MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Welfare
By: Senator(s) Parks
AN ACT TO AMEND SECTION 73-7-7, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN OBSOLETE DEFINITIONS TO CONFORM TO EXISTING LAW; TO AMEND SECTION 73-7-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANYONE DETERMINED TO HAVE VIOLATED RULES PRIOR TO BEING LICENSED BY THE BOARD OF COSMETOLOGY SHALL BE SUBJECT TO THE SAME DISCIPLINE AS LICENSEES; TO AMEND SECTION 73-7-15, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT FOR A COSMETOLOGY INSTRUCTOR LICENSEE TO READ, WRITE AND SPEAK ENGLISH; TO AMEND SECTION 73-7-17, MISSISSIPPI CODE OF 1972, TO REQUIRE AN APPLICANT WHO IS APPLYING FOR A COSMETOLOGY SCHOOL LICENSE TO PROVIDE A $50,000.00 SURETY BOND; TO SET CERTAIN REQUIREMENTS FOR SUCH APPLICANTS, INCLUDING THAT THE APPLICANT HAVE PROFESSIONAL LIABILITY INSURANCE, MEET CERTAIN HEALTH STANDARDS AND HAVE THE CORRECT COURSE CONTENT; TO AMEND SECTION 73-7-18, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT FOR AN ESTHETICIAN LICENSEE TO READ, WRITE AND SPEAK ENGLISH; TO AMEND SECTION 73-7-21, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT FOR A MANICURIST LICENSEE TO READ, WRITE AND SPEAK ENGLISH; TO AMEND SECTION 73-7-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD MAY ISSUE A LICENSE BY RECIPROCITY IF THE OTHER STATE HAS ENTERED INTO A WRITTEN RECIPROCAL AGREEMENT; TO AMEND SECTION 73-7-27, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE PROCEDURES WHEN THE BOARD IMPOSES A CIVIL PENALTY OR FINE FOR VIOLATIONS, INCLUDING A NOTICE AND HEARING REQUIREMENT; TO SET CERTAIN CLASSES OF FINES FOR VIOLATIONS; TO AMEND SECTION 73-7-29, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN OBSOLETE TERMS TO CONFORM TO EXISTING LAW; TO AMEND SECTION 73-7-37, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE JURISDICTION FOR THE BOARD TO FILE FOR AN ORDER ENFORCING COMPLIANCE OF THE CHAPTER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-7-7, Mississippi Code of 1972, is amended as follows:
73-7-7. (1) The board shall have authority to make reasonable rules and regulations for the administration of the provisions of this chapter. The board shall set up a curriculum for operation of schools of cosmetology and the other professions it is charged to regulate in this state. The board shall receive and consider for adoption recommendations for rules and regulations, school curriculum, and related matters from the Mississippi Cosmetology Council, whose membership shall consist of, in addition to the board members, five (5) elected delegates from the Mississippi Cosmetology Association, five (5) elected delegates from the Mississippi Cosmetology School Association, five (5) elected delegates from the Mississippi Independent Beauticians Association, and five (5) elected delegates from the School Owners and Teachers Association. The board may revoke the license of any cosmetologist, esthetician, manicurist, instructor, school of cosmetology, or salon, or may refuse to issue a license to any cosmetologist, esthetician, manicurist, instructor, school of cosmetology, or salon that fails or refuses to comply with the provisions of this chapter and the rules and regulations of the board in carrying out the provisions of this chapter.
(2) The board shall have authority
to prescribe reasonable rules and regulations governing sanitation of schools of
cosmetology and beauty salons for the guidance of persons licensed under this chapter
in the operation of schools of cosmetology, or a beauty salon, and in the practice
of cosmetology, esthetics, manicuring and pedicuring * * *. 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. When the board has reason to
believe that any of the provisions of this chapter or of the rules and regulations
of the board have been violated, either upon receipt of a written complaint alleging
such violations or upon the board's own initiative, the board, or any of its authorized
agents, shall investigate same and shall have authority to enter upon the premises
of a school of cosmetology or salon at any time during the regular business hours
of that school or salon to conduct the investigation. Such investigation may include,
but not be limited to, conducting oral interviews with the complaining party, school
or salon owner(s) and/or students of the school, and reviewing records of the school
or salon pertinent to the complaint and related to an area subject to the authority
of the board. Such investigation shall not include written interviews or surveys
of school employees or students, and the privacy of patrons shall be respected by
any person making such investigation.
(3) On or before July 1, 2001, the board shall adopt regulations to ensure that all fingernail service products used by licensed cosmetologists, manicurists and other licensees do not contain methyl methacrylate (MMA) as a monomer agent for cosmetic nail applications.
(4) If the board finds that a violation of the provisions of this chapter or the rules and regulations of the board has occurred, it may cause a hearing to be held as set forth in Section 73-7-27.
SECTION 2. Section 73-7-9, Mississippi Code of 1972, is amended as follows:
73-7-9. No person required by
this chapter to have a license shall conduct a beauty salon or school of cosmetology,
or practice cosmetology, esthetics, manicuring and pedicuring, or practice as an
instructor, unless such person has received a license or temporary permit therefor
from the board. * * *
Anyone determined to have violated any of these rules or regulations prior
to being licensed by the board shall be subject to the same discipline by the board
as licensees. They may be disciplined and fined accordingly.
SECTION 3. Section 73-7-15, Mississippi Code of 1972, is amended as follows:
73-7-15. (1) The board shall admit to examination for a cosmetology instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
* * *
( * * *b) Is a graduate of a licensed cosmetology
school;
( * * *c) Has a high school education or its equivalent;
( * * *d) Has successfully completed one thousand
(1,000) hours of instructor training in a licensed school of cosmetology;
( * * *e) Has successfully completed six (6) semester
hours in college courses approved by the board;
( * * *f) Holds a current, valid Mississippi cosmetology
license; and
( * * *g) Has at least one (1) year active practical
experience as a cosmetologist or, as an alternative to such experience, has
successfully completed one thousand (1,000) hours of instructor training in a licensed
school of cosmetology.
(2) The board shall admit to examination for an esthetics instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
* * *
( * * *b) Has a high school education or its equivalent;
( * * *c) Has successfully completed one thousand (1,000)
hours of instructor training in a licensed school in which the practice of esthetics
is taught;
( * * *d) Has successfully completed six (6) semester
hours in college courses approved by the board;
( * * *e) Holds a current, valid Mississippi esthetician's
license; and
( * * *f) Has had one (1) year of active practical
experience as an esthetician or, as an alternative to such experience, has successfully
completed one thousand (1,000) hours of instructor training in a licensed school
in which the practice of esthetics is taught.
(3) The board shall admit to examination for a manicurist instructor's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than twenty-one (21) years of age;
* * *
( * * *b) Has a high school education or its equivalent;
( * * *c) Has successfully completed one thousand (1,000)
hours of instructor training in a licensed school in which the practice of manicuring
is taught;
( * * *d) Has successfully completed six (6) semester
hours in college courses approved by the board;
( * * *e) Holds a current, valid Mississippi manicurist's
license; and
( * * *f) Has had one (1) year of active practical
experience as a manicurist or, as an alternative to such experience, has successfully
completed one thousand (1,000) hours of instructor training in a licensed school
in which the practice of manicuring is taught.
(4) Applicants shall satisfactorily pass the examination prescribed by the board for licensing instructors prior to the issuance of the licenses provided for in this section. However, the board may, in its discretion, issue a temporary instructor's permit until such time as the next examination may be held, but such applicant shall be issued only one (1) temporary permit. All applications for an instructor's examination shall be accompanied by two (2) recent head photographs of the applicant.
(5) All instructors licensed pursuant to this section shall biennially obtain twenty-four (24) clock hours of continuing education in teacher training instruction in cosmetology or esthetics or manicuring, as the case may be, as approved by the board. Any instructor who fails to obtain the continuing education required by this subsection shall not be allowed to instruct nor enroll students under his or her license until such education requirement has been met. The board may issue an inactive instructor's license to such instructors, and an inactive license may be converted into an active license after proof satisfactory to the board of completion of at least twenty-four (24) clock hours of approved continuing education required for teacher training instruction.
(6) 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 4. Section 73-7-17, Mississippi Code of 1972, is amended as follows:
73-7-17. (1) * * * All schools of cosmetology or school owners shall have a
school license and shall pay to the board the required license fee. The board
is hereby authorized and empowered to promulgate necessary and reasonable rules
and regulations for the issuance of school licensees.
(2) * * * Any school making
application for a license under this act shall not be transferable for any
cause and shall include a surety bond in the penal sum of Fifty Thousand
Dollars ($50,000.00) in favor of the Mississippi State Board of Cosmetology on
a bond form completed by the insurance company or agency. The applicant may
file in lieu of the bond, cash or a certificate of deposit or government bonds
in the amount of Fifty Thousand Dollars ($50,000.00).
(3) The school applicant shall maintain a professional liability insurance policy covering any aspect of the facility, personnel and/or students.
(4) The school shall meet all applicable health and safety standards that may be required by local, state and federal agencies.
(5) Private business and vocational schools that have obtained national accreditation from an accrediting agency designated by the United States Department of Education must submit evidence of current accreditation. All licensed schools not yet accredited may receive a temporary license annually for a period not to exceed five (5) years until which time accreditation has been granted by an accrediting body recognized by the
U.S. Department of Education.
(6) The course content and length of instruction shall be of such nature and quality as to assure that the students will adequately develop the job skills and knowledge necessary for passing any and all examinations required for licensure.
(7) Schools shall provide favorable conditions for effective classroom instruction. A total pattern of successful instruction includes:
(a) Well-defined instructional objectives;
(b) Systematic planning;
(c) Selection and use of varied types of learning materials and experiences;
(d) Adaptation of organization and instructional procedures to student needs;
(e) Use of varied evaluation instruments and procedures; and
(f) Good student and teacher morale.
(8) Each board-approved school of cosmetology, esthetics or manicuring must provide proof to the board of an annual pass rate that meets or exceeds the current minimum standard as established by the board.
(9) The Board of Cosmetology will evaluate school curriculum for conformance with educational requirements set forth by the Mississippi Cosmetology Act.
(10) There shall be no automatic renewal of school licenses and each licensee shall be audited for conformity prior to the issuance of any a new license.
(11) The licensee shall notify the board at least thirty (30) days in advance of closure and provide a teach-out plan for existing students which must be approved by the board.
(12) In the event that a school closes a facility, the licensee must notify the board within sixty (60) days prior to closing and provide proof of the reason for the closure; proof of method developed to assist students with the completion of their program of study and individual courses; proof of notice sent to all currently enrolled students, notifying them of the closure; proof of notice given to students indicating where they may obtain any of their records; proof of disposition of student records, with a contact person, complete address and telephone number and how students' information may be obtained; proof of notice sent to all students who have paid for any tuition and/or fees for future enrollment in a program of study or individual course informing them of the closure, and refund information; proof of certified transcripts for each currently enrolled student who has paid for and completed coursework in lieu of receiving a full or partial refund. In the event a school files a bankruptcy petition, a certified copy must be filed with the Board of Cosmetology.
SECTION 5. Section 73-7-18, Mississippi Code of 1972, is amended as follows:
73-7-18. (1) The board shall admit to examination for an esthetician's license any person who has made application to the board in proper form, has paid the required fee, and who:
(a) Is not less than seventeen (17) years of age;
* * *
( * * *b) Has a high school education or its equivalent;
and
( * * *c) Has successfully completed a course
of training in esthetics of not less than six hundred (600) hours in an accredited
school in which the practice of esthetics is taught, including not less than one
hundred (100) hours of theory and five hundred (500) hours of skill practice.
Any licensed esthetician wishing to acquire a cosmetology license may apply the six hundred (600) hours of esthetics training toward the requirements for a cosmetology license.
(2) Every person who has completed not less than three hundred fifty (350) hours of training in esthetics approved by the board in this or any other state prior to July 1, 1987, shall be registered with the board within a period not exceeding six (6) months after July 1, 1987, and shall be granted an esthetician's license by the board if such person presents satisfactory evidence to the board that he or she has fulfilled all the requirements to be admitted to examination except the training hours requirement.
(3) 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, Mississippi Code of 1972.
SECTION 6. Section 73-7-21, Mississippi Code of 1972, is amended as follows:
73-7-21. (1) The board shall admit to examination for a manicurist's 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) Has successfully completed no less than
three hundred fifty (350) hours of practice and related theory in manicuring and
pedicuring over a period of no less than nine (9) weeks in an accredited school
of cosmetology in this or any other state; and
( * * *c) Has a high school education or its equivalent.
(2) Licensed manicurists desiring to pursue additional hours to be eligible for a license as a cosmetologist may be credited with the three hundred fifty (350) hours acquired in studying and training to be a manicurist which may be applied to the number of hours required for a cosmetology license examination.
(3) The board shall adopt regulations governing the use of electric nail files for the purpose of filing false or natural nails.
(4) 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 73-7-23, Mississippi Code of 1972, is amended as follows:
73-7-23. (1) The board may, upon application, issue a license by reciprocity to any cosmetologist, esthetician or manicurist over the age of seventeen (17) years from any other state who has satisfactorily completed the required number of accredited hours in that state, provided the state board from which the applicant comes issues to cosmetologists, estheticians or manicurists, as the case may be, from the State of Mississippi a license under the same conditions and the other state has entered into a written reciprocal agreement between participating states. Applications must be accompanied by (a) proof satisfactory to the board that the required hours have been completed, and (b) the required reciprocity fee, which shall be paid to the board.
(2) An instructor from any other state may be qualified for a Mississippi instructor's license upon presenting a valid instructor's license and proof of a high school education or its equivalent, provided that the instructor (a) is not less than twenty-one (21) years of age, (b) has completed training equivalent to the State of Mississippi's training as provided in Section 73-7-15 or has three (3) years or more of experience as a licensed instructor prior to application, (c) can read, write and speak English, (d) has completed twelve (12) semester hours in college courses approved by the board, and (e) has completed a minimum of five (5) continuing education hours in Mississippi board laws, rules and regulations. Such application must be accompanied by two (2) recent passport photographs of the applicant. Applicants shall pay the required license fee.
(3) An applicant for a Mississippi instructor's license by reciprocity who has not completed the college courses requirement at the time of application may apply for a onetime temporary teaching permit, which shall be valid for six (6) months and shall be nonrenewable. Such application must be accompanied by proof of enrollment in college course(s), required permit fee, two (2) recent passport photographs of the applicant and other documentation as required for application for a Mississippi instructor's license by reciprocity. Upon proof of completion of college courses and payment of the required license fee, a Mississippi instructor's license shall be issued.
(4) The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
SECTION 8. 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. Such complaint shall be in writing, signed by the accuser or accusers, and verified under oath, and such 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. In the event of 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 such 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 such person: (a) has not complied with an order, decision or ruling of the board 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 such person.
(3) (a) The board shall
not revoke, suspend or refuse to issue or renew any license or certificate * * *
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. Such 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 such applicant, licensee or holder of a certificate.
The hearing on such charges shall be at such time and place as the board may prescribe.
The provisions of this paragraph (a) shall not apply to the board's collection
of a civil penalty or fine imposed by the board under paragraph (b) of this subsection.
(b) Any civil penalty or fine imposed by the board under this chapter shall become due and payable when the person incurring the penalty receives a notice in writing from the board of the penalty. The notice shall be sent by registered or certified mail. The person to whom the notice is addressed shall have thirty (30) days from the date of mailing of the notice in which to make written application for a hearing. Any person who makes that application shall be entitled to a hearing. The hearing shall be conducted as a contested case hearing. When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, unless the amount of penalty is paid within ten (10) days after the order becomes final, it may be recorded with the circuit clerk in any county of this state. The clerk shall then record the name of the person incurring the penalty and the amount of the penalty in his lien record book.
(4) At such hearings, all witnesses shall be sworn by a member of the board or court reporter, and stenographic notes of the proceedings shall be taken. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon payment to the board of such fees as it shall prescribe, not exceeding, however, the actual costs of transcription.
(5) The board is hereby authorized and empowered to 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 such process shall be served by any person designated by the board for such service. The person serving such 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 shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such 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 the same manner as are enforced for 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 such applicant, licensee or holder of a certificate, by way of United States first-class certified mail, postage prepaid. Such 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 of the First Judicial District of Hinds County, Mississippi, 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 in the event notice of appeal, together with the appeal bond hereinafter required, shall not have been forwarded to the board within the thirty-day period. Appeal shall be to the Chancery Court of the First Judicial District of Hinds County, Mississippi. 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, * * * first pay the costs for the transcription
of the record of the hearing(s) and proceeding(s) before the board in which the
adverse ruling, order or decision of the board was made.
(9) In the event of 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, such 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 * * *
class designation of fines:
(a) * * *
Class A. Class A violations shall be set at no less than Five Hundred Dollars
($500.00) nor more than One Thousand Dollars ($1,000.00). Class A violations are
specific to the following:
(i) Unlicensed practice or the use of fraudulent statements to obtain any benefits or privileges under this chapter or practicing one (1) of the professions without a license. These violations will be handled in accordance with the requirements of Section 73-7-27 or 73-7-37, as applicable.
(ii) Extremely dangerous to the health and safety of the general public.
(b) * * * Class B. Class B
violations shall be set at no more than Two Hundred Fifty Dollars ($250.00) nor
more than Seven Hundred Fifty Dollars ($750.00). Class B violations are major
health and safety concerns that are detrimental to public safety and welfare.
(c) Class C. Class C violations shall be set at no more than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). Class C violations are minor health and safety violations that are detrimental to public safety and welfare.
The power and authority of the board to impose such 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 9. Section 73-7-29, Mississippi Code of 1972, is amended as follows:
73-7-29. The State Board of Cosmetology shall assess fees in the following amounts and for the following purposes:
(a) Initial license/renewal for cosmetologist,
manicurist * * * or esthetician * * *.................... $ 50.00
(b) Instructor initial license/renewal......... 80.00
(c) Master cosmetologist license/renewal....... 70.00
(d) Delinquent renewal penalty - cosmetologist,
manicurist, esthetician * * * and instructor..............
50.00
There shall be no renewal fee for any licensee
seventy (70) years of age or older.
(e) Salon application and initial inspection... 85.00
(f) Salon reinspection........................ 35.00
(g) Salon change of ownership or location,
or both................................................. 85.00
(h) Salon renewal............................. 60.00
(i) Salon delinquent renewal penalty........... 50.00
(j) Application and initial inspection for a
new school.............................................. 300.00
(k) New school reinspection................... 100.00
(l) School change of ownership................ 300.00
(m) School relocation......................... 150.00
(n) School renewal............................ 75.00
(o) School delinquent renewal penalty.......... 100.00
(p) Duplicate license......................... 10.00
(q) Penalty for insufficient fund checks....... 20.00
(r) Affidavit processing...................... 15.00
The State Board of Cosmetology may charge additional fees for services which 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 is fully authorized to make refunds of any deposits received by the board for services which are not rendered. Refunds will automatically be made on overpayment of fees. Refunds will be made on underpayments by written requests from applicants. If no request for refund is made within sixty (60) days, the fees will be forfeited.
SECTION 10. Section 73-7-37, Mississippi Code of 1972, is amended as follows:
73-7-37.
(1) The violation of any of the provisions of this chapter, including the use
of fraudulent statements to obtain any benefits or privileges under this
chapter or practicing one (1) of these professions without a license, shall
constitute a misdemeanor, punishable in any court of competent jurisdiction at
the seat of government, and any person or firm convicted of the violation of
any of the provisions of this chapter shall be fined not less than * * * Five Hundred
Dollars ($500.00) nor more than * * * One Thousand
Dollars ($1,000.00). The court shall not be authorized to suspend or
suspend the execution of the fine required under this section.
(2) If
any person, * * *
salon, school or other type of business entity engaged in the practice or
teaching of the provisions governed by this chapter violates any of the
provisions of this chapter, the secretary of the board, upon direction of a
majority of the board and in the name of the board, acting through the Attorney
General or an attorney employed by the board, shall apply in the Chancery Court
of the * * * county in
which the person or licensee resides or in the county which the person or
licensee practices, or the county in which the salon, school or other type of
business entity is located, for an order enjoining such violation or for an
order enforcing compliance with the provisions of this chapter. Upon the
filing of a verified petition in the chancery court and after notice as
provided under the Mississippi Rules of Civil Procedure, such court, if
satisfied by the sworn petition, by affidavit or otherwise, that such person or
entity has violated any of the provisions of this chapter, may issue an
injunction without notice or bond, enjoining such continued violation and such
injunction shall remain in force and effect until a final hearing. If at such
hearing it is established that such person or entity has violated or is
violating any of the provisions of this chapter, the court may enter a decree
permanently enjoining such violation or enforcing compliance with this chapter.
In addition, the court may enter a judgment against such person or entity
for attorney's fees, court costs and the actual costs incurred by the board in
investigating the actions of such person or entity for which the board brought
the suit for an injunction. In case of violation of any decree issued in
compliance with this subsection, the court may punish the offender for contempt
of court and the court shall proceed as in other cases.
(3) The proceedings in this section shall be in addition to and not in lieu of the other remedies and penalties provided in this chapter.
SECTION 11. This act shall take effect and be in force from and after July 1, 2023.