Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 126. Barbering And Cosmetology Licensing (heading. Pl 1991, C. 397, @6 (new))

USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 126. BARBERING AND COSMETOLOGY LICENSING (HEADING. PL 1991, c. 397, @6 (new))

Title 32 - §14201. Short title

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1991, c. 397, @6 (new))

§14201. Short title

This chapter may be known and cited as the "Barbering and Cosmetology Licensure Act." [1991, c. 397, §6 (new).]
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Title 32 - §14202. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1991, c. 397, @6 (new))

§14202. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1991, c. 397, §6 (new).]

1. Apprentice. [1993, c. 630, Pt. B, §12 (rp).]

2. Board. "Board" means the Board of Barbering and Cosmetology. [1991, c. 397, §6 (new).]

3. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [1991, c. 397, §6 (new).]

3-A. Demonstrator. "Demonstrator" means a person who is licensed to practice cosmetology, barbering, aesthetics or manicuring and engages in performing demonstrations outside establishments licensed by the board in the use of machines, articles or techniques pertaining to practices licensed under this chapter. The term "demonstrator" does not include one who performs demonstrations solely for persons currently licensed to practice cosmetology, barbering, aesthetics or manicuring under this chapter or under the licensing provision of any other state. [1995, c. 80, §1 (new).]

4. Department. "Department" means the Department of Professional and Financial Regulation. [1991, c. 397, §6 (new).]

5. Establishment; shop." Establishment" or "shop" means a beauty shop or salon, cosmetology shop or salon, barber shop or salon or hair styling shop or salon, or any premises, structure, building or part of a building where any activity licensed under this chapter is practiced. [1991, c. 397, §6 (new).]

6. Mobile shop. "Mobile shop" means a mobile vehicle or mobile structure designed, constructed or adapted to serve as a shop at a number of sites and capable of being readily moved from any site at any time. [1991, c. 397, §6 (new).]

7. Practice of aesthetics. "The practice of aesthetics" means the performance by any person for hire or compensation of any one or a combination of the following practices:

A. Beautifying, massaging, cleansing, stimulating, toning, or exercising the skin of the human body by the use of cosmetic preparations, tonics, lotions, creams, antiseptics or clays or any device, electrical or otherwise, for the care of the skin; [1991, c. 397, §6 (new).]

B. Applying makeup or eyelashes to any person; or [1991, c. 397, §6 (new).]

C. Trimming or tinting eyebrows and eyelashes. [1991, c. 397, §6 (new).]

The practice of aesthetics under this subsection does not include the diagnosis, treatment or therapy of any dermatological condition. [1991, c. 397, §6 (new).]

8. Practice of barbering. "The practice of barbering" means any one or any combination of the following practices, when done for hire or compensation, upon the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments:

A. Shaving or trimming the beard, manicuring the fingernails, or cutting, arranging, waving or styling the hair; [1991, c. 397, §6 (new).]

B. Giving facial and scalp massage or treatments with cosmetic preparations, either by hand or mechanical or electrical appliances; [1991, c. 397, §6 (new).]

C. Singeing, dyeing, tinting, bleaching or shampooing the hair or applying cosmetic preparations to the hair, scalp, face, neck or upper part of the body; [1991, c. 397, §6 (new).]

D. Removing superfluous hair from the face, neck or upper part of the body; or [1991, c. 397, §6 (new).]

E. Cutting, fitting, coloring or styling hairpieces or wigs. [1991, c. 397, §6 (new).]

[1991, c. 397, §6 (new).]

9. Practice of cosmetology. "The practice of cosmetology" means the performance by any person for hire or compensation of any one or more of the following practices:

A. Beautifying, massaging, cleansing, stimulating, toning, manipulating or exercising the skin of the human body by the use of cosmetic preparations, tonics, lotions, creams, antiseptics, or clays or any device, electrical or otherwise, for the care of the skin; [1991, c. 397, §6 (new).]

B. Applying makeup or eyelashes to any person; [1991, c. 397, §6 (new).]

C. Manicuring or pedicuring the nails of any person; [1991, c. 397, §6 (new).]

D. Arranging, dressing, curling, waving, cleansing, cutting, trimming, removing, singeing, bleaching, coloring, relaxing or similarly treating the hair of any person; [1991, c. 397, §6 (new).]

E. Arranging, brushing, dressing, curling, waving, cleansing, shampooing, cutting, trimming, singeing, bleaching, coloring, tinting, dyeing, straightening, relaxing or similarly treating a wig, wiglet or hairpiece made of human hair, animal hair or synthetics; or [1991, c. 397, §6 (new).]

F. Teaching or demonstrating cosmetology, hairdressing or beauty culture. [1991, c. 397, §6 (new).]

[1991, c. 397, §6 (new).]

10. Practice of manicuring. "The practice of manicuring" means the performance by any person for hire or compensation of any one or more of the following practices:

A. Applying the hands or mechanical or electrical apparatus with or without cosmetic preparations, lotions, creams or antiseptics to cut, trim, shape, pedicure, polish, color, tint or apply artificial nails to the nails of any person or to massage, cleanse or beautify the hands or feet of any person. [1991, c. 397, §6 (new).]

[1991, c. 397, §6 (new).]

11. Student. "Student" means any person duly enrolled in a school licensed by the board and engaged in learning and acquiring a knowledge of the practice of:

A. Cosmetology; [1991, c. 397, §6 (new).]

B. Barbering; [1991, c. 397, §6 (new).]

C. Aesthetics; or [1991, c. 397, §6 (new).]

D. Manicuring. [1991, c. 397, §6 (new).]

[1997, c. 210, §14 (amd).]

12. Tanning device. [1995, c. 187, §1 (rp).]

13. Trainee. "Trainee" means any person who is registered with the board and, under the direct supervision of a person licensed under this chapter in the same category as the training performed and in accordance with board rules, is engaged in learning and acquiring a knowledge of the practice of:

A. Cosmetology; [1993, c. 630, Pt. B, §13 (new).]

B. Barbering; [1993, c. 630, Pt. B, §13 (new).]

C. Aesthetics; or [1993, c. 630, Pt. B, §13 (new).]

D. Manicuring. [1993, c. 630, Pt. B, §13 (new).]

[RR 1993, c. 2, §35 (rnu).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14203. Exemptions; exceptions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1991, c. 397, @6 (new))

§14203. Exemptions; exceptions

1. Exemptions. The prohibitions and penalties of this chapter do not apply to the following persons when acting within the scope of their profession or occupation:

A. Persons authorized by law of this State to practice medicine and surgery and persons under the supervision and control of those persons; [1993, c. 179, §1 (amd).]

B. Commissioned medical officers of the United States Armed Forces; [1991, c. 397, §6 (new).]

C. Registered nurses, licensed practical nurses and nurse's aides; [1991, c. 397, §6 (new).]

D. Persons who practice upon members of their immediate families or on persons residing in their household and who receive no payment for such practice; [1993, c. 179, §1 (amd).]

E. Persons employed by licensed establishments who provide shampooing services within the licensed establishments; [1997, c. 210, §15 (amd).]

F. Persons employed to apply special make-up designed for theater lighting to a person who requires this make-up for an appearance in the theater or a movie, on television or as a model; and [1997, c. 210, §16 (amd).]

G. Persons licensed under chapter 21 who practice the funeral service profession on human remains in a licensed funeral establishment. [1997, c. 210, §17 (new).]

[1997, c. 210, §§15-17 (amd).]

2. Exceptions. The practice of cosmetology, barbering, aesthetics or manicuring may be carried on only by persons duly licensed to practice in this State and only in an establishment licensed by the board, except as provided in this subsection. Duly licensed persons may practice their respective practices:

A. On patients in hospitals or nursing homes; [1991, c. 397, §6 (new).]

B. On residents of summer camps; [1991, c. 397, §6 (new).]

C. On inmates or residents of institutions of the Department of Health and Human Services; [1991, c. 397, §6 (new); 1995, c. 560, Pt. K, §82 (amd); §83 (aff); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]

D. On invalids or handicapped persons in those persons' places of residence; [1991, c. 397, §6 (new).]

E. On residents of nursing homes; [1991, c. 397, §6 (new).]

F. On hotel or motel occupants in their hotel or motel rooms; [1991, c. 397, §6 (new).]

G. On persons in their residences; [1997, c. 210, §18 (amd).]

H. On persons in their private businesses; and [1997, c. 210, §19 (amd).]

I. On human remains in licensed funeral establishments. [1997, c. 210, §20 (new).]

The exceptions listed in this subsection do not permit the practice of barbering, cosmetology, manicuring or aesthetics in food establishments or food preparation areas. [1997, c. 210, §§18-20 (amd); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14204. Instructors

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1991, c. 397, @6 (new))

§14204. Instructors

A person may not instruct in any of the branches of aesthetics, barbering, cosmetology or manicuring unless that person holds a valid license to practice and is authorized to instruct in each respective practice issued under this chapter, except that when specifically authorized by law, physicians may instruct without holding a license to practice in a branch of aesthetics, barbering, cosmetology or manicuring. [1999, c. 386, Pt. U, §1 (amd).] div>
The board shall adopt rules for the qualification and examination of applicants for licensure as instructors of barbering or cosmetology in accordance with Title 5, chapter 375, subchapter II. [1997, c. 210, §21 (amd).] div>
Upon satisfactory completion of an instructor examination, the applicant must pay a fee to be authorized to instruct. [1999, c. 386, Pt. U, §1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14205. Violations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1991, c. 397, @6 (new))

§14205. Violations

1. Penalties. A person commits a Class E crime if that person:

A. Practices barbering, cosmetology, manicuring or aesthetics in this State without having obtained a license as provided by this chapter; [1991, c. 397, §6 (new).]

B. Employs a person to practice barbering, cosmetology, manicuring or aesthetics who does not have a license, unless that person is a trainee within the meaning of this chapter; or [1993, c. 630, Pt. B, §14 (amd).]

C. Falsely professes to be qualified to practice barbering, cosmetology, manicuring or aesthetics under this chapter. [1991, c. 397, §6 (new).]

[1993, c. 630, Pt. B, §14 (amd).]

2. Court action. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted. [1991, c. 397, §6 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14211-A. Board

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 2: BOARD OF BARBERING AND COSMETOLOGY (HEADING: PL 1991, c. 397, @6 (new))

§14211-A. Board

1. Membership. The Board of Barbering and Cosmetology, as established by Title 5, section 12004-A, subsection 6, consists of 8 members appointed by the Governor. Two members must be representatives of the public; 2 must be licensed and practicing cosmetologists; one must be a licensed and practicing barber; one must be a licensed instructor that has at least 3 years of instructing experience and no current affiliation with any school currently licensed in the State; one must be a licensed and practicing manicurist; and one must be a licensed and practicing aesthetician. [2005, c. 235, §5 (amd).]

2. Term. Appointments are for 3-year terms and must comply with section 60. A member may be removed by the Governor for cause. [1997, c. 771, §8 (new).]

3. Qualifications. Each member of the board must be a citizen of the United States and a resident of this State. The cosmetologist and barber members must be currently licensed by the State and have engaged in active practice of their profession for at least 4 years immediately prior to appointment. The cosmetologist and barber members must hold valid licenses and must be actively engaged in the practice of cosmetology or barbering while serving on the board. [1997, c. 771, §8 (new).]

4. Meetings; quorum. The board shall meet at least once a year to conduct its business. Additional meetings may be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. A majority of the board constitutes a quorum for all purposes. [1997, c. 771, §8 (new).]

5. Conflict of interest. [2005, c. 235, §6 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14211. Board (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 2: BOARD OF BARBERING AND COSMETOLOGY (HEADING: PL 1991, c. 397, @6 (new))

§14211. Board (REPEALED)

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Office of the Revisor of Statutes
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Title 32 - §14212. Powers and duties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 2: BOARD OF BARBERING AND COSMETOLOGY (HEADING: PL 1991, c. 397, @6 (new))

§14212. Powers and duties

The board has the following powers and duties, in addition to those otherwise set forth in this chapter. [1991, c. 397, §6 (new).]

1. Board to administer, coordinate and enforce. The board shall administer, coordinate and enforce this chapter, evaluate the qualifications and supervise the examinations of applicants for licensure under this chapter and, at its discretion, investigate allegations of violations of this chapter. The board shall keep such records and minutes as necessary to the ordinary dispatch of its functions. A member of the board or a department employee may enter and make reasonable examination of any licensed establishment during business hours for the purpose of ascertaining whether or not this chapter and board rules are being observed. [1991, c. 397, §6 (new).]

2. Rules. The board shall adopt, in accordance with the Maine Administrative Procedure Act, rules necessary to carry out the purposes of this chapter. The rules must address, but are not limited to, the following:

A. The proper use of appliances, apparatus, and electrical and nonelectrical machines used in connection with the practice of cosmetology, barbering, manicuring and aesthetics; [1991, c. 397, §6 (new).]

B. Construction and safety of establishments; [1991, c. 397, §6 (new).]

C. Reasonable requirements, including sanitary standards, to govern the practice of cosmetology, barbering, manicuring and aesthetics within licensed establishments as well as for persons practicing outside of licensed establishments as authorized by section 14203; and [1991, c. 397, §6 (new).]

D. Requirements for licenses consistent with this chapter. [1991, c. 397, §6 (new).]

A copy of these rules must be kept posted in a conspicuous place within licensed establishments so as to be easily read by customers. [1991, c. 397, §6 (new).]

3. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as the board otherwise determines necessary to fulfill its responsibilities under this chapter. The board may not refuse to renew a license for any reason other than failure to pay the required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without hearing for any reason other than failure to pay a required fee, as long as the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts. [1991, c. 397, §6 (new).]

4. Diseases. A person who has a communicable disease may not give service to members of the public, including service within licensed establishments or schools licensed by the board. The board has the right to require the physical examination of any person who is suspected of having any communicable disease. Failure to submit to such an examination is grounds for suspension or revocation of the person's registration, certification, permit or license. [1997, c. 210, §22 (amd).]

5. Contracts. [1995, c. 397, §121 (rp).]

6. Reports. The board shall submit to the commissioner, no later than August 1st of each year, an annual report of its operations and financial position for the preceding fiscal year ending June 30th, together with those comments and recommendations that the board determines essential. [1991, c. 397, §6 (new).]

7. Budget. [1995, c. 397, §121 (rp).]

8. Complaints. The board shall investigate or cause to be investigated all complaints made on its own motion or on written complaint filed with the board and all cases of noncompliance with or violation of this chapter or any rules adopted by the board. [1991, c. 397, §6 (new).]

9. Officers. The board shall elect annually from among its members a chair, vice-chair and other officers as it determines necessary. The board shall appoint a person to serve as complaint officer. [1991, c. 397, §6 (new).]

10. Examinations.. [1997, c. 210, §23 (rp).]

11. Inspections. The board or its agents shall conduct random inspections of licensed establishments and booths as considered necessary for compliance with the applicable requirements of this chapter and the applicable rules of the board adopted pursuant to this chapter. [2001, c. 599, §2 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14213. Register

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 2: BOARD OF BARBERING AND COSMETOLOGY (HEADING: PL 1991, c. 397, @6 (new))

§14213. Register

The board shall keep a register of the names and residences of all persons licensed under this chapter and a record of all money received and disbursed by it. The register of licensees must be available to the public at cost. [1991, c. 397, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14214. Disposition of fees (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 2: BOARD OF BARBERING AND COSMETOLOGY (HEADING: PL 1991, c. 397, @6 (new))

§14214. Disposition of fees (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 32 - §14224. General provisions; licenses and permits

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14224. General provisions; licenses and permits

1. Practice; license required. A person may not practice cosmetology, barbering, manicuring or aesthetics in this State unless that person has first obtained a license as provided in this chapter or unless that person is acting within the scope of employment as a trainee. [1993, c. 630, Pt. B, §15 (amd).]

2. Operation of shop; license required. A person, firm or corporation may not provide services in, operate or cause to be operated a shop where cosmetology, barbering, manicuring or aesthetics is practiced unless that shop has been duly licensed by the board. A license issued pursuant to this subsection authorizes the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location is unlawful unless a license for the new location has been obtained in compliance with this chapter and applicable board rules. Booths attached to or within a licensed shop that are operated independently are subject to licensure, fees and applicable rules in the same manner as independent shops. The board may establish rules for the operation of booths. Shop licenses are issued on July 1st and must be renewed biennially unless otherwise provided by the commissioner. The fee is payable to the board. [1997, c. 622, §1 (rpr).]

2-A. Operation of tanning device; public access. An establishment in which a tanning device as that term is defined in rules adopted by the Department of Health and Human Services is operated on the effective date of this subsection is not required to partition off the working area of the establishment or maintain a separate entrance in order to provide public access to the tanning device. If such an establishment undergoes a material alteration or adds more tanning devices, then the establishment may be prohibited from providing public access to the tanning device through the working area. [1995, c. 187, §2 (amd); 2003, c. 689, Pt. B, §6 (rev).]

2-B. Change of ownership; change of location. The owner of a new shop is required to apply to the board for licensure of that shop. The owner of a licensed shop that undergoes a change in location is required to reapply to the board for licensure. The owner or owners of a licensed shop that undergoes a change in ownership shall notify the board within 7 days of the change. If a shop has more than one owner and the change in ownership results from the death or divorce of one of the owners, the notice must be provided to the board as set forth in subsection 2-C. Whenever there is a change of ownership, the shop license is valid for 30 days from the transaction date to allow the new owner to comply with this section. [1997, c. 622, §2 (new).]

2-C. Ownership changes resulting from death or divorce of an owner. If a licensed shop has more than one owner and ownership changes as a result of the death or divorce of one of the owners, the board shall reissue the license for the remaining license period as long as a remaining owner is named on the existing license and the board is notified within 30 days of the divorce decree or the date of death. A shop license is valid for 60 days following the death of the person in whose name the shop is licensed. [1997, c. 622, §2 (new).]

2-D. Special inspections. A shop that requires a special inspection, such as a new shop or a shop that changes location or ownership, may be assessed a separate inspection fee. [1997, c. 622, §2 (new).]

3. Trainee. A trainee cosmetologist, barber, manicurist or aesthetician registered pursuant to section 14232 may not independently conduct a practice but may, as a trainee, do any or all acts constituting the practice under the immediate personal supervision of a person duly licensed and approved by the board in a licensed shop. Only one trainee may be employed in any licensed shop at any time. [1993, c. 630, Pt. B, §15 (amd).]

4. Student registration required. A student enrolled in the study of cosmetology, barbering, manicuring or aesthetics must be registered with the board pursuant to section 14233. [1999, c. 386, Pt. U, §2 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14225. Special mobile shop license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14225. Special mobile shop license

The board may, subject to section 14112, adopt rules authorizing the issuance of special mobile shop licenses, including requirements for mobile shops, locations for these shops and any other rules that the board considers necessary. [1991, c. 397, §6 (new).] div>
A special mobile shop license issued pursuant to this section must set out on the license the area in which that mobile shop is authorized to operate and any other special requirements or restrictions to which that license is subject. A separate license must be obtained for each municipality in which a mobile shop operates. [1991, c. 397, §6 (new).] div>
A mobile shop may not be licensed to operate in any municipality where a licensed shop is in operation prior to the issuance of the special mobile shop license, or in any municipality adjacent to a municipality where a licensed shop is in operation prior to the issuance of the special mobile shop license. [1991, c. 397, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14226. Qualifications; cosmetology

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14226. Qualifications; cosmetology

A person is eligible to obtain a license under this chapter for the practice of cosmetology if that person: [1991, c. 397, §6 (new).]

1. Age. Is at least 17 years of age; [1991, c. 397, §6 (new).]

2. Education. Has satisfactorily completed the 10th grade in a secondary school or its equivalent; [1991, c. 397, §6 (new).]

3. Training. Has satisfactorily completed a course of instruction in cosmetology of 1,500 hours in not less than 9 months in a school licensed by the board or has experience in the practice of cosmetology as a trainee of 2,500 hours distributed over a period of at least 18 months; and [1997, c. 210, §24 (amd).]

4. Examination. Has satisfactorily passed an examination in subjects the board considers necessary to determine the fitness of the applicant to practice. The board shall establish the passing score for all examinations.

A. [1997, c. 210, §25 (rp).]

B. Within 90 days of notification of passing an examination, the applicant must pay a fee established by the board to receive a first license. The first license is valid until the next renewal period. The board has the authority to waive the 90-day time period for extenuating circumstances. If not successful, the applicant may take subsequent examinations held within a period of one year from the date of the applicant's first examination. An applicant who fails to pass an examination within one year from the applicant's first examination may take another examination at a time and under the conditions that the board determines. [1997, c. 210, §26 (amd).]

[1997, c. 210, §§25, 26 (amd).]
div>
Any person licensed as a barber pursuant to this chapter and who has satisfactorily completed a course of instruction in cosmetology of at least 500 hours in a school licensed by the board or has experience in the practice of cosmetology as a trainee of at least 900 hours is eligible for examination. [1997, c. 210, §27 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14227. Qualifications; barbering

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14227. Qualifications; barbering

A person is eligible to obtain a license under this chapter for the practice of barbering if that person: [1991, c. 397, §6 (new).]

1. Age. Is at least 17 years of age; [1991, c. 397, §6 (new).]

2. Education. Has satisfactorily completed the 10th grade in a secondary school or its equivalent; [1991, c. 397, §6 (new).]

3. Training. Has satisfactorily completed a course of instruction in barbering of 1,500 hours in not less than 9 months in a school licensed by the board or has experience in the practice of barbering as a trainee of 2,500 hours distributed over a period of at least 18 months; and [1997, c. 210, §28 (amd).]

4. Examination. Has satisfactorily passed an examination in subjects the board considers necessary to determine the fitness of the applicant to practice. The board shall establish the passing score for all examinations.

A. [1997, c. 210, §29 (rp).]

B. Within 90 days of notification of passing an examination, the applicant must pay a fee established by the board to receive a first license. The first license is valid until the next renewal period. The board has the authority to waive the 90-day time period for extenuating circumstances. If not successful, the applicant may take subsequent examinations held within a period of one year from the date of the applicant's first examination. Any applicant who fails to pass an examination within one year from the applicant's first examination may take another examination at a time and under the conditions that the board determines. [1997, c. 210, §30 (amd).]

[1997, c. 210, §§29, 30 (amd).]
div>
Any person licensed as a cosmetologist pursuant to this chapter and who has satisfactorily completed a course of instruction in barbering of at least 500 hours in a school licensed by the board or has experience in the practice of barbering as a trainee of at least 900 hours is eligible for examination. [1997, c. 210, §31 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14228. Qualifications; aesthetics

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14228. Qualifications; aesthetics

A person is eligible to obtain a license under this chapter for the practice of aesthetics if that person: [1991, c. 397, §6 (new).]

1. Age. Is at least 17 years of age; [1991, c. 397, §6 (new).]

2. Education. Has satisfactorily completed the 10th grade in a secondary school or its equivalent; [1991, c. 397, §6 (new).]

3. Training. Has satisfactorily completed a course of instruction in aesthetics of 600 hours in not less than 3 months in a school licensed by the board or has experience in the practice of aesthetics as a trainee of up to 1,000 hours distributed over a period of at least 6 months. The board shall establish by rule the specific number of hours of course work required up to a maximum of 600 hours. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A; and [2001, c. 260, Pt. G, §1 (amd).]

4. Examination. Has satisfactorily passed an examination in subjects the board considers necessary to determine the fitness of the applicant to practice. The board shall establish the passing score for all examinations.

A. [1997, c. 210, §33 (rp).]

B. Within 90 days of notification of passing an examination, the applicant must pay a fee established by the board to receive a first license. The first license is valid until the next renewal period. The board has the authority to waive the 90-day time period for extenuating circumstances. If not successful, the applicant may take subsequent examinations held within a period of one year from the date of the applicant's first examination. Any applicant who fails to pass an examination within one year from the applicant's first examination may take another examination at a time and under the conditions that the board determines. [1997, c. 210, §34 (amd).]

[1997, c. 210, §§33, 34 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14229. Qualifications; manicuring

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14229. Qualifications; manicuring

A person is eligible to obtain a license under this chapter for the practice of manicuring if that person: [1991, c. 397, §6 (new).]

1. Age. Is at least 17 years of age; [1991, c. 397, §6 (new).]

2. Education. Has satisfactorily completed the 10th grade in a secondary school or its equivalent; [1991, c. 397, §6 (new).]

3. Training. Has satisfactorily completed a course of instruction in manicuring of 200 hours in not less than 5 weeks in a school licensed by the board or has experience in the practice of manicuring as a trainee of 400 hours distributed over a period of at least 10 weeks; and [1997, c. 210, §35 (amd).]

4. Examination. Has satisfactorily passed an examination in subjects the board considers necessary to determine the fitness of the applicant to practice. The board shall establish the passing score for all examinations.

A. [1997, c. 210, §36 (rp).]

B. Within 90 days of notification of passing an examination, the applicant must pay a fee established by the board to receive a first license. The first license is valid until the next renewal period. The board has the authority to waive the 90-day time period for extenuating circumstances. If not successful, the applicant may take subsequent examinations held within a period of one year from the date of the applicant's first examination. Any applicant who fails to pass an examination within one year from the applicant's first examination may take another examination at a time and under the conditions that the board determines. [1997, c. 210, §37 (amd).]

[1997, c. 210, §§36, 37 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14230. Temporary permit

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14230. Temporary permit

If an applicant to practice cosmetology, barbering, manicuring or aesthetics qualifies for examination, the board may issue to that applicant a permit to practice under the direct supervision of a qualified supervisor, as determined by board rules, within a licensed shop. The applicant must pay a permit fee in an amount established by the board. A permit expires 6 months from the date of issuance and is not renewable. The applicant is not considered a trainee. [1997, c. 210, §38 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14231. Reciprocity with other states

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14231. Reciprocity with other states

The board shall waive the examination and grant a license to any applicant who presents proof of being authorized to practice by another state or other jurisdiction of the United States or another country that maintains professional standards considered by the board to be equivalent to or higher than those set forth in this chapter, as long as no cause exists for denial of a license under section 14236. Such an applicant must pay the fee as provided in section 14238. [1993, c. 287, §1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14232. Trainees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14232. Trainees

1. Registration. Each trainee must submit an application for registration to the board on a form prescribed and supplied by the board. The application must be accompanied by a registration fee set by the board. The registration for each type of training expires as indicated below.

A. A cosmetology trainee registration expires 18 months from date of issuance. [1993, c. 630, Pt. B, §23 (amd).]

B. A barber trainee registration expires 18 months from date of issuance. [1993, c. 630, Pt. B, §23 (amd).]

C. A manicurist trainee registration expires 6 months from date of issuance. [1993, c. 630, Pt. B, §23 (amd).]

D. An aesthetician trainee registration expires 12 months from date of issuance. [1993, c. 630, Pt. B, §23 (amd).]

The board shall furnish to each registered trainee a trainee registration. A trainee registration is renewable upon payment of the registration fee. The registration must be displayed as provided for licenses in section 14235. The term "trainee" must appear in conspicuous print upon the registration. To obtain a license, a trainee, upon completion of the required training in accordance with this chapter, must file application for examination at the next examination held by the board. [1993, c. 630, Pt. B, §23 (amd).]

2. Filing with the board. Before beginning training, a trainee must file with the board:

A. The employer's name, shop name and address; [1991, c. 397, §6 (new).]

B. The date that the training will begin; [1993, c. 630, Pt. B, §23 (amd).]

C. The type of training, such as cosmetology, barbering, manicuring or aesthetics; [1993, c. 630, Pt. B, §23 (amd).]

D. Evidence of age; and [1991, c. 397, §6 (new).]

E. Evidence of satisfactory completion of the 10th grade or its equivalent. [1991, c. 397, §6 (new).]

Trainees who change their place of employment must notify the board, within 5 days of the change, of the name and place of business of the new employer and the date of the change. [1993, c. 630, Pt. B, §23 (amd).]

3. Courses of instruction. A trainee may take courses of instruction in a licensed school without having to register as a student as provided in this chapter. Hours or time accumulated in a school may not be combined with the required training hours and time. [1993, c. 630, Pt. B, §23 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14233. Registered students

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14233. Registered students

Schools licensed by the board shall register students in accordance with rules established by the board. [1999, c. 386, Pt. U, §4 (amd).] div>
To be eligible for registration, the student must be at least 16 years of age and have satisfactorily completed the 10th grade or its equivalent. Evidence of the student's eligibility and enrollment in the school must be provided on a form provided by the board. [1999, c. 386, Pt. U, §4 (amd).] div>
All training or services rendered to a member of the public by a student must be under the direct supervision of a duly licensed instructor in a licensed school. [1991, c. 397, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14234. Demonstrators

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14234. Demonstrators

A person may not perform demonstrations unless licensed by the board. The board shall adopt rules that describe the articles, machines or techniques that may be demonstrated outside the licensed establishment. All demonstrations must be performed in a safe and sanitary manner for the protection of the public. Licenses must be renewed on or before July 1st biennially. A license is not required for persons who perform demonstrations in a licensed establishment or solely to licensed persons. [1995, c. 80, §2 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14235. Licenses; renewal

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14235. Licenses; renewal

The board shall furnish to each licensed cosmetologist, barber, manicurist or aesthetician a license certifying that the holder of that license is entitled to practice in this State. The holder of a license shall post it in a conspicuous place where it may be readily seen and read by all persons served. The reproduction, altering or defacing of any license is prohibited. [1991, c. 397, §6 (new).] div>
Licensees must renew their licenses on or before July 1st biennially by filing an application prescribed by the board and payment of the required renewal fee as set forth in section 14238. The expiration dates for licenses issued under this chapter may be established by the commissioner. [1991, c. 397, §6 (new).] div>
A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee as set forth in section 14238 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board, after giving due consideration to the protection of the public, may waive requirements. The board may assess a penalty fee for a renewal more than 90 days after a license expiration date. [1991, c. 397, §6 (new).] div>
Notwithstanding any other provision of this chapter, the board must waive examination if a renewal application is made by a person within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, if that person failed to renew a license because of active duty in the armed forces. The waiver of examination may not be granted if the person served more than 4 years in the armed forces, unless the board is presented with satisfactory evidence that the applicant was required by law to serve that period. [1991, c. 397, §6 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14236. Investigation of complaints; suspension, revocation and refusal to issue or renew

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14236. Investigation of complaints; suspension, revocation and refusal to issue or renew

1. Investigations. The board shall investigate or cause to be investigated a complaint on its own motion or upon receipt of a written complaint filed with the board regarding noncompliance with board rules or violations of this chapter. Any person may register a complaint of fraud, deceit, gross negligence, incompetence or misconduct against any person licensed or required to be licensed under this chapter. These complaints must be in writing and filed with the board. [1991, c. 397, §6 (new).]

2. Refusal to issue or renew. The board may refuse to issue or renew a license or take any other action pursuant to Title 10, section 8003, subsection 5 on a finding that the applicant, licensee or registrant:

A. Obtained a registration or a license by means of fraud, misrepresentation or concealment of material facts; [1991, c. 397, §6 (new).]

B. Violated any lawful order or rule adopted by the board; [1991, c. 397, §6 (new).]

C. Violated any provision of this chapter; [1991, c. 397, §6 (new).]

D. Was convicted of a crime in any court, other than minor traffic violations, if the acts for which the person was convicted are found by the board to have a direct bearing on whether the person should be entrusted to serve the public in a capacity that is subject to license or registration under this chapter, subject to the limitations of Title 5, chapter 341; or [1991, c. 397, §6 (new).]

E. While serving customers, committed an act of gross negligence, incompetence or misconduct that was dangerous or injurious, or was potentially so, to customers. [1991, c. 397, §6 (new).]

[1991, c. 397, §6 (new).]

3. Reinstatement. The board may reissue a license to any person whose license has been revoked, if 6 or more members of the board vote in favor of that reissuance. [1991, c. 397, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14237. Enforcement and disciplinary procedures

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14237. Enforcement and disciplinary procedures

1. Disciplinary procedures. The board shall adopt by rule a procedure for initiating and processing complaints. [1991, c. 397, §6 (new).]

2. Grounds for discipline. The board may take any disciplinary action authorized by this chapter based upon any one or more of the grounds set forth below:

A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered as a cosmetologist, barber, manicurist or aesthetician; [1991, c. 397, §6 (new).]

B. Addiction, as confirmed by professional diagnosis, to the use of alcohol or other drugs that has resulted or may result in the licensee being unable to perform duties or being unable to perform those duties in a manner that would not endanger the health or safety of the public to be served; [1991, c. 397, §6 (new).]

C. A professional diagnosis of mental incompetence; [1991, c. 397, §6 (new).]

D. Aiding or abetting a person not duly licensed in representing that person as a person licensed under this chapter; [1991, c. 397, §6 (new).]

E. Incompetence in the practice for which the person is licensed. A licensee is incompetent in the practice if the licensee has:

(1) Engaged in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or the general public; or

(2) Engaged in conduct that evidences a lack of knowledge of or inability to apply principles or skills to carry out the practice for which the person is licensed;
[1991, c. 397, §6 (new).]

F. Any negligence or misconduct in any of the practices licensed under this chapter; [1991, c. 397, §6 (new).]

G. Engaging in false, misleading or deceptive advertising; or [1991, c. 397, §6 (new).]

H. Violation of any provision of this chapter or any rule of the board. [1991, c. 397, §6 (new).]

[1991, c. 397, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14238. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 3: LICENSURE (HEADING: PL 1991, c. 397, @6 (new))

§14238. Fees

1. Fees. Application, examination, license, and related fees may be established by the board in amounts that are reasonable and necessary for their respective purposes. With the exception of the various application, examination, registration and permit fees collected as specified in this chapter, all fees are collected by the board on a biennial basis. The fees may not exceed the following amounts:

A. For each registered student, $25; [1999, c. 386, Pt. U, §5 (amd).]

B. For a temporary work permit, $25; [1991, c. 397, §6 (new).]

C. For a trainee registration, $25; [1993, c. 630, Pt. B, §24 (amd).]

D. For an original or biennial renewal of a shop license, $100; [1991, c. 397, §6 (new).]

E. For an original or biennial renewal of a cosmetology license, $100; [1991, c. 397, §6 (new).]

F. For an original or biennial renewal of a barber license, $100; [1991, c. 397, §6 (new).]

G. For an original or biennial renewal of a manicurist license, $100; [1991, c. 397, §6 (new).]

H. For an original or biennial renewal of an aesthetician license, $100; [1991, c. 397, §6 (new).]

I. For an original or biennial renewal of a demonstrator license, $100; [1991, c. 397, §6 (new).]

J. For an original or biennial renewal of authorization to instruct, $100; [1999, c. 386, Pt. U, §5 (amd).]

K. For a cosmetology, barber, manicurist, aesthetician or instructor examination, $100; [1991, c. 397, §6 (new).]

L. For special shop inspections, $40; [1991, c. 397, §6 (new).]

M. For a late fee, $30; [1997, c. 622, §3 (amd).]

N. For a late filing penalty fee for repeat offenders, $100; [1999, c. 386, Pt. U, §5 (amd).]

O. For reissuance of a shop license after an ownership change when at least one owner retains ownership, $10; [1999, c. 386, Pt. U, §5 (amd).]

P. For the application fee, $75; [1999, c. 386, Pt. U, §5 (new).]

Q. For a replacement or duplicate license, $10; and [1999, c. 386, Pt. U, §5 (new).]

R. For a certified verification of licensure, $20. [1999, c. 386, Pt. U, §5 (new).]

[1999, c. 386, Pt. U, §5 (amd).]

2. Investigation; enforcement duties. [1995, c. 397, §123 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14245. License required; penalties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 4: REGULATION OF SCHOOLS OF BARBERING AND SCHOOLS OF COSMETOLOGY (HEADING: PL 1997, c. 266, @18 (new))

§14245. License required; penalties

1. Requirement of license. Any person, partnership, association or corporation located either within or outside the State must obtain a license as specified under section 14246 from the board before operating or maintaining any school of barbering or school of cosmetology within the State or before collecting any tuition, fee or other charge for operating or maintaining such a school within the State. [1997, c. 266, §18 (new).]

2. Penalties. Any person, partnership, association or corporation that operates or maintains a school of barbering or school of cosmetology in violation of this subchapter, or represents itself as operating and maintaining such a school, is subject to a civil penalty of not more than $5,000, payable to the State, to be recovered in a civil act. [1997, c. 266, §18 (new).]

3. Enforcement actions. [1997, c. 771, §10 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14246. License application form; fee; bond

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 4: REGULATION OF SCHOOLS OF BARBERING AND SCHOOLS OF COSMETOLOGY (HEADING: PL 1997, c. 266, @18 (new))

§14246. License application form; fee; bond

1. Application requirements; licensing; bonding and revocation of license. The application for a license required by this subchapter must be made on forms furnished by the board and be accompanied by an application fee not to exceed $100 and a surety bond. For applicants that participate in state or federal financial aid programs, except the Federal Direct Student Loan Program under the federal Higher Education Act of 1965, 20 United States Code, Section 1087a et seq., the bond must be in favor of the Finance Authority of Maine. For all other applicants, the bond must be in favor of the board. The amount of the bond for a new applicant is $20,000. For renewal applicants, the amount of the bond must be equal to the greater of 10% of the applicant's gross receipts from tuition in the 12 months prior to the application for renewal or $20,000.

A. A license is valid for the calendar year in which it is issued. [1997, c. 266, §18 (new).]

B. The bond must be continuous and must provide indemnification to any student suffering loss as a result of any fraud, misrepresentation, violation of this subchapter or rules adopted under this subchapter or breach of contract. The bond must provide for written notification by the surety to the board in the event of cancellation. Cancellation of the bond by the surety, or payment under the bond by the surety to the board or the Finance Authority of Maine, results in the revocation of the license. The bond must also specifically provide that proceeds are available to pay tuition refunds to students or to student loan lenders on behalf of students eligible for those refunds pursuant to the policies of the school or state or federal law, rule or regulation. [1997, c. 771, §11 (amd).]

C. If one or more students notify the board or the Finance Authority of Maine of a claim the student has against the school for fraud, misrepresentation, breach of contract or refund due, or that the school has violated the provisions of this subchapter or applicable rules, or if any such event is discovered by the board or the Finance Authority of Maine from other sources and the holder of the bond has reason to believe the claim is valid, the holder may make a claim against the bond on behalf of the student or students affected, or on behalf of the board. The board and the Finance Authority of Maine have the concurrent right at any time to review the school's operations and all its records to determine if the school is in compliance with this subchapter and rules adopted under this subchapter, or to determine if any claim of a student against the school is valid. [1997, c. 771, §11 (new).]

[1997, c. 771, §11 (amd).]

2. License fee; renewal fee; renewal requirements. A fee not to exceed $500 is charged for the initial license and for the annual renewal of a license. Each submission for a license renewal must include the school's most recent financial audit conducted by a certified public accountant unaffiliated with the school. When a school does not participate in federal or state financial aid programs, internally prepared financial statements signed by the applicant are acceptable. Every renewal application must include a bond in the required amount. The board shall provide copies of the audit or financial statements and, in cases in which the bond is not in favor of the board, the original bond to the Finance Authority of Maine and may provide financial information regarding the school to other state agencies with an interest in the operation of the school. When a school applies for renewal of a license the school must certify that:

A. The school has included information in all school brochures and handbooks provided to students, and has posted information in a location in the school frequented by students advising students of their rights to receive refunds and where to direct any complaints the students have concerning their education; and [1997, c. 771, §11 (new).]

B. The school is in compliance with all applicable federal and state laws and regulations. [1997, c. 771, §11 (new).]

[1997, c. 771, §11 (amd).]

3. Definitions. As used in this section, the term "bond" means a bond, letter of credit or cash equivalent, acceptable to the holder, in its discretion. [1997, c. 771, §11 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14247. Rules

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 4: REGULATION OF SCHOOLS OF BARBERING AND SCHOOLS OF COSMETOLOGY (HEADING: PL 1997, c. 266, @18 (new))

§14247. Rules

The board shall adopt rules for the licensing of persons, partnerships, associations or corporations to maintain and operate schools of barbering and schools of cosmetology. The rules must include standards relating to educational programs, instructor qualifications, records and record keeping, health and sanitation, safety and physical facilities, payment of refunds, and notices and information to be provided to students. Rules adopted pursuant to this chapter are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [1997, c. 771, §12 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14248. On-site evaluations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 4: REGULATION OF SCHOOLS OF BARBERING AND SCHOOLS OF COSMETOLOGY (HEADING: PL 1997, c. 266, @18 (new))

§14248. On-site evaluations

The board shall conduct biennial on-site evaluations of schools to ensure compliance with this subchapter and applicable rules. The expense of the on-site evaluation must be borne by the school examined. This expense includes only the reasonable, necessary and proper hotel and travel expenses of the board member evaluators and staff and board member per diem. A school evaluated pursuant to this section must promptly pay to the board the expenses of the evaluation upon presentation of a reasonably detailed written statement of the expenses. [1997, c. 266, §18 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14249. Complaints; license; refusal to renew; suspension; revocation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 4: REGULATION OF SCHOOLS OF BARBERING AND SCHOOLS OF COSMETOLOGY (HEADING: PL 1997, c. 266, @18 (new))

§14249. Complaints; license; refusal to renew; suspension; revocation

The board may investigate complaints involving a school including any allegation of noncompliance with or violation of this subchapter and applicable rules. The board shall promptly notify the Finance Authority of Maine of any complaints involving student financial assistance. After a hearing in conformance with Title 5, chapter 375, subchapter IV, the board may amend or modify any license and may suspend or refuse to renew a license as provided in Title 5, section 10004. [1997, c. 771, §13 (amd).] div>
A board member may not participate in any on-site evaluation, complaint, hearing or license-related action that involves a school of barbering or a school of cosmetology with which the board member has or has had a direct relationship as a student, instructor, administrator or director or the board member has a direct pecuniary interest in the school. [1997, c. 266, §18 (new).] div>
The District Court may suspend or revoke the license of any person, partnership, association or corporation found to have violated any provision of this subchapter or any lawful order or rule issued by the board. [1997, c. 266, §18 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14250. Hearings

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 4: REGULATION OF SCHOOLS OF BARBERING AND SCHOOLS OF COSMETOLOGY (HEADING: PL 1997, c. 266, @18 (new))

§14250. Hearings

The board may not refuse to renew a license for any reason other than failure to pay the required renewal fee, unless the licensee has been given an opportunity for a hearing. [1997, c. 266, §18 (new).] div>
Hearings may also be conducted by the board at the board's discretion to assist with investigations of complaints to determine whether grounds exist for suspension, revocation, denial or nonrenewal of any license, or as otherwise determined necessary to fulfill the responsibilities under this subchapter. [1997, c. 266, §18 (new).] div>
The board may subpoena witnesses, records and documents in any hearing conducted pursuant to this subchapter. [1997, c. 266, §18 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14251. Enforcement actions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 4: REGULATION OF SCHOOLS OF BARBERING AND SCHOOLS OF COSMETOLOGY (HEADING: PL 1997, c. 266, @18 (new))

§14251. Enforcement actions

The State may bring an action in Superior Court to enjoin any person from violating this subchapter or rules adopted under this subchapter regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted. A violation of this subchapter or any rule adopted under this subchapter is prima facie evidence of a violation of the Maine Unfair Trade Practices Act. Responsible owners, officers and employees of licensees are personally liable to any person harmed by intentional violations of this subchapter or applicable rules, including violations of rules regarding the payment of refunds, for the amount of damage caused by the violation. [1997, c. 771, §14 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14252. Actions on behalf of students

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 126: BARBERING AND COSMETOLOGY LICENSING (HEADING: PL 1991, c. 397, @6 (new))
Subchapter 4: REGULATION OF SCHOOLS OF BARBERING AND SCHOOLS OF COSMETOLOGY (HEADING: PL 1997, c. 266, @18 (new))

§14252. Actions on behalf of students

In addition to other powers or remedies under this subchapter, the State may bring one or more actions in any state or federal court having jurisdiction on behalf of students harmed by fraud, misrepresentation, violation of this subchapter or applicable rules. The Finance Authority of Maine has concurrent power to bring one or more actions in any state or federal court having jurisdiction on behalf of students harmed by failure to pay refunds of tuition due from the school or its owners or employees. [1997, c. 771, §14 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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