24 DE Code § 5107. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 51. Cosmetology and Barbering and Licensure of Aestheticians|Subchapter I. Board of Cosmetology and Barbering|§ 5107. Qualifications of applicant; judicial review; report to Attorney General.

§ 5107. Qualifications of applicant; judicial review; report to Attorney General. (a) All persons applying for a license to practice under this chapter:  (1) Shall have successfully completed an education equivalent to a tenth grade education. Instructors shall have successfully completed an education equivalent to completion of a twelfth grade education. Proof of the required education shall be a certified high school transcript or any other document or affidavit which constitutes reliable proof of educational attainment as determined by the Board. (2) Shall have passed a written and practical examination to the satisfaction of the Board as set forth in board rules and regulations. (3) Shall have paid the appropriate fee as established by the Division of Professional Regulation. In addition, except as otherwise provided for in this chapter, no individual shall be permitted to sit for an examination or shall be granted a license to practice in any of the professions regulated by this chapter, unless the individual meets the following education requirements, or has successfully completed an apprenticeship. The requirements are for:  a. Cosmetologists. — The successful completion of a minimum of 1,500 classroom hours of continuous training for a complete course in cosmetology. School owners shall have the option of the amount of hours of training per day and shall be able to choose which days of the week the student works provided the hours accumulated do not exceed 40 hours per week, excluding make-up hours. The Board shall establish by regulation the portion of the 1,500 classroom hours that may be credited to an applicant who previously obtained classroom hours while studying to become an aesthetician, nail technician or electrologist. A cosmetologist may obtain a shaving certification in connection with the cosmetologist's license upon successful completion of a course in shaving consisting of at least 35 hours of instruction from a licensed barbering instructor. b. Apprentice cosmetologists. — The completion of 3,000 hours in an apprenticeship to a licensed cosmetologist with the total number of hours worked not to exceed 40 hours per week. The Board shall establish by regulation the portion of the 3,000 apprenticeship hours that may be credited to an applicant who previously obtained apprenticeship hours while studying to become an aesthetician, nail technician or electrologist. c. Transfer of apprentice hours to a cosmetology program. — An apprentice cosmetologist may transfer up to 1,800 apprentice hours at a rate of 2 apprentice hours to 1 transfer hour to a cosmetology program totaling 1,500 hours. A minimum of 600 hours of course work must be completed at school. The Board must provide documentation of the apprentice hours to the school prior to transfer. d. Master barbers. — For a licensed barber, the successful completion of an additional 600 hour apprenticeship for chemicals, as set forth in the Board's rules and regulations, and the passing of the master barber's examination. For all other applicants, the successful completion of a minimum of 1,500 classroom hours of continuous training for a complete course in master barbering and the passing of the master barber's examination, or the completion of 3,000 hours in a master barber apprenticeship, as set forth in the Board's rules and regulations, and the passing of the master barber's examination. School owners shall have the option of the amount of hours of training per day and shall be able to choose which days of the week the student works provided the hours accumulated do not exceed 40 hours per week, excluding make-up hours. Any barber who was issued a barber's license by the Division prior to April 28, 2008, shall be deemed a master barber. A master barber may obtain a skin and nails certification in connection with a master barber's license upon completion of at least 250 hours of instruction in a licensed cosmetology school or a 500 hour apprenticeship in skin and nails in accordance with the Board's rules and regulations. e. Barbers. — The successful completion of a minimum of 1,250 classroom hours of continuous training for a complete course in barbering, or the completion of 3,000 hours in an apprenticeship to a licensed barber with the total number of hours worked not to exceed 40 hours per week. f. Transfer of apprentice hours to a barbering program. — An apprentice barber may transfer up to 1,800 apprentice hours at a rate of 2 apprentice hours to 1 transfer hour to a barbering program totaling 1,500 hours. A minimum of 600 hours of course work must be completed at school. The Board must provide documentation of the apprentice hours to the school prior to transfer. g. Nail technicians. — The successful completion of a course of training in nail technology of not less than 300 hours in a school of nail technology or cosmetology; or successful completion of 600 hours as an apprentice under the supervision of a licensed nail technician. In either case, training is not to exceed 40 hours per week, excluding make-up hours. h. Electrologists. — The successful completion of a course of training in electrology of not less than 300 hours in a school of electrology or cosmetology, or successful completion of 600 hours as an apprentice under the supervision of a licensed electrologist. In either case, training is not to exceed 40 hours per week, excluding make-up hours. i. [Repealed.] j. Cosmetology and barbering instructors. — For cosmetology and barbering, an instructor must have a license in the respective field of cosmetology or barbering and the successful completion of a teacher training course, consisting of at least 500 hours of instruction in a registered school of cosmetology or barbering, or at least 2 years' experience as an active licensed, practicing cosmetologist or barber, supplemented by at least 250 hours of instruction in a teacher training course. In addition, the applicant shall have successfully passed an instructor examination designated by the Board in its rules and regulations. A person licensed as a cosmetology instructor may also provide instruction in nail technology and aesthetics. A person licensed as a cosmetology instructor may obtain a certification to instruct barbering upon successful completion of a course in shaving consisting of at least 35 hours of instruction from a licensed barbering instructor. k. Electrology instructor. — An instructor must have a license in electrology and the successful completion of a teacher training course, consisting of at least 500 hours of instruction in a registered school of electrology or cosmetology; or at least 2 years' experience as an active licensed, practicing electrologist, supplemented by at least 250 hours' instruction in a teacher training course. In addition, the applicant shall have successfully passed an examination designated by the Board in its rules and regulations. l. Nail technician instructor. — An instructor must have a license in nail technology and the successful completion of a teacher training course, consisting of at least 500 hours of instruction in a registered school of cosmetology or nail technology; or at least 2 years' experience as an active licensed, practicing nail technician, supplemented by at least 250 hours of instruction in a teacher training course. Proof of education or experience shall be provided to the satisfaction of the Board. In addition, the applicant shall have successfully passed an examination designated by the Board in its rules and regulations. (4) Shall not have been the recipient of any administrative penalties regarding that person's licensed practice, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or have not entered into any agreements which contain conditions placed by a board on that person's professional conduct and practice, including any voluntary surrender of a license. The Board may, after a hearing, determine whether such administrative penalty is grounds to deny licensure; (5) Shall not have any impairment related to drugs or alcohol that would limit the applicant's ability to undertake that applicant's licensed practice in a manner consistent with the safety of the public; (6) Shall not have been convicted of a crime substantially related to the practice of cosmetology, barbering, electrology or nail technology, unless the applicant was previously so licensed or was enrolled in a training program to be so licensed while an offender under the supervision of the Department of Correction prior to July 10, 2001. In determining whether a crime is substantially related to the professions regulated by this chapter, the Board shall not consider a conviction where more than 10 years have elapsed since the date of conviction, if there have been no other criminal convictions in the intervening time. After a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, or, during the time period between Board meetings, the Board President or his or her designee, may waive this paragraph (a)(6), if it finds all of the following:  a. For waiver of a felony conviction where the crime was committed against a person, more than 3 years have elapsed since the date of the conviction and for all other felonies, more than 2 years have elapsed since the date of conviction. At the time of the application the applicant may not be incarcerated, on work release, on probationor parole at Level III Supervision or higher, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service. b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation or parole at Level III Supervision or higher, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service. c. The applicant is capable of practicing cosmetology, barbering, electrology or nail technology in a competent and professional manner. d. The granting of the waiver will not endanger the public health, safety or welfare. (7) Shall not have a pending criminal charge relating to an offense the circumstances of which substantially relate to the practice of cosmetology, barbering, electrology or nail technology. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the applicant can carry out that applicant's own professional services with due regard for the health and safety of the recipients of those services and the public. (8) Shall not have any disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been, or currently is, licensed to practice cosmetology, barbering, electrology or nail technology. (b) As set forth in board rules and regulations, foreign-trained applicants shall provide evidence satisfactory to the Board of training equivalent to that required in paragraph (a)(3) of this section, in addition to meeting all other requirements of this section. (c) When a person who feels the Board has refused or rejected an application without justification; has imposed higher or different conditions for the person than for other applicants or persons now licensed; or has in some other manner contributed to or caused the failure of such person's application, the applicant may appeal to Superior Court. (d) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action. 64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 158, §§  11-13;  74 Del. Laws, c. 150, §§  1, 2;  75 Del. Laws, c. 169, §  3;  75 Del. Laws, c. 436, §  49;  77 Del. Laws, c. 65, §  1;  77 Del. Laws, c. 199, §  37;  78 Del. Laws, c. 44, §§  72, 73;  79 Del. Laws, c. 170, §  1;  79 Del. Laws, c. 418, §  1;  81 Del. Laws, c. 214, § 1;  82 Del. Laws, c. 77, § 2;  83 Del. Laws, c. 76, § 3;