reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 950.10 - Transfer of Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				student changing from one program of instruction to another shall receive
				credit for prior hours of technical and practical instruction earned in another
				program ("instruction hours") on an hour-for-hour basis if the following
				requirements are met:
(1) The prior
				instruction hours earned by the student are identical, which means instruction
				is of the same duration and covers the same content as that being offered by
				the new program; and
(2) Credit for
				the instruction hours of the prior program is granted in accordance with the
				requirements of this section.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 950.11 - Passing Grades in Examinations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				  without regulatory effect renumbering former section
				  961 to section
				  950.11 filed 10-4-93 pursuant to
				  title 1, section
				  100, California Code of
				  Regulations (Register 93, No. 41).
2. Repealer filed 10-24-94;
				  operative 11-23-94 (Register 94, No. 43).
Note: Authority cited: Sections
					 7310
					 and
					 7372.1,
					 Business and Professions Code. Reference: Sections
					 7371
					 and
					 7372,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 950.12 - Work upon Paying Patrons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A student enrolled in a school shall not
				be permitted to work upon a patron paying for services until he or she has
				completed the freshman period of training and instruction. The freshman period
				shall be 10 percent of the total training hours specified for each
				course.
(b) A student enrolled in a
				school shall not be permitted to work upon a patron paying for a service until
				the student has completed technical instruction and practical training in the
				service for which a patron is paying.
(c) For the purpose of this section,
				technical instruction shall mean instruction by demonstration, lecture,
				classroom participation, or examination; practical training shall mean the
				actual performance by the student of a complete service on another person or on
				a mannequin.
1. Repealer
				  and new section filed 10-18-94; operative 11-17-94 (Register 94, No. 42). For
				  prior history, see Register 93, No. 41.
Note: Authority cited: Sections
					 7312
					 and
					 7362,
					 Business and Professions Code. Reference: Sections
					 7362(b),
					 7362.5,
					 7364,
					 7365,
					 and
					 7366,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 951 - Instructor Qualifications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-20-87; operative 11-19-87 (Register 87, No. 43).
2.
				  Repealer filed 10-24-94; operative 11-23-94 (Register 94, No.
				  43).
Note: Authority cited: Section
					 7310,
					 Business and Professions Code. Reference: Sections
					 7332.5
					 and
					 7436,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 952 - Authority to Audit Records and Rescind Provider Status. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-20-87; operative 11-19-87 (Register 87, No. 43).
2.
				  Repealer filed 10-24-94; operative 11-23-94 (Register 94, No.
				  43).
Note: Authority cited: Section
					 7310,
					 Business and Professions Code. Reference: Sections
					 7332.5
					 and
					 7436,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 959 - Failure to Appear for Examination-Good Cause Defined. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 6-4-69; effective thirtieth day thereafter (Register 69, No. 23). For
				  prior history, see Register 62, No. 25.
2. Amendment of subsection
				  (a) filed 3-29-72; effective thirtieth day thereafter (Register 72, No.
				  14).
3. Amendment filed 4-2-75 as an emergency; effective upon
				  filing (Register 75, No. 14).
4. Certificate of Compliance filed
				  5-22-75 (Register 75, No. 21).
5. Amendment filed 2-11-86; effective
				  thirtieth day thereafter (Register 86, No. 7).
6. Repealer of
				  article 6 and section filed 10-24-94; operative 11-23-94 (Register 94, No.
				  43).
Note: Authority cited: Sections
					 7310
					 and
					 7376.5,
					 Business and Professions Code. Reference: Section
					 7376.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 959.1 - Experience Requirements for Cosmetology Instructors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 2-16-71; effective thirtieth day thereafter (Register 71, No. 8). For
				  prior history, see Register 61, No. 2.
2. Amendment of subsection
				  (a) filed 3-29-72; effective thirtieth day thereafter (Register 72, No.
				  14).
3. Amendment filed 4-10-80; effective thirtieth day thereafter
				  (Register 80, No. 15).
4. Repealer filed 10-24-94; operative
				  11-23-94 (Register 94, No. 43).
Note: Authority cited: Section
					 7310,
					 Business and Professions Code. Reference: Section
					 7346,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 959.2 - Experience Requirements for Electrology Instructors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-16-71; effective thirtieth day thereafter (Register 71, No.
				  8).
2. Repealer filed 10-24-94; operative 11-23-94 (Register 94, No.
				  43).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 960 - Practical Examinations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-23-61; effective thirtieth day thereafter (Register 61, No.
				  2).
2. Amendment filed 12-14-62; effective thirtieth day thereafter
				  (Register 62, No. 25).
3. Amendment of subsection (b) filed 2-16-71;
				  effective thirtieth day thereafter (Register 71, No. 8).
4.
				  Amendment filed 2-11-86; effective thirtieth day thereafter (Register 86, No.
				  7).
5. Repealer filed 10-24-94; operative 11-23-94 (Register 94, No.
				  43).
Note: Authority cited: Sections
					 7310
					 and
					 7372.1,
					 Business and Professions Code. Reference: Section
					 7372.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 960.5 - Use of Interpreter and Interpreter/Model. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-11-86; effective thirtieth day thereafter (Register 86, No.
				  7).
2. Repealer filed 10-24-94; operative 11-23-94 (Register 94, No.
				  43).
Note: Authority cited: Section
					 7310,
					 Business and Professions Code. Reference: Sections
					 7371
					 and
					 7372.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 961 - Instructional Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				An approved school shall provide a printed or electronic copy of the following
				to each student within the first week of instruction:
(1) At least one textbook in the course of
				instruction that the student is enrolled in (e.g. cosmetology, barbering,
				electrology, esthetics, manicuring).
(2) A current version of the California
				Barbering and Cosmetology Act (Chapter 10 of Division 3 of the California
				Business and Professions Code, commencing with section
				7301);
(3) A current copy of the Barbering and
				Cosmetology Regulations (Title 16, Division 9 of the California Code of
				Regulations, commencing with section
				904);
(4) A current version of any licensing
				examination translation guide prepared by the licensing exam vendor to assist
				exam candidates in the language in which the student intends to take the
				examination, if the student intends to take the examination in one of the
				non-English languages offered by the board.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 961.1 - Inspection of Examination Papers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  of former section
				  964 to section
				  961.1 filed 2-11-86; effective
				  thirtieth day thereafter (Register 86, No. 7).
2. Repealer filed
				  10-24-94; operative 11-23-94 (Register 94, No.
				  43).
Note: Authority cited: Section
					 7310,
					 Business and Professions Code. Reference: Sections
					 496
					 and
					 7372.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 6 - Schools › Section 961.5 - Examination Failure. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-16-71; effective thirtieth day thereafter (Register 71, No.
				  8).
2. Amendment of section and NOTE filed 4-8-77; effective
				  thirtieth day thereafter (Register 77, No. 15).
3. Repealer filed
				  7-10-84; effective thirtieth day thereafter (Register 84, No.
				  28).
Note: Authority cited: Section
					 7310,
					 Business and Professions Code. Reference: Sections
					 7371
					 and
					 7372.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 962 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				Section 7395.1 as specified in subdivision
				(c)(3) of the Business and Professions Code, the term "good standing" means the
				following:
(1) The licensee maintains a valid,
				current barber, cosmetology, esthetician, or manicurist license issued by the
				Board of Barbering and Cosmetology.
(2) There is no current or pending discipline
				against the license pursuant to Article 11 of the Barbering and Cosmetology
				Act.
(3) The licensee has no unpaid
				fine issued pursuant to Article 12 of the Barbering and Cosmetology
				Act.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 962.1 - Notification of Participation in the Cosmetology Externship Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is the
				responsibility of each participating school to ensure that the establishments
				and licensees participating in the cosmetology externship program remain in
				good standing as defined in Section
				962. Any change in "good standing"
				status of a participating establishment or licensee will require the
				establishment or licensee to withdraw from the program.
(b) Board notification by schools and
				establishments participating in the Cosmetology Externship Program shall be
				submitted to the board in writing. Notification of participation shall be
				updated annually to allow for continued participation in the program. The
				notification shall be prepared by the school and shall include the following
				information:
(1) The school's name, address,
				telephone number, and school code issued by the board.
(2) The establishment's name, address,
				telephone number, and license number issued by the Board.
(3) The establishment owner's name.
(4) A statement, dated and signed under
				penalty of perjury by the school, and the establishment that all information on
				the document is true and correct and that the school and establishment have
				complied with all requirements of this Article and Section
				7395.1
				of the Business and Professions Code. The statement shall be worded as follows:
				"We the undersigned, certify under penalty of perjury under the laws of the
				State of California, that all the information contained herein is true and
				correct. We have complied with all requirements of Article 8.5 of Division 9 of
				Title 16 of the California Code of Regulations and Section
				7395.1
				of the Business and Professions Code".
(5) The document must include the name and
				title of the individual signing for the school clearly printed or
				typed.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 962.2 - Laminated School Identification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) While working in an approved
				establishment, all students participating in the externship program shall have
				in their possession a school laminated photographic identification
				card.
(b) The school laminated
				photographic identification card shall be at least 2 1/2" x 3 1/2" in size and
				contain the following information: the student extern's full name (first,
				middle initial, last); a current, color, full face photograph of the extern at
				least 1 1/2" by 1 1/2" in size; the term "STUDENT EXTERN" in type at least 14
				point; and the name of the school of cosmetology where the student extern is
				enrolled.
1. New section
				  filed 12-19-95; operative 1-18-96 (Register 95, No.
				  51).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7395.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 962.3 - Externship Curriculum for Cosmetology Students. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-19-95; operative 1-18-96 (Register 95, No. 51).
2. Repealer
				  filed 11-16-2011; operative 12-16-2011 (Register 2011, No.
				  46).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7395.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 962.4 - Externship Curriculum for Skin Care Students. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-19-95; operative 1-18-96 (Register 95, No. 51).
2. Repealer
				  filed 11-16-2011; operative 12-16-2011 (Register 2011, No.
				  46).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7395.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 962.5 - Externship Curriculum for Nail Care Students. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-19-95; operative 1-18-96 (Register 95, No. 51).
2. Repealer
				  filed 11-16-2011; operative 12-16-2011 (Register 2011, No.
				  46).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7395.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 962.6 - Externship Curriculum for Cosmetology Crossover Course for Barber Students. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-19-95; operative 1-18-96 (Register 95, No. 51).
2. Repealer
				  filed 11-16-2011; operative 12-16-2011 (Register 2011, No.
				  46).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7395.1,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 963 - Proof of Eligibility for Examination, Out-of-State Applicants. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-25-58; effective thirtieth day thereafter (Register 58, No. 11). For
				  history of former section, see Register 56, No. 18.
2. Amendment
				  filed 1-23-61; effective thirtieth day thereafter (Register 61, No.
				  2).
3. Amendment filed 2-11-86; effective thirtieth day thereafter
				  (Register 86, No. 7).
4. Repealer filed 10-24-94; operative 11-23-94
				  (Register 94, No. 43).
Note: Authority cited: Section
					 7310,
					 Business and Professions Code. Reference: Sections
					 7332,
					 7342,
					 7351,
					 7355
					 and
					 7394,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 963.6 - Preapplication for Examination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-29-92; operative 6-29-92 (Register 92, No. 22).
2. Repealer
				  filed 10-24-94; operative 11-23-94 (Register 94, No.
				  43).
Note: Authority cited: Sections
					 7310
					 and
					 7377,
					 Business and Professions Code. Reference: Section
					 7377,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 8.5 - Externship › Section 964 - Inspection of Examination Papers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-16-53; effective thirtieth day thereafter (Register 53, No.
				  23).
2. Amendment filed 9-26-56; effective thirtieth day thereafter
				  (Register 56, No. 18).
3. Amendment filed 12-14-59; effective
				  thirtieth day thereafter (Register 59, No. 21).
4. Amendment filed
				  6-4-69; effective thirtieth day thereafter (Register 69, No. 23).
5.
				  Renumbering of Section
				  964 to Section
				  961.1 filed 2-11-86; effective
				  thirtieth day thereafter (Register 86, No. 7).
Note: Authority cited: Section
					 7310,
					 Business and Professions Code. Reference: Sections
					 496
					 and
					 7372.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 9 - Licenses › Section 965 - Display of Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				operators' licenses shall be conspicuously posted at their primary work
				stations.
(b) All establishment
				licenses shall be conspicuously posted in the reception areas.
(c) No license which has expired or become
				invalid for any reason whatever shall be displayed by any person in connection
				with the practices as defined in Section
				7316
				of the Business and Professions Code. Any license so displayed shall be
				surrendered to the board upon its request.
1. Repealer of
				  article 7 and new article 9 and section filed 10-24-94; operative 11-23-94
				  (Register 94, No. 43). For prior history, see Register 59, No.
				  21.
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Sections
					 7316,
					 7317,
					 7332,
					 7342,
					 7397,
					 7414,
					 7415,
					 7417,
					 7418,
					 7419
					 and
					 7420,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 9 - Licenses › Section 965.1 - Persons Exempt from Application of Chapter; Demonstration of Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of Section
				  7319(e)
				  of the Business and Professions Code concerning persons exempt from the
				  Barbering and Cosmetology Act, the term "demonstrating" means to perform a
				  one-time service on a consumer, without compensation, to show how that product
				  is used or to prove its value or effectiveness, with the intent that the
				  consumer may later purchase and apply the product him- or herself, without the
				  help of a licensee or product instructor, and the purchase price of the product
				  charged to the consumer is no more than its average retail
				  price.
1. New section
				  filed 10-5-2016; operative 1-1-2017 (Register 2016, No.
				  41).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Sections
					 7316
					 and
					 7319,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 9 - Licenses › Section 965.2 - Personal Service Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Board shall issue a personal service permit (PSP) authorizing the holder of the
				permit to perform certain barbering and cosmetology services outside of a
				licensed establishment if the following conditions are met:
(1) The applicant is licensed by the Board
				and has held a valid license for a minimum of two consecutive years, or has
				been licensed in another state and is eligible for licensure pursuant to
				section
				7331
				of the Business and Professions Code, as a barber, cosmetologist, esthetician,
				or manicurist, and is not subject to denial pursuant to Business and
				Professions Code section
				480.
(2) The applicant submits via Live Scan a
				full and complete set of his or her fingerprints for use in conducting a
				criminal background check through the California Department of Justice.
				Applicants may be denied a PSP on any applicable ground(s) set forth in
				Business and Professions Code section
				475.
(3) The applicant pays an application fee to
				the Board as provided in Section
				998 of these
				regulations.
(4) The applicant
				provides proof of current liability insurance in a minimum amount of
				$1,000,000.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 9 - Licenses › Section 966 - Inactive Barber and Cosmetology Instructor License Status. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  and new article 9 and section filed 10-24-94; operative 11-23-94 (Register 94,
				  No. 43). For prior history, see Register 87, No. 33.
2. Change
				  without regulatory effect repealing section filed 3-19-2007 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2007, No. 12).
Note: Authority cited: Sections
					 7312,
					 Business and Professions Code. Reference: Sections
					 7392,
					 7393
					 and
					 7394,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 9 - Licenses › Section 967 - Consumer Information. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 3-28-80; effective thirtieth day thereafter (Register 80, No.
				  13).
2. Amendment filed 7-10-84; effective thirtieth day thereafter
				  (Register 84, No. 28).
3. Repealer filed 10-24-94; operative
				  11-23-94 (Register 94, No. 43).
Note: Authority cited: Sections
					 7310
					 and
					 7311,
					 Business and Professions Code. Reference: Section
					 7411,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 9 - Licenses › Section 968 - Physical Facilities of Schools and Establishments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  of subsection (b)(2) filed 10-8-70; effective thirtieth day thereafter
				  (Register 70, No. 41). For prior history see Register 69, No. 33.
2.
				  Amendment of subsection (d), new subsection (e) and relettering of subsections
				  (e), (f) and (g) to (f), (g) and (h) filed 2-16-71; effective thirtieth day
				  thereafter (Register 71, No. 8).
3. Amendment of subsection (b)
				  filed 3-29-72; effective thirtieth day thereafter (Register 72, No.
				  14).
4. Amendment filed 3-28-80; effective thirtieth day thereafter
				  (Register 80, No. 13).
5. Amendment filed 7-10-84; effective
				  thirtieth day thereafter (Register 84, No. 28).
6. Amendment of
				  subsections (b)-(f) filed 2-11-86; effective thirtieth day thereafter (Register
				  86, No. 7).
7. Repealer filed 10-24-94; operative 11-23-94 (Register
				  94, No. 43).
Note: Authority cited: Sections
					 7310
					 and
					 7311,
					 Business and Professions Code. Reference: Sections
					 7311,
					 7380,
					 7384.5,
					 7384.6,
					 7392
					 and
					 7395,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 969 - Delegation of Certain Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The power and discretion conferred by law upon the board to
				  receive and file accusations; issue notices of hearing, statements to
				  respondent and statements of issues; receive and file notices of defense;
				  determine the time and place of hearings under Section
				  11508 of
				  the Government Code; issue subpoenas and subpoenas duces tecum; set and
				  calendar cases for hearing and perform other functions necessary to the
				  business-like dispatch of the business of the board in connection with
				  proceedings under the provisions of Sections
				  11500
				  through
				  11528 of
				  the Government Code, prior to the hearing of such proceedings; and the
				  certification and delivery or mailing of copies of decisions under Section
				  11518 of said code are hereby
				  delegated to and conferred upon the executive officer, or, in the executive
				  officer's absence from the office of the board, the acting executive
				  officer.
1. New article
				  10 and section filed 10-24-94; operative 11-23-94 (Register 94, No. 43). For
				  prior history, see Register 84, No. 28.
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Sections
					 7310
					 and
					 7403,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 970 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purpose of denial, suspension, or
				revocation of a license issued under the Barbering and Cosmetology Act (Chapter
				10 (commencing with Section
				7301) of Division 3 of the
				Business and Professions Code), pursuant to Section
				141,
				7362,
				7403,
				7404,
				7405, or Division 1.5 (commencing
				with Section
				475) of the Business and
				Professions Code or a section of the Barbering and Cosmetology Act citing
				Section
				480
				of the Business and Professions Code as providing grounds for denial of
				licensure, a crime, professional misconduct, or act shall be considered
				substantially related to the qualifications, functions, and duties of the
				practice or profession in which the applicant seeks licensure or in which the
				licensee is licensed if to a substantial degree it evidences present or
				potential unfitness of the applicant or licensee to perform the functions
				authorized by the license in a manner consistent with the public health, safety
				or welfare.
(b) In making the
				substantial relationship determination required under subdivision (a) for a
				crime, the board shall consider the following criteria:
(1) The nature and gravity of the
				offense.
(2) The number of years
				elapsed since the date of the offense.
(3) The nature and duties of the practice or
				profession in which the applicant seeks licensure or in which the licensee is
				licensed.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 971 - Criteria for Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Denial of a license.
(1) When considering the denial of a license
				pursuant to section
				480,
				7362,
				7403,
				or
				7405
				of the Business and Professions Code or a section of the Barbering and
				Cosmetology Act (Chapter 10 (commencing with Section
				7301) of Division 3 of the
				Business and Professions Code) citing Section
				480
				of the Business and Professions Code as providing grounds for denial of
				licensure on the ground that the applicant has been convicted of a crime, the
				board shall consider whether the applicant made a showing of rehabilitation, if
				the applicant completed the criminal sentence at issue without a violation of
				parole or probation. In making this determination, the board shall consider the
				following criteria:
(A) The nature and
				gravity of the crime(s).
(B) The
				length(s) of the applicable parole or probation period(s).
(C) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(D) The terms or
				conditions of parole or probation and the extent to which they bear on the
				applicant's rehabilitation.
(E) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 972 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
				  Administrative Procedure Act (Government Code Section
				  11400 et
				  seq.), the board shall consider the disciplinary guidelines entitled
				  "Disciplinary Guidelines" (October 2010 Edition) which are hereby incorporated
				  by reference. Deviation from these guidelines, including the standard terms of
				  probation, is appropriate where the board in its sole discretion determines
				  that the facts of the particular case warrant such a deviation--for example:
				  the presence of mitigating factors; the age of the case; evidentiary
				  problems.
1. New section
				  filed 6-26-97; operative 7-1-97 (Register 97, No. 26). This interim regulation
				  is exempt from most of the procedural requirements of the Administrative
				  Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3,
				  Title 2, Government Code) and from review by the Office of Administrative Law
				  pursuant to Government Code sections
				  11400.20
				  and
				  11400.21
				  and will expire on December 31, 1998, unless earlier terminated or replaced by,
				  or readopted as, permanent following the procedures of the Administrative
				  Procedure Act. For prior history, see Register 94, No. 43.
2.
				  Expired by its own terms on 12-31-98 (Register 99, No. 6).
3.
				  Permanent regulation and amendment of "Disciplinary Guidelines" (incorporated
				  by reference) filed 2-3-99; operative 2-3-99 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 99, No. 6).
4. Amendment of "Disciplinary Guidelines"
				  (incorporated by reference) and amendment of section and NOTE filed 10-4-2011;
				  operative 11-3-2011 (Register 2011, No. 40).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Sections
					 7403
					 and
					 7404,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 973 - Grounds for Immediate Suspension

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Business and Professions Code section
				  7403.2,
				  a representative of the board shall make a request to the board's executive
				  officer or his/her designee for an order to immediately suspend temporarily a
				  license and place the license on probation on the grounds that the licensee has
				  any of the following conditions at the licensed establishment or school:
(a) Pedicure foot spas, basins, or tubs that
				are not visibly clean;
(b) Pedicure
				foot spas in which debris has been found upon the removal of screens, jets,
				foot-plates, or impellers;
(c)
				Inadequate cleaning material for the proper disinfection and sanitation of
				manicuring and/or pedicuring equipment found on-site at the
				establishment;
(d) No pedicure
				cleaning logs;
(e) A history of
				repeated health and safety violations pertaining to manicuring or pedicuring
				equipment; or
(f) Manicure and/or
				pedicure implements that are not visibly clean.
1. New section
				  filed 9-17-2007 as an emergency; operative 9-17-2007 (Register 2007, No. 38). A
				  Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency
				  language will be repealed by operation of law on the following day. For prior
				  history, see Register 94, No. 43.
2. Certificate of Compliance as to
				  9-17-2007 order transmitted to OAL 3-4-2008 and filed 4-16-2008 (Register 2008,
				  No. 16).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7403.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 973.1 - Procedures for Issuing Immediate Suspension

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board's executive officer or his/her designee shall
				  render an opinion based upon an inspection conducted by a board representative.
				  The representative shall transmit photographic evidence to the executive
				  officer or his/her designee by means of immediate electronic transmission. Upon
				  receipt of the photographic evidence, the executive officer or his/her designee
				  shall make a determination if action is necessary to protect the public's
				  health and safety. The executive officer or his/her designee shall issue a
				  written notice of immediate suspension.
1. New section
				  filed 9-17-2007 as an emergency; operative 9-17-2007 (Register 2007, No. 38). A
				  Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 9-17-2007 order transmitted
				  to OAL 3-4-2008 and filed 4-16-2008 (Register 2008, No.
				  16).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7403.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 973.2 - Content of Immediate Suspension Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The immediate suspension notice shall contain all of the
				  following:
(a) A statement that
				describes with particularity the nature of the violation, including a reference
				to the specific provision that has been violated;
(b) A statement that the suspension is
				immediately stayed and the license is placed on probation for one
				year;
(c) The effective dates of
				probation; and
(d) A description of
				the appeal process.
1. New section
				  filed 9-17-2007 as an emergency; operative 9-17-2007 (Register 2007, No. 38). A
				  Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 9-17-2007 order transmitted
				  to OAL 3-4-2008 and filed 4-16-2008 (Register 2008, No.
				  16).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7403.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 973.3 - Terms and Conditions of Probation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee that has been subject to immediate suspension and
				  placed on probation pursuant to Business and Professions Code section
				  7403.2
				  and regulation section
				  973, shall comply with the
				  following terms and conditions:
(a) A
				licensee on probation must submit to the board on a monthly basis a report that
				indicates the following, and is signed under penalty of perjury:
(1) A copy of all pedicure cleaning logs;
				and
(2) Proof, if any, of
				completion of board approved remedial training as defined by regulation section
				973.4.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 973.4 - Remedial Training Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Remedial training shall be a course of instruction approved
				  by the board that focuses on the disinfection and sanitation of pedicure and
				  manicure equipment. The remedial training course shall specifically address the
				  board's health and safety laws and regulations.
1. New section
				  filed 9-17-2007 as an emergency; operative 9-17-2007 (Register 2007, No. 38). A
				  Certificate of Compliance must be transmitted to OAL by 3-17-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 9-17-2007 order transmitted
				  to OAL 3-4-2008 and filed 4-16-2008 (Register 2008, No.
				  16).
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7403.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 973.5 - Approval of Remedial Training Course

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order for a remedial training course
				to be approved by the board, a provider shall complete an application for
				course approval that provides the following information to the board:
(1) Description of course contents. The
				course content shall be pertinent to the health and safety laws and regulations
				of the board. The course shall focus on the safety and sanitation of pedicure
				and manicure equipment.
(2) Method
				of instruction of course offered. Teaching methods for each course shall be
				described, e.g. lecture, seminar, audiovisual, etc.
(3) Proof that instructors are qualified to
				teach the specified course content by virtue of their prior education,
				training, and experience. A resume of each instructor shall be forwarded with
				the application for approval.
(4)
				The application for course approval shall state the name of the provider and
				location where instruction will be given.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 10 - Disciplinary Proceedings › Section 973.6 - Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				licensee that has received an immediate suspension and has been placed on
				probation may, within 30 calendar days of the date the suspension notice was
				served, notify the board in writing of his/her request for an informal review
				hearing before the board's disciplinary review committee.
(b) Upon receipt of the timely request, the
				board shall schedule a hearing to be held in either Northern or Southern
				California, whichever is closest to the suspended/probationary licensee.
				Appeals requested under this section shall be heard at the next regularly
				scheduled disciplinary review hearing.
(c) Board staff shall, at least 30 calendar
				days before the date of the hearing, mail written notice to the probationary
				licensee of the date, time, and location of the hearing. To expedite the
				scheduling of a disciplinary review hearing, a licensee that has been placed on
				probation may waive the 30-day notice by agreeing to do so in
				writing.
(d) The probationary
				licensee shall appear at the hearing and may bring legal counsel or an
				authorized representative to the hearing. The probationary licensee may present
				written information and/or oral testimony to the disciplinary review committee.
				The probationary licensee may contest or appeal any of the following aspects of
				the immediate suspension/probationary license:
(1) The occurrence of a violation of the
				Barbering and Cosmetology Act or the regulations adopted by the
				board;
(2) The period of time for
				correction, if any; or
(3) The
				amount of the fine.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 11 - Administrative Fines and Citations › Section 974.1 - Disciplinary Review Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The disciplinary review committee of the
				Board shall be composed of three (3) members of the board.
(b) The board president, in his or her
				discretion, may appoint multiple disciplinary review committees.
(c) The board president shall annually
				appoint members of the disciplinary review committee; the appointment will be
				made concurrently with the annual election of the Board President.
(d) The board president shall select the
				dates and locations of the informal citation review hearings held before the
				disciplinary review committee.
1. New section
				  filed 11-7-95; operative 12-7-95 (Register 95, No.
				  45).
Note: Authority cited: Sections
					 7312
					 and
					 7410,
					 Business and Professions Code. Reference: Section
					 7410,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 11 - Administrative Fines and Citations › Section 974.2 - Appeal to Disciplinary Review Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to requesting a hearing
				provided for in Section
				7411
				of the Business and Professions Code, the cited person may within thirty (30)
				days of the date the notice of violation or citation was issued, notify the
				Board in writing of his or her request for an informal citation review hearing
				before the disciplinary review committee.
(b) Upon receipt of a timely written request,
				the board staff shall schedule the cited person for the next hearing to be held
				in the general vicinity of the cited person's address of record and which is at
				least forty five (45) days after the board's receipt of the request for the
				hearing. The board staff shall, at least thirty (30) days before the date of
				the hearing, mail written notice to the cited person of the date, time, and
				location of the hearing.
(c) The
				cited person shall appear and may bring legal counsel or an authorized
				representative to the hearing and may present written information and/or oral
				testimony to the disciplinary review committee.
(d) The cited person may contest or appeal
				any of the following aspects of the citation or notice of violation:
(1) The occurrence of a violation of the
				Barbering and Cosmetology Act or the regulations adopted by the
				board;
(2) The period of time for
				correction, if any; and/or
(3) The
				amount of the fine.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 11 - Administrative Fines and Citations › Section 974.3 - Installment Payment Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A licensee with any administrative fine exceeding $500 may request a payment
				plan consisting of no more than 12 monthly installments. The licensee must
				request the payment plan in writing. After the licensee requests a payment
				plan, the board will provide to the licensee a schedule of payments indicating
				the due date and amount of the payment.
(b) A licensee's payment plan will be
				cancelled by the board if the licensee fails to follow any of the terms and
				conditions of the payment plan.
(c)
				If a licensee's payment plan is cancelled by the board, the licensee will not
				be allowed to:
(1) Renew any board-issued
				license he or she holds until all outstanding fines are paid in full;
(2) Request a payment plan for any subsequent
				administrative fine.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 11 - Administrative Fines and Citations › Section 975 - Good Cause for Failure to Appear for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board defines "good cause" for the purpose of Business
				  and Professions Code Section
				  7413
				  as follows: Personal illness, auto accident, death or severe illness in the
				  immediate family or other severe physical or emotional hardship. Any condition
				  to be considered good cause by the board must be verified in writing (i.e.,
				  letter from a physician, official accident report, obituary
				  notice).
1. Repealer
				  and new section filed 10-24-94; operative 11-23-94 (Register 94, No. 43). For
				  prior history, see Register 80, No. 13.
Note: Authority cited: Section
					 7312,
					 Business and Professions Code. Reference: Section
					 7413,
					 Business and Professions Code.