201 Kar 12:110. School License

Link to law: http://www.lrc.ky.gov/kar/201/012/110.htm
Published: 2015

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      201 KAR 12:110. School license.

 

      RELATES TO: KRS 317A.060, 317A.090

      STATUTORY AUTHORITY: KRS 317A.050,

317A.060

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

317A.050 and 317A.060 require the Kentucky Board of Hairdressers and

Cosmetologists to promulgate administrative regulations concerning licensure

for the operation of a school of cosmetology. This administrative regulation

establishes requirements for licensure of a cosmetology school.

 

      Section 1. Each person, firm, or

corporation applying for a license to operate a school of cosmetology shall

submit an application provided by the board.

 

      Section 2. Each individual owner, or one

(1) partner in the instance of a partnership, or one (1) corporate officer in

the instance of a corporation, shall submit a financial statement indicating

financial assets in the amount of $10,000 for twenty (20) students enrolled and

$1,000 for each additional student enrolled.

 

      Section 3. A person having any interest

in operating a school shall submit a minimum of two (2) character references,

proposed copy of student contract indicating all financial charges to enrolling

students, and term of lease for location, if applicable.

 

      Section 4. Application for license to

operate a school of cosmetology shall be accompanied by an architect's or

draftsman's plan of proposed premises drawn to scale, showing the arrangements

of the classroom, clinic area, mannequin area, dispensary, reception area,

shampoo area, office, entrance and exits, placement of equipment, and any other

area of the school.

 

      Section 5.(1) A license to operate a

cosmetology school shall be valid only for the location and person, firm, or

corporation named on the application and license issued by the board. A school

of cosmetology license shall not be transferable from one (1) location to

another or from one (1) person, firm, or corporation to another.

      (2) The license shall contain:

      (a) The name of the proposed school; and

      (b) A statement that the proposed school

is authorized to operate educational programs beyond secondary education.

 

      Section 6. The owners, firm, or

corporation operating a school of cosmetology shall notify the board in writing

twenty (20) days prior to selling, transferring, or changing of ownership and

management of a school. Prospective ownership shall meet all qualifications of

owning a school and have the approval of the board.

 

      Section 7. Following approval of the

application to operate a school of cosmetology by the board, the site shall be

inspected by a quorum of the board or by at least one (1) member of the board

and the board administrator. A final inspection of the premises shall be conducted

by the members of the board prior to issuing of license. All schools shall

comply with city, county, and state zoning laws, plumbing, and building codes.

The construction or renovation of the proposed school shall be completed and a

final inspection conducted by the board within twelve (12) months from the date

of approval of the site. Any extension of this period of time shall be granted

for good cause shown provided the request is presented, in writing, to the

board. The applicant shall provide:

      (1) The reason for extension and the term

of request; and

      (2) Supportive documentation of the extension

request.

 

      Section 8. Any cosmetology school owner,

manager, or instructor who misrepresents facts to the board, to the students,

or to the general public concerning any information regarding the school or any

student enrolled in the school, or in any way violates administrative

regulations adopted by this board, shall be served notice to show cause why the

school's license and the instructor's license should not be revoked.

 

      Section 9. Any person, establishment,

firm or corporation that accepts, directly or indirectly, compensation for

teaching persons any branch or subjects of cosmetology as defined in KRS

317A.010 shall be classified as a school and shall be required to comply with KRS

Chapter 317A and 201 KAR Chapter 12 by authority established in KRS 317A.090

and 317A.050.

 

      Section 10. The board shall not license a

correspondence school or any school of cosmetology in an establishment that

teaches any other trade, profession, or business, except vocational training

schools.

 

      Section 11. A person who is an owner,

partner, stockholder, or corporate officer, or who has any financial or other

interest in the management and control of the school shall not be enrolled in

the school as a student.

 

      Section 12. A school of cosmetology shall

not permit or require students to be in attendance at school more than forty

(40) hours in any one (1) week.

 

      Section 13. Any school of cosmetology

desiring night classes may, by proper application, be granted permission from

the board to operate the classes. The school shall not operate past 10 p.m.

local time, under any circumstances.

 

      Section 14. (1) A member of the board or

an employee, unless resigned, shall not apply for a new school license or apply

for any existing school license under KRS 317A.090 and this administrative

regulation.

      (2) The board may choose not to consider

any application for a school license submitted by a relative of a member of the

board, by a relative of a board employee, or by any person with whom a member

of the board or a board employee shares a significant financial interest.

Failure to make full disclosure to the board as to the exact nature of the

relationship between the board member or employee of the board and the

applicant shall result in denial of approval of licensure. A person applying

for a new school license shall complete an application with the board.

      (3) The provisions of this section shall

apply only to applications for licenses approved or filed, licenses issued, or

actions of a person serving as a member of the board or as a board employee

after June 10, 1986.

 

      Section 15. Incorporation by Reference.

(1) "Application for Kentucky School of Cosmetology", April 14, 2015,

is incorporated by reference.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Kentucky Board

of Hairdressers and Cosmetologists, 111 St. James Court, Frankfort, Kentucky

40601, Monday through Friday, 8 a.m. to 4:30 p.m. (KBHC:Sch:Fac.

2-1; 2 Ky.R. 74; eff. 9-10-75; Am. 12 Ky.R. 672; eff. 1-3-1986; 12 Ky.R. 1455;

eff. 3-6-1987; 20 Ky.R. 1032; 1782; eff. 1-10-1994; 42 Ky.R. 478; 1132; eff.

11-6-2015.)