be specified by rule. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter II-A 2-A; and 
Sec. B-24. 32 MRSA §14228, sllIb-§4, as amended by PL 2007, c. 402, Pt. HR, 
§ 14, is further amended to read: 
4. Examination. Has satisfactorily passed an approved examination approved by 
the board ifl subjects the board cOflsiders fleceSSaF)' to determifle the fitness of the 
applicam to practice. The board may establish the passiflg score for all examiflations. 
B. 
Within 90 days of notification of passing an examination, the applicant must pay 
the fee as set under section 14238 to receive a first license. 
Sec. B-25. 32 MRSA §14229, sub-§3, as amended by PL 1997, c. 210, §35, is 
further amended to read: . 
3. Training. Has satisfactorily completed a course of instruction in manicuring of 
hours in not less than 5 weeks in a school licensed by the beard director or has 
experience in the practice of manicuring as a trainee of 400 hours distributed over a 
period of at least 10 weeks; and 
Sec. B-26. 32 MRSA §14229, sub-§4, as amended by PL 2007, c. 402, Pt. HR, 
§15, is further amended to read: 
4. Examination. Has satisfactorily passed an approved examination approved by 
the board ifl subjects the board considers flecessary to determifle the fitfless of the 
applicam to practice. The board may establish the passiflg score for all examiflations. 
B. 
Within 90 days of notification of passing. an examination, the applicant must pay 
the fee as set under section 14238 to receive a first license. 
Sec. B-27. 32 MRSA §14229-A, as enacted by PL 2007, c. 402, Pt. HH, §16, is 
amended to read: 
§14229-A. First license; reexamination 
Within 90 days of notification of passing an examination, the applicant must pay a 
fee as set under section 14238 to receive a first license. The first license is valid until the 
next renewal period. The beard director has the authority to waive the 90-day time period 
for extenuating circumstances. If not successful, the applicant may take subsequent 
examinations held within a period of one year from the date of the applicant's first 
examination. An applicant who fails to pass an examination within one year from the 
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COMMITTEE AMENDMENT A 
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applicant's first examination may take another examination at a time and under the 
conditions that the board determines. 
Sec. B-28. 32 MRSA §14230, as amended by PL 2007, c. 402, Pt. Illi, §17, is 
further amended to read: 
§14230. Temporary permit 
If an applicant to practice cosmetology, barbering, manicuring or aesthetics qualifies 
for examination, the 00affi director may issue to that applicant a permit to practice under 
the direct supervision of a qualified supervisor, as determined by 00affi rules, within a 
licensed shop. The applicant must pay the fee as set under section 14238. A permit 
expires 6 months from the date of issuance and is not renewable. 
The applicant is not 
considered a trainee. 
Sec. B-29. 32 MRSA §14231, as amended by PL 2007, c. 402, Pt. Illi, §18, is 
further amended to read: 
§14231. Endorsement 
The 00affi director may waive the examination and grant a license to any applicant 
who presents proof of being authorized to practice by another state or other jurisdiction of 
the United States or another country that maintains professional standards considered by 
the 00affi director to be equivalent to or higher than those set forth in this chapter, as long 
as no cause exists for denial of a license under section 14236-A. Such an applicant must 
pay the fee as provided in section 14238. 
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Sec. B-30. 32 MRSA §14232, as amended by PL 2007, c. 402, Pt. Illi, §19, is, 
further amended to read: 
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§14232. Trainees 
1. License. Each trainee must submit an application for licensure to the 00affi 
director. The application must be accompanied by a fee as set under section 14238. The 
license for each type of training expires as indicated below. 
A. A cosmetology trainee license expires 18 months from date of issuance. 
B. A barber trainee license expires 18 months from date of issuance. 
C. A manicurist trainee license expires 6 months from date of issuance. 
D. An aesthetician trainee license expires 12 months from date of issuance. 
2. Filing with the director. Before beginning training, a trainee must file with the 
00affi director: 
A. The employer's name, shop name and address; 
B. The date that the training will begin; 
C. The type of training, such as cosmetology, barbering, manicuring or aesthetics; 
D. Evidence of age; 
E. Evidence of satisfactory completion of the 10th grade or its equivalent; and 
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COMMITIEE AMENDMENT "A" to H.P. 873, L.D. 1254 
F. The name of the licensee who will directly supervise the trainee in compliance 
with section 14224, subsection 3. 
Trainees who change their place of employment must notify the beaFd, director within 10 
days of the change and must file a new trainee application. 
3. Courses of instruction. A trainee may take courses of instruction in a licensed 
school without having to register as a student as provided in this chapter. Hours or time 
accumulated in a school may be applied to the training program in accordance with rules 
adopted by the board pursuant to this chapter. 
4. Renewal; display; examination. The bear4 director shall furnish a trainee 
license to each trainee. A trainee license is renewable upon payment of the fee as set 
under section 14238. The license must be displayed as provided for licenses in section 
14224. The term "trainee" must appear in conspicuous print on the license. To be licensed 
as a cosmetologist, barber, aesthetician or manicurist, a trainee, upon completion of the 
required training in accordance with this chapter, must pass an approved examination 
approved by the board. 
Sec. B-31. 32 MRSA §14233, as amended by PL 2007, c. 402, Pt. HR, §20, is 
further amended to read: 
§14233. Licensed students 
Schools licensed by the bear4 director shall license students in accordance with rules 
adopted by the bear4 director and upon payment of the fee as set under section 14238. 
To be eligible for licensure, the student must be at least 16 years of age and have 
satisfactorily completed the 10th grade or its equivalent. 
Evidence of the student's 
eligibility and enrollment in the school must be provided on a form provided by the bear4 
director. 
All training or services rendered to a member of the public by a student must be 
under the direct supervision of a duly licensed instructor in a licensed school or as 
otherwise proved by rule. 
Sec. B-32. 32 MRSA §14234, as amended by PL 2007, c. 402, Pt. HR, §21, is 
further amended to read: 
§14234. Demonstrators 
A person may not perform demonstrations unless licensed by the bear4 director and 
upon payment of the fee as set under section 14238. The bear4 director shall adopt rules 
that describe the articles, machines or techniques that may be demonstrated outside the 
licensed establishment. All demonstrations must be performed in a safe and sanitary 
manner for the protection of the public. Licenses must be renewed biennially or at such 
other times as the commissioner may designate. A license is not required for persons 
who perform demonstrations in a licensed establishment or solely to licensed persons. 
Sec. B-33. 32 MRSA §14235, as amended by PL 2007, c. 402, Pt. HR, §22, is 
further amended to read: 
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COMMITIEE AMENDMENT ,A" to H.P. 873, L.D. 1254 
§14235. Licenses; renewal 
Licensees must renew their licenses on or before July 1st biennially by filing an 
application and paying the renewal fee as set under section 14238. The expiration dates 
for licenses issued under this chapter may be established by the commissioner. 
A license may be renewed up to 90 days after the date of its expiration upon payment 
of a late fee as set under section 14238 in addition to the renewal fee. Any person who 
submits an application for renewal more than 90 days after the license expiration date is 
subject to all requirements governing new applicants under this chapter, including a late 
fee, renewal fee and additional late fee as set under section 14238, except that the beard 
director, after giving due consideration to the protection of the public, may waive 
requirements. 
Notwithstanding any other provision of this chapter, the beard director must waive 
examination if a renewal application is made by a person within 90 days after separation 
from the United States Armed Forces, under conditions other than dishonorable, if that 
person failed to renew a license because of active duty in the armed forces. The waiver 
of examination may not be granted if the person served more than 4 years in the armed 
forces, unless the board is presented v.'ith satisfactory evidence is presented to 
demonstrate that the applicant was required by law to serve that period. 
Sec. B-34. 32 MRSA §14235-A is enacted to read: 
§14235-A. Licenses; initial 
An applicant for initial licensure must submit an application together with the fee set 
under section 14238 and meet the requirements set forth under this chapter. 
Sec. B~35. 32 MRSA §14236-A, as enacted by PL 2007, c. 402, Pt. 00, §24, is 
amended to read: 
§14236-A. Denial or refusal to renew license; disciplinary action 
1. Disciplinary action. In addition to the grounds enumerated in Title 10, section 
8003, subsection 5-A, paragraph A, the beard director may deny a license, refuse to 
renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, 
subsection 5-A for: 
A. Addiction, as confirmed by professional diagnosis, to the use of alcohol or othf~i'~~;i:'-~;;i:;;::' 
drugs that has resulted or may result in the licensee's being unable to perform duties 
or being unable to perform those duties in a manner that would not endanger the 
health or safety of the public to be served; 
B. A professional diagnosis of mental incompetence; 
C. Engaging in false, misleading or deceptive advertising; 
D. Employing a person to practice cosmetology, barbering, manicuring or aesthetics 
who does not hold a valid license, unless that person is a trainee within the meaning 
of this chapter; or 
E. Any negligence or misconduct in any of the practices licensed under this chapter. 
COMMITTEE AMENDMENT 
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2. Reinstatement. The board may reissue a license to any person v/hose license has 
been relJoked if 5 or more members of the board vote in falJor of that reissuance. 
Sec. B-36. 32 MRSA §14245, sub-§l, as amended by PL 2007, c. 402, Pt. HH, 
§27, is further amended to read: 
1. Requirement of license. Any person, partnership, association or corporation 
located either within or outside the State must obtain a license as specified under section 
14246 from the board before: 
A. Operating, maintaining or instructing at a school within the State; or 
B. Collecting any tuition, fee or other charge for education, instruction or other 
services provided or to be provided by a school. 
Sec. B-37. 32 MRSA §14246, sllIb-§l, as amended by PL 2007, c. 402, Pt. HH, 
§28, is further amended to read: 
1. Application requirements; licensing; bonding and revocation of license. The 
application for a license required by this subchapter must be accompanied by an 
application fee as set under section 14238 and a surety bond. 
For applicants that 
participate in state or federal financial aid programs, except the Federal Direct Student 
Loan Program under the federal Higher Education Act of 1965, 20 United States Code, 
Section 1087a et seq., the bond must be in favor of the Finance Authority of Maine. For 
all other applicants, the bond must be in favor of the Ward director. The amount of the 
bond for a new applicant is $20,000. For renewal applicants, the amount of the bond 
must be equal to the greater of 10% of the applicant's gross receipts from tuition in the 12 
months prior to the application for renewal or $20,000. 
A. A license is valid for a period of 12 months from the date of issuance or as 
otherwise determined by the commissioner. 
B. The bond must be continuous and must provide indemnification to any student 
suffering loss as a result of any fraud, misrepresentation, violation of this subchapter 
or rules adopted under this subchapter or breach of contract. The bond must provide 
for written notification by the surety to the Ward director in the event of cancellation. 
Cancellation of the bond by the surety, or payment under the bond by the surety to 
the Ward director or the Finance Authority of Maine, results in the revocation of the 
license. The bond must also specifically provide that proceeds are available to pay 
tuition refunds to students or to student loan lenders on behalf of students eligible for 
those refunds pursuant to the policies of the school or state or federal law, rule or 
regulation. 
C. If one or more students notifY the Ward director or the Finance Authority of 
Maine of a claim the student has against the school for fraud, misrepresentation, 
breach of contract or refund due, or that the school has violated the provisions of this 
subchapter or applicable rules, or if any such event is discovered by the Ward 
director or the Finance Authority of Maine from other sources and the holder of the 
bond has reason to believe the claim is valid, the holder may make a claim against the 
bond on behalf of the student or students affected, or on behalf of the Ward director. 
The Ward director and the Finance Authority of Maine have the concurrent right at 
any time to review the school's operations and all its records to determine if the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT~" to H.P. 873, L.D. 1254 
school is in compliance with this subchapter and rules adopted under this subchapter, 
or to determine if any claim of a student against the school is valid. 
Sec. B-38. 32 MRSA §14246, sub-§2, as amended by PL 2007, c. 402, Pt. Ill-I, 
§29, is further amended to read: 
2. License fee; renewal fee; renewal requirements. A fee as set under section 
14238 is charged for the initial license and for the annual renewal of a license. Each 
submission for a license renewal must include the school's most recent financial audit 
conducted by a certified public accountant unaffiliated with the school. When a school 
does not participate in federal or state financial aid programs, internally prepared 
financial statements signed by the applicant are acceptable. Every renewal application 
must include a bond in the required amount. The beaFd director shall provide copies of 
the audit or financial statements and, in cases in which the bond is not in favor of the 
beaFd director, the original bond to the Finance Authority of Maine and may provide 
financial information regarding the school to other state agencies with an interest in the 
operation of the school. When a school applies for renewal of a license the school must 
certify that: 
A. The school has included information in all school brochures and handbooks 
provided to students, and has posted information in a location in the school 
frequented by students advising students of their rights to receive refunds and where 
to direct any complaints the students have concerning their education; and 
B. The school is in compliance with all applicable federal and state laws and 
regulations. 
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Sec. B-39. 32 MRSA §14247, as amended by PL 2007, c. 402, Pt. Ill-I, §30, is 
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Sec. B-40. 32 MRSA §14248, as enacted by PL 1997, c. 266, §18, is amended to 
read: 
§14248. On-site evaluations 
The beaFd director shall conduct biennial on-site evaluations of schools to ensure 
compliance with this subchapter and applicable rules. 
The expense of the on-site 
evaluation must be borne by the school examined. This e)(pense includes only the 
reasonable, necessary and proper hotel and travel expenses of the board member 
evaluators and staff and board member per diem. A school evaluated pursuant to this 
section must promptly pa)' to the board the expenses of the evaluation upon presentation 
of a reasonably detailed written statement of the expenses. 
Sec. B-41. 32 MRSA §14249, as amended by PL 2007, c. 402, Pt. Ill-I, §31, is 
further amended to read: 
§14249. Complaints 
The beaFd director may investigate complaints involving a school including any 
allegation of noncompliance with or violation of this subchapter and applicable rules. 
The beaFd director shall promptly notify the Finance Authority of Maine of any 
complaints involving student financial assistance. After a hearing in conformance with 
COMMITTEE AMENDMENT 
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Title 5, chapter 375, subchapter 4, the beaffi director may amend or modify any license 
and may suspend or refuse to renew a license as provided in Title 5, section 10004. 
l',.. board member may not participate in any on site evaluation, complaint, hearing or 
license related action that involves a school with v/hich the board member has or has had 
. 5 
a direct relationship as a student, instructor, administrator or director or in 'Nhich the 
board member has a direct pecuniary interest. 
Sec. B-42. 32 MRSA §14250, as repealed and replaced by PL 2007, c. 402, Pt. 
HR, §32, is amended to read: 
§14250. Denial or refusal to renew school license; disciplinary action 
The b-eard director may deny a school license, refuse to renew a school license or 
impose the disciplinary sanctions authorized by Title 10, section 8003, subsecton 
subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 
5-A, paragraph A. 
Sec. B-43. 
Transition provisions. The following provisions govern the 
elimination of the Board of Barbering and Cosmetology and the transfer of its authority to 
enforce this Act to the Department of Professional and Financial Regulation. 
1. Successor. The Director of the Office of Licensing and Registration within the 
Department of Professional and Financial Regulation is the successor in every way to the 
powers, duties and functions of the Board of Barbe ring and Cosmetology. 
2. Rules. 
The rules adopted the Board of Barbering and Cosmetology remain in 
effect until the director adopts rules pursuant to this Act. 
3. Licenses. All licenses issued by the Board of Barbering and Cosmetology remain 
valid and are subject to license renewal requirements. 
4. 
Board membership. 
Terms of members of the Board of Barbering and 
Cosmetology expire on the effective date ofthis Act. 
Sec. B-44. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 32, chapter 126, subchapter 2 in the subchapter 
headnote, the words "board of barbering and cosmetology" are amended to read 
"director's powers and duties" and the Revisor of Statutes shall implement this revision 
when updating, publishing or republishing the statutes. 
Sec. B-45. Appropriations and allocations. The following appropriations and 
allocations are made. 
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF 
Licensing and Enforcement 0352 
Initiative: Deallocates funds as a result of the Board of Barbe ring and Cosmetology being 
repealed. 
COMMITTEE AMENDMENT 
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OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
($1,890) 
($5,322) 
($7,212) 
2010-11 
($1,890) 
($5,322) 
($7,212) 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes a number of boards and commissions from the list to be 
repealed in the bill. Those boards and commissions are: 
1. Citizens' Code of Conduct Working Group; 
2. Maine HIV Advisory Committee; 
3. Publicly Supported Private Secondary School Advisory Council; 
4. Tobacco Prevention and Control Advisory Council; 
5. Oil Spill Advisory Committee; 
6. River Flow Advisory Commission; 
7. Advisory Board of the Maine Learning Technology Fund; 
8. Education Commission of the States; 
9. Maine Agricultural Bargaining Board; 
10. Maine Biomedical Research Board; 
11. Maine-Canadian Legislative Advisory Commission; 
12. New England and Eastern Canada Legislative Commission; 
13. State Compensation Commission; and 
14. State House and Capitol Park Commission. 
The amendment changes the date that the Secretary of State submits the suggested 
legislation to repeal inactive boards and commissions to January 30th from January 15th. 
It also prohibits the Secretary of State from including in that legislation the State 
Compensation Commission, Maine-Canadian Legislative Advisory Commission, New 
England and Eastern Canada Legislative Commission, State House and Capitol Park 
Commission and Maine Agricultural Bargaining Board and from requiring annual reports 
when inactive. These boards and commissions are only active periodically for specific 
purposes. The section in the bill repealing the Technology Center Coordinating Board is 
deleted as the board was eliminated by Public Law 2009, chapter 90, section 1. 
The amendment also inserts a new Part B, which establishes the barbering and 
cosmetology licensing program as a regulatory function within the Department of 
Professional and Financial Regulation, Office of Licensing and Registration because the 
Board of Barbering and Cosmetology is repealed in the bill. It places responsibility for, 
COMMITTEE AMENDMENT 
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and authority over, the licensing and enforcement program of the Board of Barbering and 
Cosmetology under the oversight and management of the Director of the Office of 
Licensing and Registration. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/15/09 ;:b;?ac:.. 
LD 1254 
LR 1953(02) 
An Act To Repeal Inactive Boards and Commissions 
Fiscal Note for BiH as Amended by Committee Amendment ,IJ" 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
2009-10 
2010-11 
2011-12 
Appropriations/Allocations 
Other Special Revenue Funds 
($7,212) 
($7,212) 
($7,212) 
Fiscal Detail and Notes 
Projections 
2012-13 
($7,212) 
This bill includes Other Special Revenue Funds deallocations of $7,212 per year beginning in fiscal year 2009-10 to 
the Licensing and Regulation program within the Department of Professional and Financial Regulation as a result of 
the structure, powers and duties of the Board of Barbering and Cosmetology being repealed and instead becoming a 
regulatory function within the Office of Licensing and Registration. 
LR1953(02) - Fiscal Note - Page 1 of 1 
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