Arizona Secretary of State - Ken Bennett


 
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TITLE 4. PROFESSIONS AND OCCUPATIONS

CHAPTER 5. BOARD OF BARBERS


Supp. 05-2

Authority: A.R.S. § 32-301 et seq.

 

Editor's Note: 4 A.A.C. 5 consists of new rules for the Board of Barbers that were made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

Editor's Note: 4 A.A.C. 5, formerly the rules for the Board of Barber Examiners, expired under A.R.S. § 41-1056(E) at 10 A.A.R. 2942, effective May 31, 2004. The rescinded Chapter, with Historical Notes, is on file in the Office of the Secretary of State (Supp. 04-2).

ARTICLE 1. GENERAL PROVISIONS

Article 1, consisting of R4-5-101 through R4-5-108, made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

Section

R4-5-101. Definitions

R4-5-102. Fees and Service Charges

R4-5-103. Fee Payment

R4-5-104. Safety and Sanitation Provisions

R4-5-105. Disinfectants: Approval; Usage Guidelines

R4-5-106. Change of Ownership or Location

R4-5-107. Inspections

R4-5-108. Licensing Time-frames

ARTICLE 2. EXAMINATION AND PRACTITIONER LICENSING

Article 2, consisting of R4-5-201 through R4-5-204, made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

Section

R4-5-201. Examinations

R4-5-202. Barber License Application

R4-5-203. Instructor License Application

R4-5-204. License Renewal

ARTICLE 3. SHOPS

Article 3, consisting of R4-5-301 through R4-5-304, made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

Section

R4-5-301. Shop License Application

R4-5-302. Shop Premises and Basic Equipment

R4-5-303. Shop Supervision

R4-5-304. Shop Mobile Units

ARTICLE 4. SCHOOLS

Article 4, consisting of R4-5-401 through R4-5-411, made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

Section

R4-5-401. Barber School Application

R4-5-402. Notification of Changes

R4-5-403. Use of "Accredited," "Approved," or Similar Terms

R4-5-404. School Premises and Basic Equipment

R4-5-405. School Operations and Enrollment

Exhibit 1. Required Age and Education Notice to a Barber Trainee

Exhibit 2. Required Age and Education Notice to an Instructor Trainee

R4-5-406. Student Training and Supervision

R4-5-407. School Curriculum

R4-5-408. School Records

R4-5-409. School Closure

R4-5-410. Multiple-location Schools

R4-5-411. Offsite Training Facility

ARTICLE 5. HEARINGS

Article 5, consisting of R4-5-501 through R4-5-502, made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

Section

R4-5-501. Hearing Procedures

R4-5-502. Rehearing and Review of Decision

ARTICLE 1. GENERAL PROVISIONS

R4-5-101. Definitions

The following definitions apply to this Chapter unless the context otherwise requires:

"Barbering implement" means any tool or device used for barbering.

"Diploma from a high school or its equivalent" means any of the following:

A document that certifies successful course completion from any accredited secondary school in the United States, a U.S. territory, the District of Columbia, or a foreign country;

A cumulative score of no fewer than 45 points on a General Education Development "GED" test;

A high school equivalency diploma that certifies successful passing of a General Education Development "GED" test; or

An academic degree from an accredited college or university in the United States, a U.S. territory, the District of Columbia, or a foreign country.

"Domestic administration" means barbering performed:

On oneself, or

On another person to whom the practitioner is related as follows:

Father,

Mother,

Grandfather,

Grandmother,

Child,

Step-child,

Brother,

Sister,

Foster parent,

Legal guardian,

Step-parent, or

Spouse.

"Dry sanitizer" means a container large enough to store any barbering implement that requires:

Sanitation by a Board-approved fumigant or ultraviolet radiation, and

Maintenance of the implement's sanitary condition.

"Establishment" means a distinct physical location but does not include an offsite training facility.

"Liquid sanitizer" means a container large enough to immerse completely any barbering implement that requires disinfectant by solution sanitization.

"One year's experience as a licensed barber" means that during any period of 12 consecutive months, a person:

Maintained a valid license prescribed under A.R.S. § 32-322, and

Engaged in barbering at least 1,200 hours.

"Owner" means a person who has controlling interest in a barber shop or school or the owner's designee.

"Patron" means a person who receives barbering services.

"Practiced barbering for at least two years" means that during any period of 24 consecutive months, a person engaged in barbering at least 1,200 hours during each 12-month consecutive period.

"Shop" has the meaning prescribed under A.R.S. § 32-301(6) and when used in this Chapter includes the term "salon."

"Study" means to receive classroom or practical instruction in a subject.

"Two years of high school education or its equivalent" means either of the following:

Receipt of 10 high school credits,

Receipt of an overall score of no fewer than 39 points on a GED test, or

Passing a GED test.

"Workstation" means a specific location within a shop, mobile unit, offsite training facility, or school where barbering is performed not including hair-cleaning activity.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-102. Fees and Service Charges

A. Under authority of A.R.S. § 32-328, the Board charges the following fees:

1. Barber:

a. Examination $100.

b. License by reciprocity $175.

c. Initial license $40.

d. Renewal valid for two years $80.

2. Instructor:

a. Examination $100.

b. Initial license $50.

c. Renewal valid for two years $60.

3. Shop:

a. Application and initial inspection $150.

b. Change of location $85.

c. Change of ownership $85.

d. Renewal $50.

4. Late-renewal penalty for any license issued under subsections (A)(1) through (A)(3):

a. First time in a five-year period $25.

b. Second time in a five-year period $50.

c. Third time in a five-year period $75.

5. School:

a. Application and initial inspection $1,000.

b. Change of location $500.

c. Change of ownership $500.

d. Renewal $400.

e. Late-renewal penalty:

i. First time in five-year period $50.

ii. Second time in five-year period $100.

iii. Third time in five-year period $150.

6. Re-examination fee for an examinee who failed part of an examination after an original fee assessment under subsection (A)(1)(a) or (A)(2)(a):

a. Written $25.

b. Practical $50.

7. A duplicate of any license issued under this Section $20.

B. The Board charges the following for copies of non-confidential records:

1. Name and address of licensee $.25 per licensee.

2. Public records $.50 per page.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-103. Fee Payment

A. A person shall pay any fee required by the Board in full, in cash, or certified instrument.

B. The Board shall consider a fee payment timely if:

1. The Board receives the fee on or before the date due; or

2. The fee is postmarked on or before the date due.

R4-5-104. Safety and Sanitation Provisions

A. A licensee under A.R.S. Title 32, Chapter 3, and this Chapter shall conduct the following safety and sanitation procedures:

1. Use barbering implements that are:

a. New if intended for use on a single patron and disposed of after use; or

b. In good repair and free of defect if intended for multiple use;

2. Sanitize any barbering implement intended for multiple use according to the following procedure:

a. For any immersible barbering implement other than a scissors or razor, a licensee shall:

i. Remove all hair or debris,

ii. Wash with soap and water,

iii. Completely immerse in a disinfectant solution that is approved and used as prescribed under R4-5-105,

iv. Rinse with water,

v. Dry completely, and

vi. Store in a dry sanitizer;

b. For a scissors or a razor, a licensee may follow the procedure under subsection (A)(2)(a) or wipe the implement with a cloth bearing a disinfectant solution approved and used as prescribed under R4-5-105. The licensee shall store an implement sanitized under this subsection in a dry sanitizer;

c. For a non-immersible barbering implement, a licensee shall wipe or spray any parts that contact a patron with a disinfectant solution approved and used as prescribed under R4-5-105. The licensee shall store an implement sanitized under this subsection in a dry sanitizer;

3. Dispense any barbering preparation listed under subsection (A)(3)(a) according to the procedure prescribed under subsection (A)(3)(b).

a. A barbering preparation under this subsection includes any:

i. Oil,

ii. Gel,

iii. Shampoo,

iv. Cream,

v. Antiseptic,

vi. Clay,

vii. Ointment, or

viii. Other preparation intended for use on a patron,

b. Preparation dispensing procedure. A licensee shall avoid direct manual contact with a barbering preparation by:

i. Using a manufacturer's dispensing device included with the original container; or

ii. Using a new disposable or sanitized reusable spoon, spatula, or other similar dispensing implement when no manufacturer dispensing device is included with the original container;

4. Maintain a sufficient quantity of uncontaminated sanitizing solution approved for use as prescribed under R4-5-105 at all times during the performance of barbering;

5. Maintain towels or cloths for patron use that are:

a. New and disposed immediately after use if intended for single use,

b. Sanitized by laundering if intended for multiple use,

c. Stored in a closed container when sanitized before use, and

d. Stored in a closed container separate from sanitized towels or cloths after use;

6. Maintain a separate covered receptacle for garbage and hair;

7. Maintain all barbering product containers with clear, correct labels indicating contents and intended use;

8. Wash hands with soap and water before serving each patron;

9. Not use a styptic pencil or lump alum in barbering;

10. Not reuse a neck strip, end paper, or depilatory wax on multiple patrons;

11. Use a neck strip to prevent a patron's neck from contacting a non-sanitized object; and

12. Store each neck duster not in use in a dry sanitizer.

B. In addition to licensee requirements under subsection (A), a licensed shop or school owner shall:

1. Ensure that flooring within six feet of each workstation is comprised of smooth, durable, and impervious material; and

2. Maintain all furniture and fixtures of each facility in a clean and orderly manner at all times.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-105. Disinfectants: Approval; Usage Guidelines

A. Approval. For barbering purposes, the Board approves any disinfectant, sanitation, or sterilization product or method registered by the U.S. Environmental Protection Agency for use as:

1. A virucide,

2. A bactericide, or

3. A fungicide.

B. Usage guidelines. Unless a product manufacturer's instructions specify otherwise, a licensee shall disinfect barbering implements according to the following guidelines:

1. Liquid sanitizing. A licensee shall use one or more of the following:

Solution type

Strength

Minimum immersion time

Quaternary Ammonium Compounds "Quats" - liquid or dissolved tablet

1:1000

20 minutes

Formalin

25%

10 minutes

Formalin

10%

20 minutes

Alcohol*: Ethyl, Grain, or Isopropanol

70%

10 minutes

Sodium Hypochlorite

10%

10 minutes

* Note: for sharp cutting implement or electrode sanitization

 

2. Dry sanitizing. A licensee shall use either of the following:

a. A fumigant prepared as a mixture of:

i. One tablespoon of borax; and

ii. One tablespoon, one premanufactured tablet, or one container of formalin; or

b. An ultraviolet-ray electric sanitizer manufactured specifically for sanitation purposes.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-106. Change of Ownership or Location

Within 15 days after a change in location or ownership of a shop or school, the new owner shall submit the following to the Board:

1. Written notification of the change;

2. A completed shop or school operation application; and

3. The applicable fee prescribed under R4-1-102(A)(3)(b), (A)(3)(c), (A)(5)(b), or (A)(5)(c).

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-107. Inspections

A. Applicability. This Section applies to any barbering establishment operating within Arizona.

B. Time of inspection. An inspector designated by the Board:

1. Shall inspect each establishment's premises at least twice per calendar year, and

2. May inspect an establishment at any time permitted under A.R.S. § 32-304(B)(2).

C. Inspection procedure. According to the requirements of A.R.S. Title 32, Chapter 3, and this Chapter, the Board's inspector shall document that:

1. Each applicable license is current and displayed as prescribed under A.R.S. § 32-351;

2. Equipment and barbering implements are present, clean, and in appropriate quantity to the number of employees in the establishment;

3. Each sanitary product and procedure is appropriately maintained by facility staff; and

4. All applicable statutes and rules are followed.

D. Inspection findings. An inspector shall submit a copy of a completed inspection report to:

1. The owner of the inspected establishment; and

2. The Board.

E. Disciplinary action. The Board shall follow disciplinary procedures prescribed under A.R.S. §§ 32-352 through 32-356 for any inspection finding indicating a violation of any provision under A.R.S. Title 32, Chapter 3, or this Chapter.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-108. Licensing Time-frames

A. Licensure and renewal. For purposes of A.R.S. § 41-1073(E)(2), the Board shall issue or deny all licenses and renewals under A.R.S. Title 32, Chapter 3, and this Chapter within seven days of receipt of an application except for an initial school license.

B. Initial school licensure. For purposes of A.R.S. Title 41, Chapter 6, Article 7.1, the Board shall issue an initial school license according to the following time-frame:

1. The overall time-frame for issuance of a license under this subsection is 60 days. The Board and an applicant may agree in writing to extend the substantive review time-frame and the overall time-frame.

2. The administrative completeness time-frame for a license under this subsection is 15 days beginning the day the Board receives a school license application.

a. The Board shall send notice of administrative completeness or deficiencies within the administrative completeness time-frame.

b. In a notice of deficiency, the Board shall list each deficiency and items required to complete the application.

c. The Board shall suspend for a maximum of 30 days the administrative completeness time-frame and the overall time-frame to provide the applicant time to submit the items specified in the notice of deficiency under subsection (B)(2)(b).

d. If the applicant fails to submit the deficient items within 30 days after the date of the notice of deficiency, the Board shall consider the application withdrawn.

3. The substantive review time-frame for a license under this subsection is 45 days beginning on the date of a notice of administrative completeness sent under subsection (B)(2)(a).

a. As part of the substantive review for a license under this subsection, the Board shall inspect the applicant's premises according to the procedure prescribed under R4-5-107.

b. The Board shall send a license or a written notice of denial to an applicant within the substantive review time-frame.

c. During the substantive review time-frame, the Board may send a single comprehensive written notice of request for additional information that includes a written statement of the additional information needed for the Board to make a decision.

d. An applicant shall submit all required information within 15 days after the date of a notice of request for additional information sent under subsection (B)(3)(c).

e. The Board may suspend the substantive review time-frame if the Board and applicant agree in writing to a specified amount of time necessary for the applicant to return all information required under subsection (B)(3)(c) to the Board. The Board shall not grant a substantive time-frame extension that exceeds the amount of time allowed under A.R.S. § 41-1075(B).

f. The Board shall close the file of an applicant if the applicant fails to submit all required information to the Board within:

i. The number of days specified under subsection (B)(3)(d); or

ii. The amount of time specified by written agreement under subsection (B)(3)(e) if applicable.

g. If the Board denies a license under this subsection, the Board shall send a written denial notice to the applicant that specifies each reason for denial.

4. A person denied a school license under this Section may immediately reapply according to the provisions of R4-5-401 and may appeal the denial under A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

ARTICLE 2. EXAMINATION AND PRACTITIONER LICENSING

R4-5-201. Examinations

In addition to requirements prescribed under A.R.S. § 32-324, the Board shall make the following provisions for any examination administered by the Board:

1. The Board shall send written notification of an assigned examination time and location to an applicant for a license under A.R.S. Title 32, Chapter 3, and this Chapter at least seven days before a scheduled examination.

2. Examination language provision. The Board shall:

a. Administer an examination under this Section in the English language; and

b. Allow an applicant to provide a personal foreign language interpreter that shall not be:

i. A currently or previously licensed barber or cosmetologist,

ii. A barber or cosmetology instructor, or

iii. A barber or cosmetology student in any state of the U.S. or foreign country.

3. Examination integrity provision. The Board shall not:

a. Provide advance disclosure of examination questions; or

b. Return a completed examination or other examination records kept by the Board to a school or applicant.

4. The Board shall dismiss an applicant from an examination under penalty of examination fee forfeiture if the applicant:

a. Cheats, or

b. Solicits any information from another person except the examiner.

5. The Board shall require re-examination if an applicant fails to apply for a license within one year after successfully completing an examination.

6. For purposes of an examination's practical portion, an applicant shall supply:

a. All necessary barbering implements and supplies; and

b. Any necessary live model who shall not be:

i. A currently or previously licensed barber or cosmetologist,

ii. A barber or cosmetology instructor, or

iii. A barber or cosmetology student in any state of the U.S. or foreign country.

7. If an applicant fails to pass a portion of an examination, the Board shall allow the applicant to review the failed portion of the examination if the applicant submits a written review request notice to the Board within 30 days after the examination.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-202. Barber License Application

A. On a form provided by the Board, an initial barber license applicant shall submit the following:

1. Full name;

2. Full address;

3. Telephone number;

4. Social Security number;

5. Birth date;

6. Name and location of high school attended;

7. Highest school grade completed;

8. Alternate school enrollment name if different from that provided under subsection (A)(1);

9. Dates of high school attendance;

10. Proof of an earned GED, if applicable;

11. A statement and explanation if the applicant has had a barber license suspended or revoked in the five-year period before the application date;

12. A statement of any current reciprocal license in another state and state name;

13. Any other information required by the Board; and

14. The applicant's verification that the information contained on the application is correct and complete, and the applicant's notarized signature.

B. In addition to the requirements under subsections (A), (D)(1), and (D)(2), the Board shall require the following information on a special application form if an applicant applies for licensure by examination:

1. A statement whether the applicant was ever previously a licensed barber in Arizona;

2. A statement whether the applicant was ever licensed as a barber or apprentice in another state or country and the state or country, if applicable;

3. The date of first barber or apprentice license;

4. The name and location of barber school attended;

5. Total number of earned credit hours;

6. Attendance dates;

7. Proof that the applicant graduated from barber school; and

8. The applicant's verification that the information contained on the special application is correct and complete, and the applicant's notarized signature.

C. In addition to the requirements under subsections (A), (D)(1), and (D)(2), an applicant for a barber license by reciprocity shall submit to the Board the following documentation:

1. Proof the applicant is at least 16 years old;

2. Proof of a minimum tenth grade education in one of the following forms:

a. A copy of a high school diploma;

b. A high school transcript or letter that verifies the minimum education requirement under this subsection;

c. Military discharge documentation that verifies the minimum education requirement under this subsection; or

d. A GED grade report indicating an overall passing grade as prescribed under R4-5-101 for two years of high school education or its equivalent;

3. A copy of a current barber license from a state that has a reciprocity agreement with Arizona; and

4. Documentation of at least one year of barbering work experience, notarized by the barber where the work was performed.

D. The Board shall require any applicant under this Section to submit the following application attachments:

1. A photograph as prescribed under A.R.S. § 32-322(A)(3) that is:

a. A professionally produced photograph of the applicant only;

b. U.S. passport sized; and

c. Signed by the applicant across the front, but without blocking the face;

2. The applicable fee in cash or by certified instrument for the type of license for which application is made.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-203. Instructor License Application

A. On a form provided by the Board, an applicant for a barbering instructor license shall submit the following:

1. Full name;

2. Full address;

3. Telephone number;

4. Birth date;

5. Current barber license number;

6. Name and address of barbering school attended for instructor training;

7. Total hours of instructor training;

8. Attendance dates;

9. An indication whether the applicant:

a. Completed more than one instructor examination in Arizona before the current application;

b. Has been a licensed instructor in any other country or state of the U.S.; and

c. Had a former instructor license suspended or revoked;

10. Name and location of high school attended;

11. Highest school grade completed;

12. Alternate school enrollment name if different from that provided under subsection (A)(1);

13. Dates of high school attendance;

14. Proof of an earned GED, if applicable;

15. Any other information required by the Board; and

16. The applicant's verification that the information contained on the license application is correct and complete, and the applicant's notarized signature.

B. An applicant shall submit the instructor license fee in cash or by certified instrument with the completed application.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-204. License Renewal

A. A licensee shall renew a license by submitting the renewal fee for the applicable license type as prescribed under R1-4-102(A)(1)(d), (A)(2)(c), (A)(3)(d), or (A)(5)(d) to the Board:

1. No earlier than 30 days before the expiration date; and

2. No later than midnight on the expiration date.

B. The licensee shall pay the fee according to R4-1-103.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

ARTICLE 3. SHOPS

R4-5-301. Shop License Application

A. Application time-frame. An applicant shall submit to the Board the items under subsections (B) and (C) no fewer than seven business days before the opening date of the applicant's shop.

B. On a form provided by the Board, a shop license applicant shall submit the following information:

1. Ownership information:

a. Name and Social Security number of an individual; or

b. Partnership or corporate name, names of the individuals comprising the partnership or corporation, and the tax identification number of the partnership or corporation;

2. Shop information:

a. Shop name,

b. Full physical address,

c. Telephone number,

d. A map of approximate shop location indicating the names of major cross streets, and

e. Any applicable corporate information that includes:

i. Corporate name if different from subsection (B)(2)(a);

ii. Name of contact person;

iii. Address of corporate headquarters; and

iv. Telephone number;

3. If known at the time of application, the name and license number of the barber who will manage the shop on behalf of the licensed owner;

4. A projected date for the Board's initial inspection;

5. Indicate the applicant's requested licensing action:

a. A new shop license;

b. A shop relocation; or

c. A change of ownership including the following information:

i. Former owner's name,

ii. Former shop name,

iii. Board file number, and

iv. A copy of the shop's bill of sale or the signature of the former owner on the application;

6. A listing of equipment in the applicant's shop including the total number of the following:

a. Barber chairs,

b. Sinks,

c. Dry sanitizers,

d. Liquid sanitizers,

e. Soiled-towel receptacles, and

f. Garbage and hair receptacles;

7. A description of the shop's floor covering;

8. An indication of whether the applicant's shop is or will be licensed by the Board of Cosmetology;

9. Any other information required by the Board; and

10. The applicant's verification that the information contained on the application is correct and complete, and the applicant's notarized signature.

C. Fee. In addition to a completed shop application form, an applicant shall submit to the Board in cash or by certified instrument the appropriate fee for the licensing action requested.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-302. Shop Premises and Basic Equipment

A shop owner shall ensure that each shop has at least the following equipment:

1. A sink that has hot and cold running water;

2. Soap and clean towels for use at each sink; and

3. A separate covered receptacle for the following:

a. Garbage and hair, and

b. Reusable towels or cloths that are soiled.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-303. Shop Supervision

A. A shop owner or supervising barber licensed under this Chapter shall ensure that:

1. Each employee, independent contractor, or supervisor that practices barbering in the shop has a current license that meets the requirements of A.R.S. § 32-322;

2. Each required license and the most recent Board inspector's record are displayed according to A.R.S. § 32-351(A); and

3. Each licensee complies with any applicable provision of A.R.S. Title 32, Chapter 3, and this Chapter.

B. The Board shall hold a shop owner and any supervising barber responsible for any violation of an applicable provision of A.R.S. Title 32, Chapter 3, or this Chapter.

C. A shop owner who is a licensed barber may directly supervise a shop.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-304. Shop Mobile Units

The Board shall license a mobile unit as a shop only if:

1. The unit is self-contained,

2. The mobile unit meets all requirements for a shop, and

3. The mobile unit's owner agrees to provide the Board with 15-day written or oral advance notice of the unit's proposed location or a change in location.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

ARTICLE 4. SCHOOLS

R4-5-401. Barber School Application

A. Application form. On a form provided by the Board, an applicant for a license to operate a barber school shall submit the following information:

1. School name;

2. Physical location address;

3. Telephone number;

4. Applicant information:

a. Name,

b. Address, and

c. Telephone number;

5. Owner information. If the school owner is other than the person specified under (A)(4), the applicant shall supply the following owner information:

a. Owner name,

b. Home address, and

c. Telephone number;

6. School manager information:

a. Name, and

b. Applicable barber or instructor license number;

7. An indication of whether the school is or will be licensed by the Board of Cosmetology;

8. An indication of the requested licensing action:

a. A new school license,

b. A school move, or

c. A change of ownership;

9. If the applicant indicates a school move under subsection (A)(8)(b):

a. The Board file number, and

b. The school's new address;

10. If the applicant indicates a change of ownership under subsection (A)(8)(c):

a. The Board file number,

b. The school's former name if applicable, and

c. A copy of the bill of sale or the signature of the former owner on the application;

11. A listing of equipment in the applicant's school including the total number of the following:

a. Barber chairs,

b. Sinks,

c. Dry sanitizers,

d. Liquid sanitizers,

e. Latherizers,

f. Soiled-towel receptacles,

g. Garbage and hair receptacles, and

h. Student lockers;

12. A description of the establishment's floor covering;

13. A projected ready date for the Board's initial inspection;

14. Any other information required by the Board; and

15. The applicant's verification that the information contained on the application is correct and complete, and the applicant's notarized signature.

B. Bond. An applicant for a license to operate a school shall attach to the completed application a copy of the bond in the amount required under A.R.S. § 32-325(C)(6).

C. Fee. In addition to a completed barber school application form, an applicant shall submit to the Board in cash or by certified instrument the appropriate fee for the applicant's indicated licensing action.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-402. Notification of Changes

A school owner shall send written notification and updated information to the Board within 15 days if the school owner:

1. Amends the school catalog,

2. Offers a new curriculum,

3. Offers a new course,

4. Changes the school operating schedule,

5. Changes the school name,

6. Changes the school manager,

7. Opens an additional location, or

8. Establishes an offsite training facility in a shop under the provisions of R4-5-411.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-403. Use of "Accredited," "Approved," or Similar Terms

If "accredited," "approved," or a similar term appears in a school catalog or advertisement, the school's owner shall ensure that the catalog or advertisement includes the name of the accrediting or approving organization.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-404. School Premises and Basic Equipment

A. In addition to the requirements of A.R.S. § 32-325(C)(2) and (C)(3), the school owner shall ensure that the school has the following at a minimum:

1. An instructor, licensed in Arizona, to teach each required course of instruction;

2. Instructional furnishings and fixtures for instructor and student use;

3. A workstation for each student scheduled for practical instruction;

4. Filing cabinets for school and student records;

5. Chalkboards or other writing boards;

6. A dispensary to prepare, mix, store, and dispose of supplies and chemicals used to sanitize barbering implements;

7. One liquid sanitizer and one dry sanitizer at each workstation;

8. At least one latherizer for every 10 students;

9. At least one sink, with hot and cold running water, soap, and towels for every three students; and

10. A student library that contains at least the following:

a. A dictionary;

b. Current barbering manuals and textbooks;

c. A current copy of A.R.S. Title 32, Chapter 3; and

d. A current copy of this Chapter; and

11. All equipment, implements, materials, and supplies necessary for student instruction.

B. A school owner shall ensure that each student workstation has at least the following:

1. A wall mirror;

2. A work stand; and

3. A chair for the patron.

C. A school owner shall ensure that each student at a workstation has access to the following:

1. A covered receptacle for soiled towels and cloths;

2. A covered receptacle for garbage and hair; and

3. A sufficient supply of tonics, lotions, shampoos, and chemical preparations used to process hair.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-405. School Operations and Enrollment

A. A school owner shall file the school's operating schedule with the Board before the first scheduled class begins.

B. A school owner shall ensure that any item provided under this Chapter is of shop quality and maintained in good repair.

C. Unless a student possesses items listed under this subsection at the time of enrollment, a school owner shall provide each student with a non-returnable training kit that includes:

1. Course textbooks,

2. One mannequin for barbering practice,

3. Twelve combs and six brushes without defects,

4. One hair dryer,

5. One straight razor with interchangeable blades,

6. One pair of haircutting shears,

7. One pair of thinning shears,

8. One clipper with interchangeable blades sizes 1 and .000 or an adjustable clipper, and

9. One neck duster.

D. Trainee age and education requirement notices. At the time a school owner enrolls a student, the school owner shall give Exhibit 1 or 2 to the student, as appropriate, and maintain the completed document for five years.

E. An instructor trainee shall not teach students until the instructor trainee has received 40 hours of training in methods of teaching.

F. A person who is not a licensed instructor shall not teach in a school but may demonstrate any process, product, or appliance to students when the person is under the supervision of a licensed instructor.

G. Within five days after enrolling a student, a school owner shall send the following to the Board:

1. A copy of the student's written application that contains the following:

a. The student's name and address,

b. The student's enrollment date,

c. Indicate whether the student is enrolled in a barber or instructor course, and

d. The student's signature, and

2. Two passport-size photographs of the student.

H. Upon receipt of enrollment information under subsection (G), the Board shall issue an educational card to a student. The student shall:

1. Display the card at the student workstation, and

2. Return the card to the Board upon completion of the course or upon withdrawal from the course for any reason.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

Exhibit 1. Required Age and Education Notice to a Barber Trainee

NOTICE

This Notice is required by the Arizona State Board of Barbers.

You have applied to this school for training that will qualify you to apply for a license to be a barber in Arizona. The Arizona State Board of Barbers will not issue you a license unless you are at least 16 years of age when you apply for the license and you can demonstrate to the Board of Barbers that you have completed and received appropriate credits for at least two years of high school education or its equivalent.

It is your responsibility to make sure that you can meet the requirements of the Board of Barbers, particularly regarding the completion of two years of high school or its equivalent. If you are unsure about whether you can meet the requirements, you should contact the Board of Barbers for further information.

ACKNOWLEDGEMENT OF RECEIPT OF NOTICE

I hereby acknowledge that I have received and understand the foregoing Notice.

(student signature) (signature date)

Historical Note

New Exhibit made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

Exhibit 2. Required Age and Education Notice to an Instructor Trainee

NOTICE

This Notice is required by the Arizona State Board of Barbers.

You have applied to this school for training that will qualify you to apply for a license to be a barber instructor in Arizona. The Arizona State Board of Barbers will not issue you a license unless you are at least 19 years of age when you apply for the license and you can demonstrate to the Board of Barbers that you hold a high school diploma or its equivalent.

It is your responsibility to make sure that you can meet the requirements of the Board of Barbers, particularly regarding the holding of a high school diploma or its equivalent. If you are unsure about whether you can meet the requirements, you should contact the Board of Barbers for further information.

ACKNOWLEDGEMENT OF RECEIPT OF NOTICE

I hereby acknowledge that I have received and understand the foregoing Notice.

(student signature) (signature date)

Historical Note

New Exhibit made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-406. Student Training and Supervision

A. A school owner shall grade students at least monthly and inform the students of their grades.

B. An instructor may assist students in the performance of barbering.

C. A student shall not dismiss a patron until a licensed instructor inspects and approves the student's work.

D. A student shall not attend a school for longer than eight hours per day.

E. A student may receive a maximum of 20 credit hours for field trips pertaining to barbering.

F. A student may receive up to 50 percent of the student's total training at an offsite training facility operated under the provisions of R4-5-411.

G. The instructor shall not ask a student to perform barbering on the public while the student is engaged in classroom instruction or taking a written examination.

H. A student shall wear a name tag during school attendance that clearly identifies the student.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-407. School Curriculum

A. A school owner shall offer barbering curriculum that complies with A.R.S. § 32-325(B).

B. In addition to the minimum requirements under A.R.S. § 32-325(B)(1), a school owner shall include instruction in the following:

1. Professional ethics,

2. Shop management, and

3. Regulatory provisions prescribed under A.R.S. Title 32, Chapter 3, and this Chapter.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-408. School Records

A. A school owner of one school shall keep a student's records at the student's enrollment location. A school owner of a multiple-location school may keep a student's records at the student's enrollment location or as prescribed at R4-5-410.

B. A school owner shall at least weekly enter into each student's record the following:

1. The date of the recorded entry,

2. Each subject and number of clock hours earned,

3. An indication whether instruction in a subject listed under subsection (B)(2) was classroom or practical instruction,

4. The student's signature on a paper copy of the record to acknowledge modification of the record within three days after each record update.

C. A school owner shall maintain a permanent record file for each student that includes:

1. The signed contract made between the student and the school,

2. The student's current transcript,

3. The applicable original notice required under R4-5-405(D), and

4. The records created under subsection (B).

D. Within 15 days after the end of each month, a school owner shall submit a report to the Board that includes:

1. A list of each student who graduated during the reporting period;

2. The name and license number of:

a. The school's chief instructor, and

b. Each licensed instructor;

3. A list of total hours earned by each student during the reporting period;

4. A list of each student's cumulative hours;

5. The name of any student who, during the applicable reporting period:

a. Transfers to another school,

b. Withdraws, or

c. Takes a leave-of-absence;

6. A copy of the documents signed by a student under R4-5-408(B)(4) during the reporting period; and

7. The signature of the school owner or the owner's representative verifying that all information is correct and complete.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-409. School Closure

A. The Board shall consider a school closed if the school fails to provide instruction for a consecutive five-day period that does not comply with the operating schedule on file with the Board.

B. Closure notification. A school owner shall deliver written or oral notification of a school's closure to each student and the Board:

1. Ten days in advance of closure in a case when the owner anticipates school closure, or

2. Within five days after closure if the school's closure was not reasonably anticipated by the owner.

C. Disposition of student records. A school owner shall forward all records for each student to the Board within 10 days after school closure.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-410. Multiple-location Schools

The following provisions apply to a school that operates in more than one location:

1. The operator of a multiple-location school shall obtain a license for each school location; and

2. The owner of a multiple-location school may keep school records in a single location.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-411. Offsite Training Facility

A. A school owner may operate an offsite training facility in a shop that complies with the provisions of A.R.S. § 32-325(C) and R4-5-404(A)(11), R4-5-405(B), (E), and (F), and R4-5-406(B), (C), (D), (G), and (H).

B. In addition to subsection (A), a school owner operating an offsite training facility shall comply with the following:

1. R4-5-404(A)(1), (3), (6), (7), (8), and (9) if training at the facility is practical only; or

2. Requirements of subsection (B)(1) and R4-5-404(A)(2) and (A)(5) if training at the facility includes classroom study.

C. In addition to the requirements of subsection (A), a school owner operating an offsite training facility shall:

1. Clearly indicate to the public the specific portion of the shop designated as an offsite training facility,

2. Post a sign indicating that barbering services at the offsite training facility are provided by students,

3. Require a student to orally give notice of status as a student to each patron, and

4. Restrict student barbering only to the portion of the shop designated as an offsite training facility.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

ARTICLE 5. HEARINGS

R4-5-501. Hearing Procedures

For purposes of A.R.S. § 32-354(D), the Board shall conduct all formal proceedings according to A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).

R4-5-502. Rehearing and Review of Decision

A. The Board shall provide for a rehearing and review of a decision under A.R.S. Title 41, Chapter 6, Article 10.

B. A party shall file a motion for rehearing or review of a decision of the Board to exhaust the party's administrative remedies.

C. A party may amend a motion for rehearing or review at any time before the Board rules on the motion.

D. The Board may grant a rehearing or review for any of the following reasons materially affecting a party's rights:

1. Irregularity in the proceedings of the Board, or any order or abuse of discretion, that deprived the moving party of a fair hearing;

2. Misconduct of the Board, its staff, an administrative law judge, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the hearing;

5. Excessive penalty;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings;

7. That the Board's decision is a result of passion or prejudice; or

8. That the findings of fact or decision is not justified by the evidence or is contrary to law.

E. The Board may affirm or modify a decision or grant a rehearing to all or any of the parties on all or part of the issues for any of the reasons in subsection (D). An order modifying a decision or granting a rehearing shall specify with particularity the grounds for the order.

F. If a motion for rehearing or review is based upon an affidavit, the affidavit shall be served with the motion. An opposing party may, within 15 days after service, serve opposing affidavits. The Board may extend this period for a maximum of 20 days, for good cause as described in subsection (I).

G. Not later than 30 days after the date of a decision, after giving parties notice and an opportunity to be heard, the Board may grant a rehearing or review on its own initiative for any reason for which it might have granted relief on motion of a party. The Board may grant a motion for rehearing or review, timely served, for a reason not stated in the motion.

H. If a rehearing is granted, the Board shall hold the rehearing within 60 days after the issue date on the order granting the rehearing.

I. The Board may extend all time limits listed in this Section upon a showing of good cause. A party demonstrates good cause by showing that the grounds for the party's motion or other action could not have been known in time, using reasonable diligence, and:

1. A ruling on the motion will further administrative convenience, expedition, or economy; or

2. A ruling on the motion will avoid undue prejudice to any party.

Historical Note

New Section made by final rulemaking at 11 A.A.R. 1422, effective April 5, 2005 (Supp. 05-2).


Scott Cancelosi
Director
Public Services Division

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Editor
Arizona Administrative Code