reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 71 - General Provisions › Section V-7103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Chapter
-R.S.
					 6:969.1, et seq.
Commission
-Louisiana Motor Vehicle
					 Commission.
Consumer Credit Sale
-the sale of a motor
					 vehicle on credit under which the seller acquires a purchase money security
					 interest in the purchased vehicle, and incident to which a credit service
					 charge is charged and the consumer is permitted to defer all or part of the
					 purchase price or other consideration in two or more installments excluding the
					 down payment. A
consumer credit sale
does not include a lease
					 of a motor vehicle under any circumstance, whether or not the lease constitutes
					 a true lease or financed lease within the context of the Louisiana Lease of
					 Movables Act,
					 R.S.
					 9:3301, et seq. A consumer credit sale may be
					 secured by other collateral in addition to the purchased vehicle.
Consumer Loan
-a loan of money or its
					 equivalent made by a lender, the proceeds of which are used by the consumer to
					 purchase or refinance the purchase of a motor vehicle, or which proceeds are
					 used for personal, family, or household purposes, including debts created by
					 the use of a lender credit card, revolving loan account, or similar
					 arrangement, as well as insurance premium financing, with the lender acquiring
					 a purchase money security interest in the purchased motor vehicle. A consumer
					 loan may be secured by other collateral in addition to the purchased vehicle.
					 The provisions of this Paragraph shall not apply to a consumer loan made
					 pursuant to the Louisiana Deferred Presentment and Small Loan Act,
					 R.S.
					 9:3578.1 et seq.
Person
-an individual or corporation,
					 partnership, limited liability company, trust, association, joint venture pool,
					 syndicate, sole proprietorship, unincorporated organization, or any other form
					 of entity not specifically listed herein.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 73 - Licensing › Section V-7301 - License Requirement and Exception

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. No
				  person unless exempt from licensing under R.S. 6.969.36 shall engage in the
				  business of:
a. making consumer loans or the
				  origination of consumer credit sales;
b. taking assignments of and undertake direct
				  collection of payments from or enforcing rights against consumers under a
				  consumer loan or consumer credit sale;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 73 - Licensing › Section V-7303 - Denial of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  applicant shall be entitled to a hearing on the question of his qualifications
				  for a license if the applicant requests such in writing to the commission and
				  either of the following has occurred.
1. The
				  applicant has received notification from the commission that his application
				  has been denied.
2. The commission
				  has not issued to the applicant a license and it has been 60 days since the
				  date that the application for the license was filed with the
				  commission.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 73 - Licensing › Section V-7305 - Renewal Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Annually
				  by November 1 each licensee shall file a renewal application and pay a
				  non-refundable renewal fee.
1. An annual
				  renewal application received by the commission postmarked after December 1
				  shall be accompanied by a late filing fee, in addition to the annual renewal
				  fee.
2. If the annual renewal
				  application and renewal fee are not received postmarked by December 31, the
				  license shall lapse without a hearing or notification, and the license shall
				  not be reinstated; however, the person whose license has lapsed may apply for a
				  new license. No new license shall be issued upon the filing of a new
				  application by any person against whom any penalty or late fee has been imposed
				  unless and until such penalty or late fee previously accrued under this Section
				  has been paid, and the commission has determined that the applicant has the
				  requisite qualifications for a license.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 73 - Licensing › Section V-7307 - Suspension, or Revocation of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Renewal of a license originally granted
				  under this Chapter may be denied or a license may be suspended or revoked by
				  the commission for any of the following grounds:
1. material misstatements in the application
				  for a license;
2. failure to comply
				  with any provision of this Chapter relating to motor vehicle credit
				  transactions;
3. defrauding any
				  consumer purchaser of a motor vehicle to the consumer's damage;
4. fraudulent misrepresentation,
				  circumvention, or concealment by the licensee through whatever subterfuge or
				  device of any of the material particulars or the nature thereof required to be
				  stated or furnished to the purchasing consumer under this Chapter.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 73 - Licensing › Section V-7309 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. All fees are non
				  refundable.
B. License application
				  fee per location-$400.
C. License
				  renewal fee and late penalty per location-$400; late fee-$100.
D. Change of location-no charge.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 75 - Examination and Record Retention › Section V-7501 - Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				  shall have the power to examine all books, records and accounts of all persons
				  licensed under this Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 75 - Examination and Record Retention › Section V-7503 - Records Retention

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each person
				  required to be licensed under this Chapter shall maintain in its offices such
				  books, records and accounts of its lending activities as the commission may
				  prescribe by policy as required to determine whether such licensee is complying
				  with the provisions of this Chapter and the rules, regulations and policies
				  promulgated under the provisions of this Chapter included by not limited to the
				  following:
1. the original or a copy of all
				  documentation signed by the consumer, including but not limited to:
a. note;
b. disclosure statement;
c. financing statement (or
				  equivalent);
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 77 - GAP Coverage › Section V-7701 - Definition

Current through Register Vol. 50, No. 6, June 20, 2024
A. GAP coverage
				  covers a consumers deficiency balance between the net payoff of the consumers
				  loan retail installment sales contract at the time of a loss and the amount
				  paid by the consumers primary insurance after a vehicle is deemed a total loss
				  due to any direct or accidental physical damages or unrecovered
				  theft.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 77 - GAP Coverage › Section V-7703 - Types of Coverage

Current through Register Vol. 50, No. 6, June 20, 2024
A. Guaranteed
				  Auto Protection (GAP) offered by a Property and Casualty (P&C) company
				  licensed and regulated by the Louisiana Department of Insurance.
B. Guaranteed Auto Protection (GAP) offered
				  by a Property Residual Value Insurer (PRVI) licensed and regulated by the
				  Louisiana Department of Insurance.
C. Debt waiver or debt forgiveness agreements
				  regulated by the commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 77 - GAP Coverage › Section V-7705 - Offer of Coverage

Current through Register Vol. 50, No. 6, June 20, 2024
A. The seller
				  shall and the extender of credit may offer a consumer the option of voluntarily
				  purchasing GAP coverage in a transaction involving a consumer loan or consumer
				  credit sale secured by a motor vehicle.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 77 - GAP Coverage › Section V-7707 - Debt Waiver or Debt Forgiveness Agreement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Debt waiver or debt forgiveness is an
				  agreement whereby a extender of credit agrees with the consumer to waive any
				  unpaid balance on a consumer loan or consumer credit sale due to a physical
				  damage total loss or constructive loss or unrecovered theft to the covered
				  collateral secured by an eligible security device.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 77 - GAP Coverage › Section V-7709 - Insurance Coverage

Current through Register Vol. 50, No. 6, June 20, 2024
A. An extender
				  of credit may insure its debt waiver or debt forgiveness agreement by an
				  insurance company licensed by the Louisiana Department of Insurance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 77 - GAP Coverage › Section V-7711 - Debt Waiver or Debt Forgiveness Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The retail installment sales contract must
				  have an addendum where upon the extender of credit agrees to waive the
				  consumers debt for the difference between the amount paid by the consumers
				  primary insurance and the net payoff of the contract.
B. There shall be a clear statement in the
				  waiver form that is given to the consumer that the consumer's debt is waived.
				  The following is an example:
The extender of credit hereby agrees, by acceptance of this
					 Addendum as an amendment to the Retail Installment Sales Contract upon
					 assignment, to waive the consumers liability for the difference between the
					 amount owed (excluding past due amounts, payment extensions, insurance or other
					 charges) under the consumers retail installment sales contract and the actual
					 cash value of the consumers vehicle as of the date of the total loss of the
					 consumers vehicle resulting from a peril covered by the consumers primary
					 insurance company.
C. The
				  consumer shall have the right to cancel the debt waiver or debt forgiveness
				  agreement and shall be entitled to a refund of the premium paid no less
				  favorable to the consumer than the rule of 78's or pro-rata.
D. The agreement shall contain a statement of
				  how the unpaid net balance is determined. In making this determination,
				  unearned interest, loan charges, late charges, any delinquent payments, any
				  uncollected service charges, refundable prepaid taxes or fees or any other
				  proceeds the consumer may recover by cancelling insurance coverages, service
				  contracts or warranties, disposition fees, termination fees, penalty fees or
				  other items built into or added to the initial loan balance are not covered by
				  the agreement.
E. There shall be no
				  deductible provision in the agreement.
F. There may be a limited waiver of
				  subrogation which shall apply only to sums actually paid or waived on behalf of
				  the consumer.
G. The claim shall be
				  paid within 60 days of the incident or 30 days from filing of the police
				  report.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 77 - GAP Coverage › Section V-7713 - Filing

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				  offer for sale a debt waiver or debt forgiveness agreement in this state until
				  its sale materials, agreements, insurance policies and any and all documents
				  used in connection with its offer and sale of such agreements shall be filed
				  with the commission.
B. Within 30
				  days of the receipt of the filing, the commission will notify the filing party
				  of any additional requirements or grant its approval for the sale of the
				  program.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 79 - Powers of Commission › Section V-7903 - Cease and Desist Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission shall have the power to issue cease and desist orders to protect the
				  public welfare.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 79 - Powers of Commission › Section V-7905 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  any other authority conferred upon the commission by this Chapter the
				  commission may impose fines and penalties against persons violating the
				  provisions of this Chapter and the rules and regulations adopted
				  thereunder.
B. The commission may
				  impose a fine on any person who willfully violates any provision of this
				  Chapter and the rules and regulations adopted thereunder in an amount not to
				  exceed $5,000 per violation.
C. The
				  commission may impose a fine on any person who originates or purchases a
				  contract subject to this Chapter of $1,000 for each contract, who has not first
				  obtained a license from the commission.
D. The commission may render judgment for
				  costs, or any part thereof, against any party to proceedings held or scheduled
				  to be held before the commission as it may consider equitable. These costs
				  shall include but shall not be limited to court reporter fees, commission
				  attorney fees, the mileage and per diem of the commissioners, and other
				  applicable reasonable costs.
E. Any
				  person who is required to be licensed under this Chapter and who fails to
				  timely purchase a license herein provided may be ordered by the commission to
				  pay a penalty of $100 in addition to the regular license fee herein
				  provided.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 79 - Powers of Commission › Section V-7907 - Advisory Opinions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission, its employees and attorneys may issue advisory opinions and
				  interpretations regarding this Chapter. Advisory opinions and interpretations
				  of the commission or its employees and attorneys shall not be considered rules
				  requiring compliance with the rule making process under the Administrative
				  Procedure Act.
B. Any actions taken
				  by an extender of credit pursuant to any opinion or interpretation made by the
				  commission, its officers or attorneys shall not be deemed to be a violation of
				  this Chapter.
C. The commission or
				  its employees and attorneys shall have no liability to any person with respect
				  to the issuance of a ruling or interpretative opinion made under this
				  Chapter.
D. A request for an
				  advisory opinion or interpretation shall be in writing and shall set forth the
				  specific statute or rules and regulations to which the request
				  relates.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 79 - Powers of Commission › Section V-7909 - Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The commission may issue a declaratory order and ruling pursuant to the
				  Administrative Procedure Act which has the same status as a commission decision
				  or order in an adjudicated case.
B.
				  A request for a declaratory order and ruling shall be made in the form of a
				  petition to the commission. The petition shall include, but shall not be
				  limited, to the following:
1. the name and
				  address of petitioner;
2. specific
				  reference to the statutes or rules and regulations to which it
				  relates;
3. a statement of the
				  manner in which the petitioner is aggrieved by the statue or rule or by its
				  potential application to it, or in which it is uncertain of its
				  effects;
4. a statement of whether
				  an oral hearing is desired;
5.
				  other information appropriate for the commission's deliberation on the
				  request.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 3 - Motor Vehicle Sales Finance › Chapter 79 - Powers of Commission › Section V-7911 - Cooperative and Reciprocal Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission may enter into cooperative
				  and reciprocal agreements with the regulatory authorities of the federal
				  government or any state for the periodic examination of persons engaged in the
				  business regulated by this Chapter and may accept reports of examination and
				  other records from such authorities in lieu of conducting its own examinations.
				  The commission may enter into joint actions with other regulatory bodies having
				  concurrent jurisdiction or may enter into such actions independently to carry
				  out its responsibilities under this Chapter and assure compliance with the laws
				  of this state.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 6:969.40(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-101 - Registration of Shops

Current through Register Vol. 50, No. 6, June 20, 2024
A. All barber
				shops must be duly approved and registered by the Board of Barber Examiners.
				The owner or manager of a new barber shop shall give the Board of Barber
				Examiners at least 30 days written notice before the initial opening of the
				shop. The barber shop shall not open to the general public until it has been
				inspected and approved as complying with all existing laws and regulations. If
				a shop which has been in operation moves to a new location, the owner shall be
				required to have the same inspection as a new shop. If it is an operating shop,
				the change of ownership or management shall not be affected until the
				inspection provided for has taken place and the shop has been
				approved.
B. No barber shall
				perform barbering in any place other than a duly authorized registered barber
				shop, excepting for sick or infirm persons in homes or hospitals, provided that
				all sanitary requirements are in accordance as required when the same services
				are to be rendered in a barber shop.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-103 - Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. All barber shops
				shall be open for inspection to any member of the Board of Barber Examiners or
				its inspectors at all reasonable hours.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-105 - Signs

Current through Register Vol. 50, No. 6, June 20, 2024
A. All barber
				colleges shall display a sign indicating that it is a barber college with the
				words "barber college only " and said sign must be prominently displayed at the
				main entrance of said place.
B.
				Every barber shop shall prominently display a sign indicating it is a barber
				shop with lettering no smaller than 3 inches and/or the traditional barber
				pole.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-107 - Minimum Equipment and Supplies Required for a New Barber Shop

Current through Register Vol. 50, No. 6, June 20, 2024
A. One-chair shop
				shall include:
1. one barber chair in good
				repair and condition as determined by the inspector;
2. one modern work stand, not less than 60
				inches wide and 12 inches deep;
3.
				one mirror, not less than 32 inches in diameter and/or not less than 800 square
				inches in size;
4. two cabinets,
				one for storage of sufficient supply of clean linen and one for
				accessories;
5. one closed hamper
				or covered container for soiled linen;
6. one dry cabinet sterilizer or electrical
				disinfecting cabinet not less than 1,200 cubic inches in size;
7. one large professional wet
				sterilizer;
8. one lavatory or
				shampoo bowl;
9. one soap
				dispenser;
10. one waste container
				for neck strips and shaving paper;
11. compounds for dry and wet
				sterilizers;
12. sufficient supply
				of creams, lotions, hair tonics, shampoos, neck strips, headrest paper, linen,
				etc., necessary for serving the public;
13. hot water heater;
14. one covered waste container for residue,
				cut hair, dirt, etc.;
15. toilet
				facilities;
16. sufficient chairs
				or benches for waiting customers; and
17. sufficient hooks or racks for customers'
				hats and coats.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-109 - Personal Cleanliness and Appearance

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons employed in a barber shop
				shall wear clean outer garments or uniforms at all times when working in a
				barber shop.
B. Each barber shall
				cleanse his hands thoroughly with soap and water immediately before serving
				each customer. Liquid or powdered soap in a shaker or dispenser-type container
				shall be provided.
C. No person who
				has any infectious disease or who has any communicable infection of the skin
				shall work or be permitted to work in a barber shop.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-111 - Proper Quarters

Current through Register Vol. 50, No. 6, June 20, 2024
A. The exterior
				of barber shops shall be maintained in a clean, orderly, well-painted and
				attractive condition.
B. Every
				barber shop shall be well lighted and heated, well ventilated or cooled and
				kept in clean, orderly, well painted and sanitary condition and free from dust
				and powder. The interior of every barber shop shall be so constructed and
				finished as to permit its being maintained in a clean condition. The floor
				shall be covered from wall to wall with linoleum, tile or some other washable
				and nonporous material in the working area.
C. Furniture, fixtures and apparatus shall be
				kept clean, in good condition, mechanically sound and with acceptable
				upholstery. Not less than one lavatory or shampoo bowl shall be provided for
				every three barber chairs and shall be kept clean and sanitary at all times.
				Brooms, mops, and other articles used in cleaning shall not be left exposed.
				All residue, cut hair, dirt, etc., must be swept off the floor and placed in
				covered containers and properly disposed.
D. All barber shops must have toilet
				facilities located not more than 15 paces away on the immediate premises. The
				toilet facilities must be convenient and accessible to both barber and patron.
				The barber or patron shall not pass through living quarters or another business
				establishment in order to avail themselves of the use of toilet facilities.
				Fixtures and interior or toilet facilities shall be maintained in a clean,
				orderly, well painted and sanitary condition. Toilets, sinks, and lavatories
				shall be connected to a public sewer system or sewage disposal facilities of an
				approved type.
E. No room or part
				of a building occupied by a barber shop shall be used for residential purposes
				nor shall living quarters of any kind be directly connected with the barber
				shop; nor shall a pool room, shoe repairing, hat cleaning, watch repairing or
				other type of trade be conducted therein, except for the sale of hair tonic,
				lotions, creams, beverages and shoe shining services, unless separated by a
				solid partition reaching to the ceiling. lf any openings are in said partition,
				same must be kept closed at all times.
F. A direct entrance from a street, public
				hall or lobby shall be required of all barber shops.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-113 - Water Supply

Current through Register Vol. 50, No. 6, June 20, 2024
A. All barber
				shops shall be supplied with an adequate, potable supply of both hot and cold
				running water. Water heating equipment capable of supplying ample hot water of
				at least 100°F shall be provided and contained in a separate room or
				compartment from the barber shop and shall be vented to outside air. Nonfume
				producing equipment shall be supplied by the city system. If there is no city
				system, water shall be supplied from a gravity or pressure system.
B. All barber shops shall be supplied with
				sanitary drinking facilities.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-115 - Linen and Towels

Current through Register Vol. 50, No. 6, June 20, 2024
A. A separate,
				clean towel or neck band shall be used for each patron. Sufficient enclosed
				sanitary towel cabinets for storage of clean towels and closed hampers or
				covered containers for soiled towels shall be provided. After use on each
				customer, all soiled towels shall immediately be disposed of in a closed hamper
				or covered container and shall not be left on the lavatory or work stand.
				Towels shall not be used as a cover on top of a work stand or in a sterilizer
				cabinet for placement of tools.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-117 - Headrest

Current through Register Vol. 50, No. 6, June 20, 2024
A. A roll of
				regulation shaving paper or a clean towel shall be provided for the headrest of
				each barber chair in operation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-119 - Sterilization

Current through Register Vol. 50, No. 6, June 20, 2024
A. To insure proper
				sterilization before use on each patron, each barber shall furnish and maintain
				an adequate supply of tools and instruments such as clipper blades and
				attachments, combs, shampoo brushes, hair brushes, styling brushes, shears,
				razors, tweezers, neck dusters, hones, stops, head coverings or hair trainers,
				or any other tool or instrument used in barbering.
B.
1.
				Acceptable means of sterilization and disinfection are:
a. ultra violet lights;
b. household laundry bleach (100 ppm
				available chlorine);
c. ethyl or
				isopropyl alcohol (70-90 percent);
d. sodium hypochlorite (100 ppm available
				chlorine);
e. phenolic germicidal
				detergent solution (1 percent aqueous solution of concentrate);
f. quaternary ammonium germicidal detergent
				solution (2 percent aqueous solution of concentrate);
g. barbicide (or its equivalent).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-121 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The serving or
				eating of food in a barber shop working area is prohibited. Candy, cigarettes
				and cigars, etc., when sold in a barber shop must be kept in an enclosed case
				and individually wrapped.
B. The
				serving of coffee in a barber shop work area is prohibited.
C. The use of common styptic pencil or lump
				alum is prohibited. Alum or any other material used to stop the flow of blood
				shall be used only in a liquid or powder form.
D. The use of neck dusters, shaving mugs and
				shaving brushes in common, or for more than one person without proper
				sterilization is also prohibited.
E. Latherizers are recommended.
F. No barber shall serve a customer with an
				eruption or sore that is suspected of being a communicable disease.
G. Pets Disallowed. No pets will be allowed
				to be kept in a barber shop such as reptiles, etc. Small pets such as goldfish
				may be allowed with board approval. These pets and area around them must be
				kept in good sanitary condition and such pets must not be considered dangerous
				to the public health and safety.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-123 - Manager Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. It
				shall be the duty of every manager of a barber shop to make certain that each
				barber employed in the shop has a current license to practice in the state of
				Louisiana and that all employees observe these regulations and all other
				regulations set forth by the board.
B. The manager shall keep a copy of these
				regulations, to be furnished by the board, posted in the shop for the
				information and guidance of the persons working and employed therein.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 1 - Shops › Section VII-125 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose
				of these regulations, the term
barber shop
shall include
				barber colleges and hair-styling shops and the term
barber
shall include students.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 3 - Barber Demonstrator › Section VII-301 - Demonstration and Seminar Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any barber who is entitled by this board to demonstrate or hold seminars in all
				phases of advanced barbering such as hairstyling, hair straightening, coloring,
				hair piece fitting, styling, shaping, etc., must comply with the following:
1. must be a licensed barber or
				cosmetologist;
2. must abide by all
				the sanitation rules and regulations as required by the Louisiana state barber
				laws.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 3 - Barber Demonstrator › Section VII-303 - Barber Demonstrator and Seminar Classes

Current through Register Vol. 50, No. 6, June 20, 2024
A. When demonstrating or having seminars, the
				following rules must be observed.
1. All
				classes must be held in private, not open to the general public.
2. All demonstrating classes will be held
				with all sanitation regulations observed and work must be done as approved by
				the board.
3. All barber shops,
				during the demonstration classes must keep blinds down and curtains drawn
				closed at all times and doors locked other than to enter or exit.
4. No advertising shall be done concerning
				these classes.
5. A board member,
				inspector or secretary may be present at all times to see that the above rules
				are observed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 3 - Barber Demonstrator › Section VII-305 - Out-of-State Barber Demonstrator

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Make sure before inviting someone from another state to help in a show or with
				any demonstrator that he or she meets and complies with the following:
1. have available a copy of their current
				barber or cosmetology license available to the board for inspection while
				working.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 3 - Barber Demonstrator › Section VII-307 - Barber Demonstrator Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Demonstrators may demonstrate:
1. only to barber students who are presently
				enrolled in any approved Louisiana barber college and all current Louisiana
				licensed barbers and/or cosmetologists in good standing;
2. not more than four days in a 30-day period
				to the same group, unless the demonstrator has prior approval of the
				board;
3. as a guest to show
				techniques: not to teach or demonstrate on a regular basis without a valid
				barber instructor's certificate.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 5 - Fees › Section VII-501 - Permit Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Board of
				Barber Examiners hereby adopts a rule setting permit fees of $40 as prescribed
				by the Louisiana State Barber Licensing Law, R.S. 37, Title 5, Section 368.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 7 - Reciprocity › Section VII-701 - Reciprocity

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Board of
				Barber Examiners hereby adopts a rule setting reciprocity application fee at
				$100 plus license fee as prescribed by the Louisiana State Barbering Licensing
				Law, R.S. 37, Title 5, Section 369.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-901 - Applications for Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				applicant for examination shall:
1. apply to
				the board on blank forms prepared and furnished by the board. This application
				shall contain proof under the applicant's oath of the particular qualifications
				set forth in the application;
2.
				furnish to the board on two 3 x 5 inch signed photographs of the applicant, one
				to accompany the application and one to be returned to the applicant and to be
				presented to the board when he/she appears for examination;
3. pay to the board the fee provided in
				R.S.
				37:375.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-903 - Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every three
				months the board shall conduct an examination of applicants for certificates of
				registration to practice as registered barbers, applicants for certificates of
				registration as instructors, and applicants to enter an approved barber college
				to determine their educational qualifications. Notice of such examinations and
				the times and places thereof shall be given by mail to each
				applicant.
B. The examination of
				applicants for certificates of registration as registered barbers and as
				instructors shall include both a practical demonstration and a written and oral
				test and shall embrace the subjects usually taught in colleges of barbering
				approved by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-905 - Applicants' Notification to Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. All applicants who will take the next
				examination shall furnish the board written notification at least two weeks
				prior to the next examination date.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-907 - Completion of Hours of Instruction

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All students upon completing 1,500 hours of instruction will be permitted to
				take the next available examination.
B. All students shall furnish to the board,
				prior to the examination date a certificate from the barber college attended,
				the total amount of completed hours of instruction, signed by the instructor of
				the barber college.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-909 - Examination Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Students. The
				fee for student examination is $32 ($25 for the examination and $7 for national
				testing), and the license fee is $40.
B. Teachers. The fee for teachers'
				examination is $35 ($25 for the examination and $10 for national testing), and
				the license fee is $10.
C.
				Out-of-State. The fee for out-of-state examination is $57 ($50 for the
				examination and $7 for national testing), and the license fee is $40.
D. Cosmetologist. The fee for a Louisiana
				cosmetologist is $32 ($25 for the examination and $7 for national testing), and
				the license fee is $40.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-911 - Deadline for Examination Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				examination fees must be received by the Board of Barber Examiners no later
				than two weeks prior to the next examination date.
B. No personal checks will be
				accepted.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-913 - Models Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				applicants are required to furnish their own models for the
				examination.
B. All applicants must
				have three models: two males and one female. A taper cut is to be done on one
				of the males and a cut and style on the other male and female. Also, be
				prepared to do full service on models, such as shaves, massages, perm rod wraps
				and any other service necessary as determined by the board.
C. All applicants should be prepared for an
				all day examination, and when called upon, models must be available
				immediately, regardless of the time. Any applicant delaying the examination at
				any time may be disqualified.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-915 - Time Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Practical
				Examination. All applicants must complete all phases of the practical
				examination within the three-hour period of time.
B. Written Examination. All applicants must
				complete all phases of the written examination within a one-hour period of
				time.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-917 - Tools and Supplies Required

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All applicants are required to furnish their own tools, supplies, and towels
				and any other materials necessary to complete the entire examination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-919 - Closed Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Board of Barber Examiners and the staff will conduct the examinations and no
				other person or persons are allowed to view the examination unless authorized
				by the president of the barber board. During the examination, all applicants
				shall direct questions to board members or staff personnel only. Failure to
				comply may result in disqualification.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 9 - Examinations › Section VII-921 - Grading

Current through Register Vol. 50, No. 6, June 20, 2024
A. All applicants
				must achieve an average score of at least 70 percent on the entire examination,
				and a minimum score in each part of the examination of at least 60 percent. The
				practical and oral examination segments warrants 60 percent of the total score
				and the written examination warrants 40 percent of the total score.
B. Any applicant for a certificate of
				registration who fails to satisfactorily acquire an average score of 70 percent
				of the examination may continue to appear before the board for examination
				every three months thereafter. Re-examination will be given upon receipt of
				additional examination fee.
C. Any
				applicant for a certificate of registration who fails to satisfactorily acquire
				a minimum score of 60 percent in either part of the examination, may continue
				to appear before the board for that portion of the examination needed to
				acquire a minimum score of 60 percent. Re-examination will be given upon
				receipt of additional exam fee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:381.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 11 - Due Process Procedures for Violations of the Louisiana Barber License Law › Section VII-1101 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Violations of
				the Louisiana Barber License Law shall be determined on the basis of the rules
				and regulations of the Board of Barber Examiners,
				R.S.
				37:341-392.
1.
				If it has been determined that a party has used fraud or deception in applying
				for a license or in taking an examination provided for in the Act.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 11 - Due Process Procedures for Violations of the Louisiana Barber License Law › Section VII-1103 - Procedures for Processing Complaints and Inquiries

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of complaints or inquiries,
				the board will take immediate action.
1.
				Anonymous letters of complaint against individuals shall not be recognized as a
				basis for formal action.
2. If the
				information in the complaint is insufficient, the board may request further
				information by either written correspondence or an informal hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 11 - Due Process Procedures for Violations of the Louisiana Barber License Law › Section VII-1105 - Conduct of an Informal (Nonadversarial) Inquiry/Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Informal Inquiry Procedures
1. The licensee shall be given adequate prior
				notice of the informal inquiry and possible hearing of the issues to be
				discussed. Adequate notice includes:
a.
				informing the licensee in writing that a complaint has been filed;
b. a short and plain statement of the nature
				of the complaint;
c. a reference to
				the particular sections of the statutes, rules and/or ethical standards of the
				board which appear to have been involved;
d. copies of the law and the rules and
				regulations of the board; and
e. a
				request for the licensee's cooperation in obtaining a full understanding of the
				circumstances which led to the allegation.