MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Public Health and Human Services; Appropriations
By: Representative Stevens, Frierson, Clarke
AN ACT TO CREATE AND EMPOWER A STATE BOARD OF BARBERING AND COSMETOLOGY TO GOVERN THE BARBERING AND COSMETOLOGY PROFESSIONS; TO REQUIRE THE BOARD TO RECOMMEND TO THE LEGISLATURE BEFORE DECEMBER 1, 2007, A SINGLE, UNIFIED LICENSING PROGRAM FOR BARBERS AND COSMETOLOGISTS IN ORDER TO OBVIATE THE NECESSITY OF HAVING SEPARATE LICENSES FOR THOSE PROFESSIONALS; TO AMEND SECTIONS 73-5-7, 73-5-8, 73-5-11, 73-5-12, 73-5-15, 73-5-17, 73-5-19, 73-5-25, 73-5-27, 73-5-33, 73-5-35, 73-5-41, 73-5-45, 73-7-2, 73-7-13, 73-7-31, 73-7-63 AND 75-60-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO AMEND SECTIONS 73-7-27 AND 73-7-29, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF CERTAIN FINES AND FEES IMPOSED UPON COSMETOLOGISTS AND SALONS; TO REPEAL SECTION 73-5-1, MISSISSIPPI CODE OF 1972, WHICH CREATES AND EMPOWERS THE STATE BOARD OF BARBER EXAMINERS, AND SECTION 73-7-1, MISSISSIPPI CODE OF 1972, WHICH CREATES AND EMPOWERS THE STATE BOARD OF COSMETOLOGY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created and empowered the State Board of Barbering and Cosmetology, which shall be composed of five (5) licensed barbers and five (5) licensed cosmetologists appointed by the Governor, with the advice and consent of the Senate. One (1) barber and one (1) cosmetologist shall be appointed from each congressional district as constituted on January 1, 2004, and one (1) barber and one (1) cosmetologist shall be appointed from the state at large. All members shall serve terms of four (4) years, and shall continue to serve until their successors are duly qualified. In any case where a vacancy occurs due to resignation, removal or death, the Governor shall appoint a member to complete the unexpired balance of the vacating member's term. Any member who misses two (2) consecutive meetings of the board shall be deemed to have vacated his/her position and a vacancy shall occur to which the Governor shall make an appointment.
(2) To be eligible for appointment, a barber or cosmetologist must have been licensed in the state for five (5) years, and have at least ten (10) years' active experience in barbering or cosmetology immediately preceding appointment. No more than two (2) members shall be graduates of the same barbering or cosmetology school, and no member shall have any financial interest in, or be an instructor in, a school of barbering or cosmetology.
(3) The board shall select a chair, who shall serve for one (1) year. The chair shall rotate between licensed barbers and cosmetologists on an annual basis. The board shall meet monthly, and at such other times as determined necessary by the chair.
(4) Whenever the terms "State Board of Barber Examiners" or "State Board of Cosmetology" appear in any law, rule, regulation or document, those terms shall mean the State Board of Barbering and Cosmetology. The State Board of Barbering and Cosmetology shall be the State Board of Barber Examiners and the State Board of Cosmetology, and shall have all powers and duties conferred upon those boards by law. As used in Section 73-5-3 et seq. and Section 73-7-2 et seq., the term "board" means the State Board of Barbering and Cosmetology.
(5) Before December 1, 2007, the State Board of Barbering and Cosmetology shall recommend to the Legislature a single, unified licensing program for barbers and cosmetologists in order to obviate the necessity of having separate licenses for those professionals. This recommendation shall include all fees necessary to generate revenues necessary to regulate the professions, and shall also recommend any necessary changes in board structure.
(6) This section shall stand repealed from and after July 1, 2008.
SECTION 2. Section 73-5-7, Mississippi Code of 1972, is amended as follows:
73-5-7. (1) The board * * * shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. * * * However, * * * any and all rules and regulations relating to sanitation shall, before adoption by the board, have the written approval of the State Board of Health. The board * * * shall adopt regulations for the guidance of registered barbers in the operation of a shop and in the practice of barbering except, however, it shall be optional with the individual barber as to whether he or she uses a mug. Any member of the board * * * shall have the authority to enter upon and inspect any barbershop or barber school at any time during business hours. A copy of the rules and regulations of the * * * board * * * shall be furnished to the owner or manager of each shop and barber school affected by this chapter, and that copy shall be posted in a conspicuous place in the barbershop or barber school.
(2) The board shall have authority to establish rules and regulations governing schools of barbering in this state except those schools operated by a state institution of higher learning or by a public community or junior college. The board shall have further authority to establish curriculum for those regulated schools of barbering in this state.
Each regulated school of barbering shall submit the following to the board before enrolling students:
(a) The address of proposed school, and the type and size of building in which the school is to be located;
(b) The names and addresses of owners and officers of the school, and the names, addresses and instructor license number of managers, supervisors and instructors of the school;
(c) A list of equipment and teaching aids; and
(d) A copy of the contract to be used between the school and the student.
All regulated schools of barbering in the State of Mississippi shall be required to maintain a surety bond in the amount of Twenty-five Thousand Dollars ($25,000.00) to ensure that if a school ceases operation, * * * all unused tuition fees will be refunded to the students concerned. This bond shall remain in effect for the duration of the school's operation.
(3) The board * * * shall adopt rules and regulations establishing a procedure for the processing and investigation of complaints filed with the board. The board shall keep records of all complaints, and those records shall indicate the action taken on the complaints.
(4) The board * * * shall keep a record of its proceedings relating to the issuance, refusal, suspension and revocation of certificates of registration. The record shall also contain the name, place of business and the residence of each registered barber, and the date and number of his certificate of registration. The record shall be open to public inspection at all reasonable times.
SECTION 3. Section 73-5-8, Mississippi Code of 1972, is amended as follows:
73-5-8. Any person is qualified to receive a certificate of registration as a barber instructor who:
(a) Is twenty-one (21) years of age or older;
(b) Is of good moral and temperate habits;
(c) Is able to read, write and speak English;
(d) Possesses a high school education or its equivalent;
(e) Has successfully completed not less than fifteen hundred (1500) hours at a barbering school approved by the * * * board * * * and holds a valid certificate of registration to practice barbering;
(f) Has not less than two (2) years of active experience as a registered barber;
(g) Has passed a satisfactory examination conducted by the board to determine his fitness to practice as a barber instructor; and
(h) Has successfully completed not less than six hundred (600) hours of barber instructor training at a school approved by the board.
All persons who have received a certificate of registration as a barber instructor from the board before July 1, 2002, shall be considered to have met the requirements of this section, and all those certificates of registration shall be renewable as otherwise provided in this chapter.
The board will implement an active and inactive instructor license. In order to renew an active license, instructors holding an active license shall be required to submit proof of twelve (12) hours of continuing education each year to the board * * *. That education shall be acquired in classes or trade shows teaching materials that are approved by the board. Instructors holding an inactive license shall be required to submit proof of twelve (12) hours continuing education before upgrading to an active status.
SECTION 4. Section 73-5-11, Mississippi Code of 1972, is amended as follows:
73-5-11. (1) To be eligible for enrollment at a barbering school approved by the board * * *, a person shall have a high school education or its equivalent, and/or shall have satisfactorily passed the ability-to-benefit examinations approved by the U.S. Department of Education.
(2) Any person is qualified to receive a certificate of registration to practice barbering:
(a) Who is qualified under the provisions of this chapter;
(b) Who is of good moral character and temperate habits;
(c) Who has completed not less than fifteen hundred (1500) hours at a barbering school approved by the * * * board * * *; and
(d) Who has passed a satisfactory examination conducted by the board * * * to determine his fitness to practice barbering.
(3) A temporary permit to practice barbering until the next examination is given may be issued to a student who has completed not less than fifteen hundred (1500) hours at a barbering school approved by the board * * *. In no event shall a person be allowed to practice barbering on a temporary permit beyond the date the next examination is given, except because of personal illness.
SECTION 5. Section 73-5-12, Mississippi Code of 1972, is amended as follows:
73-5-12. Any cosmetologist who can read, write and speak English and has successfully completed not less than fifteen hundred (1500) hours in an accredited school of cosmetology, and holds a valid, current license, shall be eligible to take the barber examination to secure a certificate of registration as a barber upon successfully completing five hundred (500) hours in a barber school approved by the board * * *.
All fees for application, examination, registration and renewal thereof shall be the same as provided for in this chapter.
SECTION 6. Section 73-5-15, Mississippi Code of 1972, is amended as follows:
73-5-15. Each applicant for an examination shall:
Make application to the board * * * on blank forms prepared and furnished by the board, the application to contain proof under the applicant's oath for the particular qualifications of the applicant; and,
Furnish to the board, at the time of the filing of the application, two (2) five inch (5") X three inch (3") signed photographs of the applicant, one (1) to accompany the application, and one (1) to be returned to the applicant to be presented to the board when the applicant appears for examination; and,
Pay to the board the required fee.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 7. Section 73-5-17, Mississippi Code of 1972, is amended as follows:
73-5-17. The board * * * shall conduct examinations of applicants for certificates of registration to practice as registered barbers not less than three (3) times a year, which examination shall be had in some town or city selected by the examining board. Examinations of applicants for certificates of registration as barber instructors shall be conducted at a time and place selected by the examining board.
The examination of applicants for certificates of registration as registered barbers shall include both a practical demonstration and a written and oral test, and shall embrace the subjects usually practiced in a duly licensed shop of Mississippi under the direct and personal supervision of a registered barber. The examination of applicants for certificates of registration as barber instructors shall include such subjects as the board deems necessary to determine the applicant's fitness to practice as a barber instructor.
SECTION 8. Section 73-5-19, Mississippi Code of 1972, is amended as follows:
73-5-19. Whenever the applicable provisions of this chapter have been complied with, the board * * * shall issue a certificate of registration as a registered barber or barber instructor, as the case may be.
SECTION 9. Section 73-5-25, Mississippi Code of 1972, is amended as follows:
73-5-25. (1) The board * * * may refuse to issue, or may suspend definitely or indefinitely, or revoke any certificate of registration for any one or a combination of the following causes:
(a) Conviction of a felony shown by a certified copy of the judgment of court in which the conviction is had, unless upon a full and unconditional pardon of the convict, and upon satisfactory showing that the convict will in the future conduct himself in a law-abiding way.
(b) Gross malpractice or gross incompetency.
(c) Continued practice by a person knowingly having an infectious or contagious disease.
(d) Advertising, practicing or attempting to practice under a trade name or name other than one's own.
(e) Habitual drunkenness or habitual addiction to the use of morphine, cocaine or habit forming drug.
(f) Immoral or unprofessional conduct.
(g) Violation of regulations that may be prescribed as provided for in Section 73-5-7 and the commission of any of the offenses set forth in Section 73-5-43.
(2) In addition to the causes specified in subsection (1) of this section, the board shall be authorized to suspend the certificate of registration of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 10. Section 73-5-27, Mississippi Code of 1972, is amended as follows:
73-5-27. The board * * * may neither refuse to suspend or revoke, nor revoke or suspend any certificate of registration as a registered barber or barber instructor, for any of the causes enumerated in this chapter, unless the holder of the certificate has been given at least twenty (20) days' notice, in writing by registered mail, signed by the president and secretary of the board * * *, setting forth the charges against the holder of the certificate and naming the time and place for a hearing upon the charge or charges, and a public hearing thereof by the board * * *.
Upon the hearing of any such charge or charges, the board may issue all subpoenas for all necessary witnesses for and against the accused, and require their attendance upon the hearing, may administer oaths, and may procure by process the production of all necessary books and papers, bearing or touching upon the charges against the accused.
SECTION 11. Section 73-5-33, Mississippi Code of 1972, is amended as follows:
73-5-33. (1) The board shall issue a license for each barbershop in operation in the State of Mississippi, and the board shall prescribe the rules and regulations and circulate the information necessary to obtain a license for the barbershop. A fee of not more than Fifteen Dollars ($15.00) for each chair manned by a registered barber located in the shop shall be required for the issuance of the license, and the same fee shall be required for a renewal of the license to the shop, the renewal due on the anniversary date of each year. A fee of not more than Twenty-five Dollars ($25.00) in addition to the regular renewal fee shall be required for restoration of any license that has expired for more than thirty (30) days. Any barbershop license having passed the second year anniversary date, in delinquency, shall be required to have a new shop inspection and shall hereafter pay an initial fee of not more than Forty-five Dollars ($45.00) in addition to all other fees required for restoration.
(2) All barbershop owners shall be responsible for employing only licensed barbers in the shop. Any barbershop owner found by the board * * * to employ an unlicensed barber or barbers shall be fined One Hundred Fifty Dollars ($150.00) payable into the State General Fund, and shall be subject to closure until those violations are corrected. Any barbershop operating within the State of Mississippi without a license after July 1, 1968, shall be subjected to closing by a proper order of a court of competent jurisdiction upon a proper showing that it has failed to comply with the terms of this chapter.
(3) The board may assess against any barbershop owner found to employ an unlicensed barber or barbers any of the following costs that are expended by the board in the conduct of a proceeding for violation of subsection (2): court filing fees, court costs and the cost of serving process. Any monies collected by the board under this subsection (3) shall be deposited into the special fund operating account of the board.
(4) All new barbershops or change of ownership or location of barbershops shall * * * pay an initial fee of not more than Twenty-five Dollars ($25.00) in addition to all other fees required before beginning business. The fee shall not be transferable upon change of ownership or location.
(5) All licensees shall notify the * * * board * * * of the location of the barbershop at which they are employed.
SECTION 12. Section 73-5-35, Mississippi Code of 1972, is amended as follows:
73-5-35. All barber schools operated in this state shall pay an annual license fee of One Hundred Dollars ($100.00) and the same fee shall be required for renewal of the license to each such school on July 1 of each year. A fee of not more than Twenty-five Dollars ($25.00) shall be required for restoration of an expired license that has been expired for a period of at least thirty (30) days of the renewal date.
The license to operate those schools shall be issued by the board * * * after approval by the board. This license shall not be transferable for any cause and must be renewed annually.
All barber schools operated in this state shall be under the direct supervision of a registered barber instructor at all times.
SECTION 13. Section 73-5-41, Mississippi Code of 1972, is amended as follows:
73-5-41. The following persons are exempt from the provisions of this chapter, wholly in the proper discharge of their professional duties, to wit:
Persons authorized by the law of Mississippi to practice medicine and surgery.
Commissioned medical or surgical officers of the United States Army, Navy or Marine hospital service.
Registered nurses.
Cosmetologists * * *.
The provision of this section shall not be construed to authorize any of the persons exempted to shave, trim the beard, or cut the hair of any person, or perform any other act that constitutes barbering, for cosmetic purposes, with the exception of persons licensed under Section 73-7-1 et seq.
SECTION 14. Section 73-5-45, Mississippi Code of 1972, is amended as follows:
73-5-45. Sections 73-5-1 through 73-5-43, Mississippi Code of 1972, which provide for the licensure and regulation of barbers, shall stand repealed as of July 1, 2004.
SECTION 15. Section 73-7-2, Mississippi Code of 1972, is amended as follows:
73-7-2. As used in this chapter, the following terms shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Board" means the State Board of Barbering and Cosmetology.
(b) "Cosmetology" means any one (1) or a combination of the following practices if they are performed on a person's head, face, neck, shoulder, arms, hands, legs or feet for cosmetic purposes:
(i) Cutting, clipping or trimming hair.
(ii) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, bleaching, tinting, coloring or similarly treating hair.
(iii) Cleansing, stimulating, manipulating, beautifying or applying oils, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical apparatus.
(iv) Arching eyebrows or tinting eyebrows and eyelashes.
(v) Removing superfluous hair by the use of depilatories.
(vi) Manicuring and pedicuring.
(c) "Cosmetologist" means a person who for compensation, whether direct or indirect, engages in the practice of cosmetology.
(d) "Esthetics" means any one (1) or a combination of the following practices:
(i) Massaging the face or neck of a person.
(ii) Trimming eyebrows.
(iii) Tinting eyelashes or eyebrows.
(iv) Waxing, stimulating, cleaning or beautifying the face, neck, arms or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus, or by the use of a cosmetic preparation.
The term "esthetics" shall not include the diagnosis, treatment or therapy of any dermatological condition.
(e) "Esthetician" means any person who, for compensation, either direct or indirect, engages in the practice of esthetics.
(f) "Instructor" means a person licensed to teach cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those, under this chapter, and shall include those persons engaged in the instruction of student instructors.
(g) "Manicuring and pedicuring" means any one (1) or a combination of the following practices:
(i) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails.
(ii) Applying artificial nails.
(iii) Massaging or cleaning a person's hands, arms, legs or feet.
(h) "Manicurist" means a person who for compensation, either direct or indirect, engages in the practice of manicuring and pedicuring.
(i) "Master cosmetologist" means a person holding a cosmetology license who has completed the minimum course of continuing education prescribed by Section 73-7-14.
(j) "Salon" means an establishment operated for the purpose of engaging in the practice of cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those.
(k) "School" means an establishment, public or private, operated for the purpose of teaching cosmetology, or manicuring and pedicuring, or esthetics, or wigology, or all of those.
(l) "Wigology" means a service to a wig or hairpiece in any one (1) or combination of the following:
(i) Arranging, dressing, waving or curling.
(ii) Cleaning.
(iii) Bleaching or coloring.
(iv) Cutting and shaping.
(m) "Wig specialist" means a person who, for compensation, either direct or indirect, engages in the practice of wigology.
SECTION 16. Section 73-7-13, Mississippi Code of 1972, is amended as follows:
73-7-13. (1) The board shall admit to examination for a cosmetology license any person who has made application to the board in proper form, has paid the required fee, and who (a) is at least seventeen (17) years of age, (b) can read, write and speak English, (c) has successfully completed no less than fifteen hundred (1500) hours over a period of no less than nine (9) months in an accredited school of cosmetology, and (d) has a high school education or its equivalent.
The board may, in its discretion, issue to any student who has completed the prescribed hours in an accredited school in Mississippi a temporary permit until such time as the next examination may be held, but the student shall be issued only one (1) temporary permit. Application for an examination and license shall be accompanied by two (2) recent head photographs of the applicant. No temporary permit will be issued an applicant from any other state to operate a beauty salon or school of cosmetology in this state unless in case of emergency.
Applicants for the cosmetologist examination, after having satisfactorily passed the prescribed examination, shall be issued a cosmetology license which until June 30, 2001, shall be valid for one (1) year, and after July 1, 2001, shall be valid for two (2) years, and all those licenses shall be subject to renewal.
Any barber who can read, write and speak English and has successfully completed no less than fifteen hundred (1500) hours in an accredited barber school, and who holds a current valid certificate of registration to practice barbering and who holds a current valid license, is eligible to take the cosmetology examination to secure a cosmetology license upon successfully completing five hundred (500) hours in an accredited school of cosmetology. All fees for application, examination, registration and renewal thereof shall be the same as provided for cosmetologists.
(2) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
(3) Any licensed cosmetologist, esthetician, manicurist or wigologist who is registered but not actively practicing in the State of Mississippi at the time of making application for renewal, may apply for registration on the "inactive" list. The "inactive" list shall be maintained by the board and shall set out the names and post office addresses of all persons registered but not actively practicing in this state, arranged alphabetically by name and also by the municipalities and states of their last known professional or residential address. Only the cosmetologists, estheticians, manicurists and wigologists registered on the appropriate list as actively practicing in the State of Mississippi shall be authorized to practice those professions. For the purpose of this section, any licensed cosmetologist, esthetician, manicurist or wigologist who has actively practiced his or her profession for at least three (3) months of the immediately preceding license renewal period shall be considered in active practice. No cosmetologist, esthetician, manicurist or wigologist shall be registered on the "inactive" list until the person has furnished a statement of intent to take that action to the board. Any licensed cosmetologist, esthetician, manicurist or wigologist registered on the "inactive" list shall not be eligible for registration on the active list until either of the following conditions have been satisfied:
(a) Written application shall be submitted to the * * * board * * * stating the reasons for the inactivity and setting forth such other information as the board may require on an individual basis and completion of the number of clock hours of continuing education as approved by the board; or
(b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law; and
(c) Payment of the fee for processing the inactive license.
SECTION 17. Section 73-7-27, Mississippi Code of 1972, is amended as follows:
73-7-27. (1) Any complaint may be filed with the board by a member or agent of the board or by any person charging any licensee of the board with the commission of any of the offenses enumerated in subsection (2) of this section. The complaint shall be in writing, signed by the accuser or accusers, and verified under oath, and the complaints shall be investigated as set forth in Section 73-7-7. If, after the investigation, the board through its administrative review agents determines that there is not substantial justification to believe that the accused licensee has committed any of the offenses enumerated, it may dismiss the complaint or may prepare a formal complaint proceeding against the licensee as hereinafter provided. When used with reference to any complaint filed against a licensee herein, the term "not substantial justification" means a complaint that is frivolous, groundless in fact or law, or vexatious, as determined by unanimous vote of the board. If there is a dismissal, the person filing the accusation and the accused licensee shall be given written notice of the board's determination. If the board determines there is reasonable cause to believe the accused has committed any of those offenses, the secretary of the board shall give written notice of that determination to the accused licensee and set a day for a hearing as provided in subsection (3) of this section.
(2) The board shall have the power to revoke, suspend or refuse to issue or renew any license or certificate provided for in this chapter, and to fine, place on probation and/or otherwise discipline a student or licensee or holder of a certificate, upon proof that the person: (a) has not complied with or has violated any of the rules and regulations promulgated by the board; (b) has not complied with or has violated any of the sections of this chapter; (c) has committed fraud or dishonest conduct in the taking of the examination herein provided for; (d) has been convicted of a felony; (e) has committed grossly unprofessional or dishonest conduct; (f) is addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or occupations set forth in this chapter; (g) has advertised by means of knowingly false or deceptive statements; or (h) has failed to display the license or certificate issued to him or her as provided for in this chapter; or (i) has been convicted of violating any of the provisions of this chapter. A conviction of violating any of the provisions of this chapter shall be grounds for automatic suspension of the license or certificate of the person.
(3) The board shall not revoke, suspend or refuse to issue or renew any license or certificate, or fine, place on probation or otherwise discipline any person in a disciplinary matter except after a hearing of which the applicant or licensee or holder of the certificate affected shall be given at least twenty (20) days' notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration, or in the case of any other disciplinary action, the offense or offenses of which the licensee or holder of a certificate of registration is charged. The notice may be served by mailing a copy thereof by United States first class certified mail, postage prepaid, to the last known residence or business address of the applicant, licensee or holder of a certificate. The hearing on the charges shall be at such time and place as the board may prescribe.
(4) At the hearings, all witnesses shall be sworn by a member of the board, and stenographic notes of the proceedings shall be taken. Any party to the proceedings desiring it shall be furnished with a copy of those stenographic notes upon payment to the board of such fees as it * * * prescribes, not exceeding, however, the actual costs of transcription.
(5) The board may issue subpoenas for the attendance of witnesses and the production of books and papers. The process issued by the board shall extend to all parts of the state and that process shall be served by any person designated by the board for that service. The person serving the process shall receive such compensation as may be allowed by the board, not to exceed the fee prescribed by law for similar services. All witnesses who shall be subpoenaed, and who shall appear in any proceedings before the board, shall receive the same fees and mileage as allowed by law.
(6) Where in any proceeding before the board, any witness * * * fails or refuses to attend upon subpoena issued by the board, * * * refuses to testify, or * * * refuses to produce any books and papers, the production of which is called for by the subpoena, the attendance of the witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state, in manner as are enforced the attendance and testimony of witnesses in civil cases in the courts of this state.
(7) The board shall conduct the hearing in an orderly and continuous manner, granting continuances only when the ends of justice may be served. The board shall, within sixty (60) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last known residence or business address of the applicant, licensee or holder of a certificate, by way of United States first class certified mail, postage prepaid. The applicant, licensee, holder of a certificate, or person aggrieved shall have the right of appeal from an adverse ruling, or order, or decision of the board to the chancery court upon forwarding notice of appeal to the board within thirty (30) days after the decision of the board is mailed in the manner here contemplated. An appeal will not be allowed if notice of appeal, together with the appeal bond hereinafter required, is not * * * forwarded to the board within the thirty-day period. Appeal shall be to the chancery court of the county and judicial district of the residence of the appellant, or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, at the election of the appellant. The notice of appeal shall elect venue, unless the appellant is a nonresident of the State of Mississippi, in which event the board shall certify all documents and evidence directly to the Chancery Court of the First Judicial District of Hinds County for further proceedings. The appeal shall thereupon be heard in due course by the court, which shall review the record and make its determination thereon.
(8) The appellant shall, together with the notice of appeal, forward to and post with the board a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs that may be adjudged against him.
(9) If there is an appeal, the court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. If there is an appeal, the appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. However, any fine imposed by the board under the provisions of this chapter shall not take effect until after the time for appeal has expired, and an appeal of the imposition of such a fine shall act as a supersedeas.
(10) Any fine imposed by the board upon a licensee or holder of a certificate shall be in accordance with the following schedule:
(a) For the first violation, a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for each violation.
(b) For the second and each subsequent violation, a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) for each violation.
The power and authority of the board to impose the fines under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations.
(11) In addition to the reasons specified in subsection (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 18. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The board shall assess fees in the following amounts and for the following purposes:
(a) Application for examination and reexamination -
cosmetologist, manicurist, esthetician, or wig specialist$35.00
(b) Application for in-state instructor
examination and reexamination............................. 50.00
(c) Application for out-of-state instructor
examination, processing................................... 55.00
(d) Until June 30, 2001, cosmetologist,
manicurist, esthetician, or wig specialist license,
original and renewal...................................... 25.00
From and after July 1, 2001, biennial original
license and renewal....................................... 50.00
(e) Until June 30, 2001, master cosmetologist
license................................................... 35.00
From and after July 1, 2001, biennial original license
and renewal............................................... 70.00
(f) Cosmetologist, manicurist, esthetician, or
wig specialist by reciprocity, processing................. 55.00
(g) Until July 1, 2001, instructor license,
original and renewal...................................... 40.00
After July 1, 2001, biennial original license
and renewal............................................... 80.00
(h) Delinquent renewal penalty - cosmetologist, manicurist, esthetician, wig specialist and instructor:
Sixty (60) days to one (1) year...................... 50.00
plus license fee
Over one (1) year to three (3) years, per year...... 100.00
plus license fee
(i) Salon application.......................... 50.00
(j) Salon reinspection......................... 35.00
(k) Salon change of ownership or location
or both................................................... 50.00
(l) Until June 30, 2001, salon license renewal. 30.00
From and after July 1, 2001, biennial salon license
renewal................................................... 60.00
(m) Salon delinquent renewal penalty -
Sixty (60) days to one (1) year...................... 50.00
plus license fee
Over one (1) year................................... 100.00
plus license fee
(n) Application for a new school.............. 300.00
(o) New school reinspection................... 100.00
(p) School change of ownership................ 300.00
(q) School relocation......................... 300.00
(r) Until June 30, 2001, school license renewal 75.00
From and after July 1, 2001, biennial school license
renewal.................................................. 150.00
(s) School delinquent renewal penalty -
Sixty (60) days to one (1) year..................... 100.00
plus license fee
(t) Duplicate license or lost renewal form..... 10.00
(u) Penalty for insufficient fund checks....... 20.00
(v) Affidavit processing....................... 15.00
(w) Inactive license fee....................... 15.00
(x) Renewal of inactive license................ 15.00
The board may charge additional fees for services that the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the cost of rendering the service.
The board may authorize any licensee to renew his or her license for a two-year period until June 30, 2001, after which all licenses shall be renewed biennially pursuant to the above fee schedule.
The board is fully authorized to make refunds of any deposits received by the board for services that are not rendered, and may refund any underpayments or overpayments of fees to licensees or applicants.
SECTION 19. Section 73-7-31, Mississippi Code of 1972, is amended as follows:
73-7-31. Nothing in this chapter shall apply to:
(a) Hairdressing, manicuring or facial treatments given in the home to members of family or friends for which no charge is made.
(b) Persons whose practice is limited to the application of cosmetic products to another person in connection with the sale, or attempted sale, of those products at retail, without compensation from the other person other than the regular retail price of the merchandise.
(c) Barbers * * *.
SECTION 20. Section 73-7-63, Mississippi Code of 1972, is amended as follows:
73-7-63. Sections 73-7-1 through 73-7-37 and 73-7-51 through 73-7-61, Mississippi Code of 1972, which provide for the licensure and regulation of cosmetologists, shall stand repealed as of July 1, 2005.
SECTION 21. Section 75-60-5, Mississippi Code of 1972, is amended as follows:
75-60-5. The provisions of this chapter do not apply to the following categories of courses, schools or colleges:
(a) Tuition-free courses or schools conducted by employers exclusively for their own employees;
(b) Schools, colleges, technical institutes, community colleges, junior colleges or universities under the jurisdiction of the Board of Trustees of State Institutions of Higher Learning or the State Board for Community and Junior Colleges;
(c) Schools or courses of instruction under the jurisdiction of the State Board of Barbering and Cosmetology * * *;
(d) Courses of instruction required by law to be approved or licensed, or given by institutions approved or licensed, by a state board or agency other than the Commission on Proprietary School and College Registration; however, a school so approved or licensed may apply to the Commission on Proprietary School and College Registration for a certificate of registration to be issued in accordance with the provisions of this chapter;
(e) Correspondence courses;
(f) Nonprofit private schools offering academic credits at primary or secondary levels, or conducting classes for exceptional education as defined by regulations of the State Department of Education;
(g) Private nonprofit colleges and universities or any private school offering academic credits at primary, secondary or postsecondary levels;
(h) Courses of instruction conducted by a public school district or a combination of public school districts;
(i) Courses of instruction conducted outside the United States;
(j) A school that offers only instruction in subjects that the Commission on Proprietary School and College Registration determines are primarily for avocational, personal improvement or cultural purposes and that does not represent to the public that its course of study or instruction will or may produce income for those who take that study or instruction;
(k) Courses conducted primarily on an individual tutorial basis, where not more than one (1) student is involved at any one (1) time, except in those instances where the Commission on Proprietary School and College Registration determines that the course is for the purpose of preparing for a vocational objective;
(l) Kindergartens or similar programs for preschool-age children.
SECTION 22. Section 73-5-1, Mississippi Code of 1972, which creates and empowers the State Board of Barber Examiners, and Section 73-7-1, Mississippi Code of 1972, which creates and empowers the State Board of Cosmetology, are repealed.
SECTION 23. This act shall take effect and be in force from and after July 1, 2004.