reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.17 - STUDENT EXTERNSHIPS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Students enrolled in any course licensed by this act may, at the school's
				option, participate in an externship program upon completion of seventy-fve
				percent of the contracted course of study. The externship program would allow
				students to train in a licensed establishment for one day or up to eight hours
				per week until graduation. The training would be supervised by a designated
				salon licensee and would include any activity that is routine in a salon except
				offering complete services on the public. The student would be allowed, for
				example, to perform receptionist duties, ASSIST stylists with salon services;
				perform inventory or dispensary activities, sanitation duties, etc. Students
				will NOT be allowed to take appointments for complete services or apply
				chemicals (specifcally hair color or bleach, perm solution, chemical relaxers,
				or acrylic nail products) to any client. This program will allow students who
				are nearing graduation to begin a professional relationship with a salon and
				increase the graduate's opportunities for successful employment after
				graduation. In addition, it will allow the salon to perform very valuable
				"on-the-job" training while the student is still in training. In order to
				qualify for the externship program, the following requirements must be met:
(1) the student must have successfully
				completed seventy-fve percent of the contracted course of study;
(2) the student must have taken and passed an
				interim FINAL written and practical examination establishing the individual's
				qualifications to assist in the establishment;
(3) the establishment must agree to and
				complete a certification of attendance and training completed during the
				externship. The training must relate to curriculum requirements;
(4) the student must apply for and post a
				student externship permit in the establishment while training in the
				establishment;
(5) the student must
				meet any other eligibility requirement established by the school;
(6) the establishment must notify and obtain
				permission from each individual client to allow the student to assist in any
				manner in providing services to the client.
(7) the school must accept the training
				certifed by the establishment and include it on the official transcript of
				training for state board;
(8) a
				school official must make periodic visits to establishments to observe and
				verify the program is being followed according to requirements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.18 - REFRESHER COURSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Schools may offer a customized refresher course for individuals who have been
				out of school for 12 months or longer and not yet obtained licensure and to
				licensees who wish to re-enter school and update their professional skills. The
				following requirements must be met for those students enrolled in a refresher
				course who are not already licensed.
(1) The
				student must be re-registered with the board and all other matriculation
				requirements met as required for regular students;
(2) The earned hours or equivalent credit
				will be added to the student's existing transcript even though the requirements
				for licensure may have already been met.
(a)
				Successfully completed training must be reported on the official transcript of
				training accompanied by the student permit must be sent to the board office
				upon completion.
(b) A notice of
				termination and student permit must be sent to the board office upon
				termination from enrollment for unsuccessful completion of training.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.19 - SCHOOL TUITION REFUND AND SETTLEMENT POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
A. In cases where students are regulated by
				federal or special program refund policies that policy prevails. The school
				must publish in its enrollment agreement or registration contract a refund
				policy that contains the following minimum guidelines:
(1) If a student cancels the enrollment more
				than three business days after signing the contract but prior to starting
				classes, a refund of all monies paid to the school less the applicable
				registration (administration fee not to exceed two hundred dollars or fifteen
				percent of the tuition and fees, whichever is less) will be made.
(2) For students who enroll and begin classes
				but withdraw prior to course completion (after three business days of signing
				the contract), the school must apply a refund calculation schedule at least as
				liberal as the following: The percent of scheduled time enrolled to total
				course and total tuition school shall receive or retain is as follows:
(a) 0.01% to 04.9% 20%
(b) 5% to 09.9% 30%
(c) 10% to 14.9% 40%
(d) 15% to 24.9% 45%
(e) 25% to 49.9% 70%
(f) 50% and over 100%
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.20 - SPECIAL EVENTS PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A school desiring to sponsor a special event such as a
				  fund-raiser, garage sale, telethon, etc. that will not be conducted at the
				  licensed establishments, must first obtain approval from the board office. The
				  purpose of prior approval is to ensure professional integrity and that
				  sanitation and safety requirements are met. An application on the form provided
				  by the board office must be submitted at least ten days prior to the event.
				  Applications for special events may be approved administratively. Special
				  events for charities shall submit an application, no fees are required, as long
				  as the money collected is donated to the charity specified on the
				  application.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.21 - STUDENT TRAINING - HIGH SCHOOL PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Students enrolled in the career enrichment
				courses (CEC) or any other associate high school program must meet the
				following requirements before enrolling for any course as follows:
(1) proof of completion of the second year of
				high school or its equivalent (i.e. only juniors and seniors can
				participate);
(2) proof that
				student is at least sixteen years of age;
(3) submission of a complete student
				registration form and required fees through the associate school licensed under
				this act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.22 - DISTANCE EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
It is recognized that delivery of relevant course content can
				  be achieved in a variety of methods including online learning and distance
				  education. Programs such as Instructor training may be completely accomplished
				  via distance learning. Practitioner programs are limited to no more than
				  twenty-five percent of the program content online. The following standards
				  should apply when schools choose to use distance learning methods.
A. The school must notify the board and
				obtain approval before offering any distance learning courses.
B. The school must determine if the student
				has the requisite skills and competencies to succeed in a distance learning
				environment prior to enrollment.
C.
				The school must make available to students the necessary textbooks,
				supplementary educational materials and equipment needed to fulfill the program
				requirements.
D. The school must
				establish measurable and achievable performance outcomes that shall be compared
				to similar subject matter and objectives whether offered through traditional or
				distance methods.
E. The school
				must specify the expected knowledge, skills, and competency levels that
				students will achieve in a distance learning course.
F. The school shall effectively oversee the
				distance learning course and ensure it meets the objectives and mission of the
				school.
G. The school is
				responsible for the quality of courses of study offered through distance
				learning and the achievement of expected acceptable outcomes for each student
				irrespective of any contractual arrangements, partnerships, or consortia
				entered into with third parties for provision of components of a distance
				learning course.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 8 - SCHOOLS › Section 16.34.8.23 - ADVANCED TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
Educational programs provided for the purpose of continuing
				  education or advanced education in a specific field of licensure that are more
				  than 150 hours in length must be conducted in a licensed school and supervised
				  by a licensed instructor whether or not the program leads to licensure.
				  Programs for advanced or continuing education of 150 hours or less will be
				  considered seminars or workshops. They may or may not be conducted in a
				  licensed establishment but must be supervised by a New Mexico licensee.
				  Advanced training must be specific to the field of licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 9 - CONTINUING EDUCATION › Section 16.34.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 9 - CONTINUING EDUCATION › Section 16.34.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, estheticians,
				  manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists,
				  and providers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 9 - CONTINUING EDUCATION › Section 16.34.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-17A-7
				  - Board Powers and Duties - This authorizes the board to establish continuing
				  education requirements for licensure renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 9 - CONTINUING EDUCATION › Section 16.34.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a different date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 9 - CONTINUING EDUCATION › Section 16.34.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  establishes continuing education requirements for licensees and to set
				  guidelines for continuing education providers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 9 - CONTINUING EDUCATION › Section 16.34.9.8 - CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Providers of continuing education are
				listed below. The licensee must provide proof of attendance with license
				renewal. Educational programs provided for the purpose of continuing or
				advanced education must be specific to the field of licensure.
(1) cosmetology educators of America (CEA)
				seminars and workshops conducted in any state;
(2) adult continuing education association
				programs in professional development, education, counseling, instructing or
				related programs;
(3) continuing
				education units (CEU's) recognized by four year institutions in any state in
				professional development, education, counseling, teaching or related
				programs;
(4) all schools licensed
				by the New Mexico state board of barbers and cosmetologists;
(5) credits recognized for teacher
				certification in any state according to the following conversion table:
(a) theory (cognitive/lecture): 1 credit hour
				= 30 clock hours;
(b)
				practice/demonstration: 1 credit hour = 45 clock hours.
(6) attendance at accreditation and team
				training workshops and instructor continuing education programs offered by
				nationally recognized accrediting agencies;
(7) certification of completion of Dale
				Carnegie professional development and business courses;
(8) the pivot point instructor symposium
				classes;
(9) educational classes or
				conferences sponsored by the Aveda institute;
(10) conferences sponsored by the American
				aesthetics education association;
(11) classes sponsored by Milady/Thomson
				learning's career institute;
(12)
				classes sponsored by Vidal Sassoon; or
(13) local, state, regional, or national
				industry trade shows with credit not to exceed fifty percent of the annual
				requirement for continuing education, or six hours; in addition, no more than
				fifty percent of the hours scheduled at such a trade show can contribute to the
				six hour maximum; the licensee must provide verifiable proof of attendance
				including an agenda of the event, a receipt for payment of attendance, or other
				such reasonable evidence of attendance;
(14) online faculty and professional
				development programs.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 10 - INVESTIGATIONS AND CONFIDENTIALITY › Section 16.34.10.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 10 - INVESTIGATIONS AND CONFIDENTIALITY › Section 16.34.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists,
				  hairstylists
,
estheticians, manicurist/pedicurists,
				  manicurist/estheticians, instructors, electrologists, schools, enterprises and
				  establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 10 - INVESTIGATIONS AND CONFIDENTIALITY › Section 16.34.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-17A-7
				  - This authorizes any member of the Board, its employees or agents to enter and
				  inspect any establishment or enterprise for the purpose of determining
				  compliance with the Barbers and Cosmetologists Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 10 - INVESTIGATIONS AND CONFIDENTIALITY › Section 16.34.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 10 - INVESTIGATIONS AND CONFIDENTIALITY › Section 16.34.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  establishes the investigative methods.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 10 - INVESTIGATIONS AND CONFIDENTIALITY › Section 16.34.10.8 - INVESTIGATIVE METHODS

Current through Register Vol. 35, No. 13, July 16, 2024
The Board may use any lawful method of investigation it deems
				  necessary and appropriate, including undercover investigation using Board
				  personnel, law enforcement personnel, and other investigative personnel and
				  techniques.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 10 - INVESTIGATIONS AND CONFIDENTIALITY › Section 16.34.10.9 - CONFIDENTIALITY OF INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The Board shall take all lawful confidentiality measures,
				  which it deems necessary and appropriate to protect the effectiveness of its
				  investigations, subject to the requirements of the New Mexico Inspection of the
				  Public Records Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 10 - INVESTIGATIONS AND CONFIDENTIALITY › Section 16.34.10.10 - COMPLIANCE WITH BOARD REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to powers vested in it, the Board
				may from time to time request that a licensee provide it with information or
				documents concerning the licensee's activities.
B. Within fifteen days of receipt of such
				request the licensee shall respond by complying with the request.
C. Failure to respond timely is a violation
				of the rules and provides sufficient evidence to issue a Notice of Contemplated
				Action against the licensee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 11 - VIOLATIONS › Section 16.34.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists,
				  schools, enterprises and establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 11 - VIOLATIONS › Section 16.34.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  61-17A-7
				  and
				  61-17A-21
				  of the Barbers and Cosmetologists Act. This authorizes the board to refuse to
				  issue, renew, suspend or revoke a license for anyone in non-compliance with the
				  Barbers and Cosmetologists Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 11 - VIOLATIONS › Section 16.34.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 11 - VIOLATIONS › Section 16.34.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  establishes the board to take action against a licensee in non-compliance of
				  the act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 11 - VIOLATIONS › Section 16.34.11.8 - VIOLATIONS BY LICENSEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				the board becomes aware of information or evidence tending to indicate that a
				violation of the act or these rules has been or is being committed by a
				licensee or student, it will review the matter and take appropriate action, or
				it may refer the matter to an informal subcommittee for review and
				recommendation, or it may make such investigation as it deems
				appropriate.
B. If an investigation
				is made, upon conclusion that a violation has occurred, the board shall:
(1) take no further action;
(2) issue a notice of contemplated action
				(NCA) under the Uniform Licensing Act;
(3) invite the parties to an informal
				conference with the board or the board's designee to aid in the board's
				resolution of the matter;
(4) issue
				a cease and desist order in accordance with the Uniform Licensing Act if the
				board determines that conditions within the establishment present a substantial
				danger of illness, serious physical harm or death to customers who might
				patronize the establishment;
(5)
				file a formal complaint with a court of appropriate jurisdiction; or
(6) issue or direct the board's executive
				director to issue a letter of warning, a statement of what the board believes
				must be done to come into compliance with the act or these rules or a similar
				communication.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 11 - VIOLATIONS › Section 16.34.11.9 - VIOLATION OF SANITATION AND SAFETY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If an establishment or enterprise fails
				the second inspection (re-inspection):
(1) an
				administrative fee pursuant to
				16.34.15.8 NMAC;
(2) a cease and desist order will be served
				in accordance with the Uniform Licensing Act;
(3) a re-inspection fee of up to $200.00 will
				be assessed, at the time of the re-inspection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 12 - RECORD KEEPING BY THE BOARD OFFICE › Section 16.34.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 12 - RECORD KEEPING BY THE BOARD OFFICE › Section 16.34.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All schools governed by the Barbers and Cosmetologists
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 12 - RECORD KEEPING BY THE BOARD OFFICE › Section 16.34.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-17A-12 -
				  Licensure of Schools - This authorizes the Board to establish record keeping
				  procedures.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 12 - RECORD KEEPING BY THE BOARD OFFICE › Section 16.34.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 12 - RECORD KEEPING BY THE BOARD OFFICE › Section 16.34.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  establishes the time frame in which student documents are kept in the Board
				  office.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 12 - RECORD KEEPING BY THE BOARD OFFICE › Section 16.34.12.8 - RETENTION PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
Student registration and Official Transcript of Training or
				  Notices of Termination will be kept in the Board office for one year from the
				  date of formal termination or withdrawal from the school. If the student wishes
				  to validate incomplete hours or equivalent credits earned in previous years,
				  he/she must be able to document the hours or equivalent credits with a sealed
				  transcript from the school. Official Transcripts of Training received by the
				  Board for students who complete the course of training are retained in the
				  Board office.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/estheticians, instructors, electrologists,
				  schools, enterprises, establishments, applicants and
				  consumers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-17A-7
				  - Board Powers and Duties - This authorizes the board to adopt and file rules
				  and regulations necessary to carry out the provisions of the Barbers and
				  Cosmetologists Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  establishes the requirements and standards for complaints, inspections,
				  examinations and tele-conference meetings.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.8 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board, or
				its designee, will consider a formal complaint filed against a licensee or an
				establishment provided the complaint is on the proper form, signed and
				notarized.
B. When a complaint is
				received on the proper form, the board, or its designee, will write to the
				licensee the complaint is against and request a response within fifteen days of
				receipt of such request.
C. The
				response will be reviewed by a committee designated by the board
				chairman.
D. If the committee's
				recommendation is that the complaint be taken before the board, the complaint
				will be reviewed at the next regularly scheduled board meeting. The executive
				director will notify all individuals involved of the action taken.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.9 - INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Schools and
				establishments licensed by the board are subject to inspection by any member of
				the board, its employees or agents who may enter and inspect at any time during
				regular business hours for the purpose of determining compliance with the
				Barbers and Cosmetologists Act.
B.
				Outreach enterprise mobile units are subject to inspection by any member of the
				board, its employees or agent who may enter and inspect at any time during
				regular business hours for the purpose of determining compliance with the
				Barbers and Cosmetologists Act. Inspections may occur at the enterprise's base
				location, a mutually convenient public pullover location, at a unit's
				appointment destination. The outreach enterprise will maintain with each
				client's service record a permission statement, provided by the board, signed
				by the client allowing the board inspection to be conducted on the client's
				property while services are being performed.
C. It shall constitute a violation of the
				Barbers and Cosmetologists Act when a licensee
(1) attempts by means of any threat, force,
				intimidation or violence to deter, interfere with or prevent any inspector or
				board designee from performing any official duty of the department or
				board;
(2) willfully resists, does
				not cooperate with the inspector, does not allow an inspection to occur, delays
				or obstructs an inspector or board designee in the performance of his/ her
				official duty;
(3) fails to comply
				with the lawful command of an inspector or board designee in the discharge of
				his/her official duty.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.10 - EXAMINATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				be eligible for the examination, the applicant must meet all requirements and
				follow all procedures set forth by the board or its designee.
B. Special needs: If an applicant has a
				physical disability or a special need that prevents him/her from taking the
				examination under the regular conditions, he/she may request special
				accommodations. Written documentation of the disability must be submitted to
				the board office to determine what special accommodations are necessary. If
				special accommodations are needed to take the exam, the board office or its
				designee must be notified with the examination application.
C. Policy on cheating: The exchange of
				information related to exam performance between examinees during the exam is
				prohibited. Applicants are not allowed to have any written or taped material in
				the testing area other than the supplies listed and approved for the
				exam.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.11 - TELE-CONFERENCE MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section 10-15-1(C) NMSA 1978, a board member may
				  participate in a meeting of the board by means of a conference telephone or
				  other similar communications equipment under the following conditions:
A. this rule shall only apply when it is
				otherwise difficult or impossible for the member to attend the meeting in
				person;
B. each member
				participating by conference telephone must be identified when
				speaking;
C. all participants must
				be able to hear each other at the same time;
D. members of the public attending the
				meeting must be able to hear any member of the board who speaks during the
				meeting;
E. the member of the board
				participating by telephone can only vote on a matter if he/she has copies of
				the documents that are available to the members who are physically present;
				and
F. the member participating by
				telephone cannot vote on any matter where the credibility of a witness who
				physically appears at the meeting is an issue that the board members must
				consider when voting on a pending matter.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.12 - RECORD KEEPING - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Records of monies received in the board office for licenses
				  and fees are maintained in the board office for a period of one year from date
				  of receipt.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 13 - ADMINISTRATIVE PROCEDURES › Section 16.34.13.13 - PETITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board shall
				accept for consideration at its regular meetings where licensee actions are
				taken, petitions for variance of these rules. If a licensee wishes to petition
				the board for a variance of these rules, the licensee shall do so by filing
				with the board, in writing, a petition for variance. Such petition shall cite
				the specific section of these rules from which a variance is sought. It shall
				include an explanation of all factors and considerations to support the
				variance sought. A petition needs to be submitted at least 15 days prior to the
				board meeting where it is to be considered. The petitioner may also request to
				personally appear before the board to support the petition. The board will only
				accept petitions that are submitted in the following format:
(1) list the specific section of the rules to
				be varied, including part number and section;
(2) provide the petitioner's rationale for
				the variance;
(3) provide thorough
				documentation to support the request for variance; and
(4) provide nine copies of the petition and
				supporting documentation in soft-sided binders for review by the
				board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 14 - FEES › Section 16.34.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/estheticians, instructors, electrologists,
				  schools, specialty licenses, enterprises and establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 14 - FEES › Section 16.34.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  61-17A-7
				  and
				  61-17A-16 of the
				  Barbers and Cosmetologists Act. This authorizes the board to establish
				  fees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 14 - FEES › Section 16.34.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 14 - FEES › Section 16.34.14.8 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
The board or department, where applicable, may charge the
				  following fees:
A. Enterprise or
				establishment license (original): $200.00
B. Enterprise or establishment license
				(renewal): $50.00
C. Booth
				establishment license (original): $200.00
D. Booth establishment license (renewal):
				$50.00
E. School license (original
				and renewal): $500.00
F. Relocation
				of a school: $185.00
G. Barber
				license (original and renewal): $100.00
H. Barber/cosmetologist license (original and
				renewal): $100.00
I. Cosmetologist
				license (original and renewal): $100.00
J. Hairstylist license (original and
				renewal): $50.00
K.
				Manicurist/pedicurist license (original and renewal): $100.00
L. Manicurist/esthetician license (original
				and renewal): $100.00
M.
				Electrologist license (original and renewal): $100.00
N. Esthetician license (original and
				renewal): $100.00
O. Instructor
				license (original and renewal): $100.00
P. Expedited license (original):
				$150.00
Q. Administrative fee
				(other examination administrative costs): a maximum of $100.00
R. Administrative fee (lists on disks):
				$95.00
S. Administrative fee
				(relocation of establishments, etc.): $25.00
T. Examinations and re-examinations all
				licenses except instructor: a maximum of $100.00
U. Instructor examination and re-examination:
				a maximum of $100.00
V. Duplicate
				licenses: $25.00
W. Student permit
				license: $25.00
X. Barber
				apprentice license: $25.00
Y. Late
				fee: $40.00
Z. Provider approval,
				initial and renewal: $50.00
AA.
				Re-inspection fee: up to $200.00.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 15 - ADMINISTRATIVE PENALTIES AND FINES › Section 16.34.15.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 15 - ADMINISTRATIVE PENALTIES AND FINES › Section 16.34.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/estheticians, instructors, electrologists,
				  schools, enterprises and establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 15 - ADMINISTRATIVE PENALTIES AND FINES › Section 16.34.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  61-17A-7
				  and
				  61-17A-23
				  of the Barbers and Cosmetologists Act. This authorizes the board to establish
				  administrative penalties and fines.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 15 - ADMINISTRATIVE PENALTIES AND FINES › Section 16.34.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 15 - ADMINISTRATIVE PENALTIES AND FINES › Section 16.34.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the Barbers and Cosmetologists Act this part
				  defines the violations of any provision of the act and lists possible penalties
				  and fines.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 15 - ADMINISTRATIVE PENALTIES AND FINES › Section 16.34.15.8 - ADMINISTRATIVE PENALTIES AND FINES

Current through Register Vol. 35, No. 13, July 16, 2024
Subject to legally required procedural safeguards, any
				  person who violates any provisions of the act or any rule adopted by the board
				  may incur, in addition to any other penalty provided by law, a civil penalty in
				  an amount of less than one thousand dollars ($1,000) for each violation. The
				  board will serve on the licensee official notice of any such fine that the
				  board proposes to assess. Failure to pay a fine, once properly assessed, may
				  result in an additional fine or revocation of license or other disciplinary
				  action. The penalties to be assessed are as follows:
A. A re-inspection fee of two hundred dollars
				($200) will be assessed for each inspection pursuant to
				16.34.11.9
				NMAC.
B. Failure to comply with
				establishment requirements:
(1) first
				offense: two hundred dollars ($200);
(2) second offense: four hundred dollars
				($400);
(3) third and subsequent
				offenses: the board shall take steps to impose a further fine up to the limit
				of nine hundred ninety nine dollars ($999) or to take other disciplinary action
				as permitted by the act or the New Mexico Uniform Licensing
				Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 15 - ADMINISTRATIVE PENALTIES AND FINES › Section 16.34.15.9 - COST INCURRED FOR HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-1-4
				  G, NMSA1978 states as follows, licensees shall bear all costs of disciplinary
				  proceedings unless they are excused by the board from paying all or part of the
				  fees, or if they prevail at the hearing and an action specified in Section
				  16-1-3
				  NMSA 1978 is not taken by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Regulation and Licensing Department, Board of Barbers and
				  Cosmetologists.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All barbers, cosmetologists, hairstylists, estheticians,
				  manicurist/pedicurists, manicurist/ estheticians, instructors, electrologists,
				  schools, enterprises and establishments.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Board adopts this section pursuant to the Parental
				  Responsibility Act, Chapter 25, Laws of 1995.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 16, 2001 unless a later date is cited in the history
				  note at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part establishes the requirements and possible penalties
				  for non-compliance of the Parental Responsibility Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.8 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant or licensee is not in compliance with a
				  judgment and order for support, the Board:
A. shall deny an application for a
				license;
B. shall deny the renewal
				of a license; and
C. has grounds
				for suspension or revocation of the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.9 - CERTIFIED LIST

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of HSD's certified list of obligors not in
				  compliance with a judgment and order for support, the Board shall match the
				  certified list against the current list of Board licensees and applicants. Upon
				  the later receipt of an application for license or renewal, the Board shall
				  match the applicant against the current certified list. By the end of the month
				  in which the certified list is received, the Board shall report to HSD the
				  names of Board applicants and licensees who are on the certified list and the
				  action Board has taken in connection with such applicants and
				  licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.10 - INITIAL ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon determination that an applicant or licensee appears on
				  the certified list, the Board shall:
A. commence a formal proceeding under
				16.34.16.11 NMAC to take the appropriate action under 16.34.16.8 NMAC;
				or
B. for current licensees only,
				informally notify the licensee that the licensee's name is on the certified
				list, and that the licensee must provide the Board with a subsequent Statement
				of Compliance from HSD by the earlier of the application for license renewal or
				a specified date not to exceed sixty days. If the licensee fails to provide
				this statement, the Board shall commence a formal proceeding under 16.34.16.11
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.11 - NOTICE OF CONTEMPLATED ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to taking any action specified in
				  16.34.16.8
				  NMAC, the Board shall serve upon the applicant or licensee a written notice
				  stating that:
A. the Board has grounds
				to take such action, and that the Board shall take such action unless the
				licensee or applicant;
(1) mails a letter
				(certified mail return receipt requested) within twenty days after service of
				the notice requesting a hearing; or
(2) provides the Board, within thirty days of
				the date of the notice, with a Statement of Compliance from HSD; and
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.12 - EVIDENCE AND PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
In any hearing under this Part, relevant evidence is limited
				  to the following:
A. A statement of
				Non-compliance is conclusive evidence that requires the Board to take the
				appropriate action under 16.34.16.8 NMAC, unless;
B. The applicant or licensee provides the
				Board with a subsequent Statement of Compliance, which shall preclude the Board
				from taking any action under this section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.13 - ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
When a disciplinary action is taken under this Part solely
				  because the applicant or licensee in not in compliance with a judgment and
				  order for support, the order shall state that the application or license shall
				  be reinstated upon presentation of a subsequent Statement of Compliance. The
				  Board may also include any other condition necessary to comply with Board
				  requirements for reapplication or reinstatement of lapsed
				  licenses.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 34 - BARBERS AND COSMETOLOGISTS › Part 16 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.34.16.14 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Proceedings under this Part shall be governed by the Uniform
				  Licensing Act, Section
				  61-1-1,
et seq.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 36 - BODY ART PRACTITIONERS, BOARD OF › Part 1 - BODY ARTISTS AND OPERATORS - GENERAL PRACTITIONERS › Section 16.36.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person licensed to practice body art tattoo, piercing,
				  scarification and all operators.