Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-130 - General requirements for a school license

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any firm wishing to operate a barber,
				  cosmetology, nail technician, or wax technician school shall submit an
				  application to the board at least 60 days prior to the date for which approval
				  is sought, obtain a school license in compliance with §
										54.1-704.2
				  of the Code of Virginia, and meet the following qualifications in order to
				  receive a license:
1. The applicant and all
				  members of the responsible management shall be in good standing as a licensed
				  school in Virginia and all other jurisdiction where licensed. The applicant and
				  all members of the responsible management shall disclose to the board at the
				  time of application for licensure any disciplinary action taken in Virginia and
				  all other jurisdictions in connection with the applicant's operation of any
				  barbering, cosmetology, nail, or waxing school or practice of the profession.
				  This includes to monetary penalties, fines, suspensions, revocations, surrender
				  of a license in connection with a disciplinary action, or voluntary termination
				  of a license. The applicant shall disclose to the board at the time of
				  application for licensure if the applicant or any member of the responsible
				  management has been previously licensed in Virginia as a barbering,
				  cosmetology, nail, or waxing school.
Upon review of the applicant's and all members of the
					 responsible management's prior disciplinary action, the board, in its
					 discretion, may deny licensure to any applicant wherein the board deems the
					 applicant is unfit or unsuited to engage in the operation of a barbering,
					 cosmetology, nail, or waxing school. The board will decide each case by taking
					 into account the totality of the circumstances. Any plea of nolo contendere or
					 comparable plea shall be considered a disciplinary action for the purposes of
					 this section. The applicant shall provide a certified copy of a final order,
					 decree, or case decision by a court, regulatory agency, or board with the
					 lawful authority to issue such order, decree, or case decision, and such copy
					 shall be admissible as prima facie evidence of such disciplinary action.
2. The applicant shall disclose
				  the applicant's physical address. A post office box is not
				  acceptable.
3. The applicant shall
				  sign, as part of the application, a statement certifying that the applicant has
				  read and understands the Virginia barber and cosmetology license laws and this
				  chapter.
4. In accordance with
				  §
											54.1-204
				  of the Code of Virginia, each applicant shall disclose the following
				  information about the firm and all members of the responsible management
				  regarding criminal convictions in Virginia and all other jurisdictions:
a. All misdemeanor convictions involving
				  moral turpitude, sexual offense, non-marijuana drug distribution, or physical
				  injury within two years of the date of the application; and
b. All felony convictions within 20 years of
				  the date of application.
Any plea of nolo contendere shall be considered a
					 conviction for purposes of this subsection. The record of a conviction received
					 from a court shall be accepted as prima facie evidence of a conviction or
					 finding of guilt. The board, in its discretion, may deny licensure to any
					 applicant in accordance with §
													54.1-204
					 of the Code of Virginia.
5. The applicant shall disclose the firm's
				  responsible management.