| 1 | 1 | | 25 LC 55 0551 |
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| 2 | 2 | | Senate Bill 275 |
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| 3 | 3 | | By: Senators Anderson of the 43rd, Davenport of the 17th, Jones II of the 22nd, Jackson of |
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| 4 | 4 | | the 41st, Merritt of the 9th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to |
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| 8 | 8 | | 1 |
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| 9 | 9 | | barbers and cosmetologists, so as to remove the State Board of Cosmetology and Barbers2 |
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| 10 | 10 | | from the jurisdiction of the Secretary of State; to make such board a division of the3 |
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| 11 | 11 | | Department of Public Health; to provide for the independence of the board from the4 |
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| 12 | 12 | | department; to provide for an executive director of the board; to provide for the duties of the5 |
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| 13 | 13 | | executive director; to provide for meetings of the board; to provide for venue; to provide for6 |
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| 14 | 14 | | point credit to veterans; to provide for additional powers and duties of the board; to provide7 |
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| 15 | 15 | | for the payment of expenses of members of the board; to make conforming changes; to revise8 |
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| 16 | 16 | | and provide for definitions; to provide for related matters; to repeal conflicting laws; and for9 |
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| 17 | 17 | | other purposes.10 |
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| 18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 19 | 19 | | SECTION 1.12 |
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| 20 | 20 | | Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to barbers and13 |
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| 21 | 21 | | cosmetologists, is amended in Code Section 43-10-1, relating to definitions, by revising14 |
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| 22 | 22 | | paragraph (9.1) and adding a new paragraph to read as follows:15 |
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| 23 | 23 | | S. B. 275 |
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| 24 | 24 | | - 1 - 25 LC 55 0551 |
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| 25 | 25 | | "(8.1) 'Executive director' means the executive director appointed by the board pursuant16 |
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| 26 | 26 | | to Code Section 43-10-2.1."17 |
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| 27 | 27 | | "(9.1) 'License' means a certificate of registration or other document issued by the board18 |
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| 28 | 28 | | or by the division executive director on behalf of the board pursuant to the provisions of19 |
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| 29 | 29 | | this chapter permitting an individual to practice in an occupation or operate a school."20 |
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| 30 | 30 | | SECTION 2.21 |
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| 31 | 31 | | Said chapter is further amended in Code Section 43-10-2, relating to State Board of22 |
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| 32 | 32 | | Cosmetology and Barbers and members, meetings, officers, and powers, by revising23 |
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| 33 | 33 | | subsections (f) and (h) as follows:24 |
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| 34 | 34 | | "(f) Board members shall be appointed by the Governor for a term of three years and until25 |
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| 35 | 35 | | their successors are appointed and qualified. Vacancies shall be filled by the Governor for26 |
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| 36 | 36 | | the unexpired portion of the term. The board may do all things necessary for carrying this27 |
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| 37 | 37 | | chapter into effect and may, from time to time, promulgate necessary rules and regulations28 |
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| 38 | 38 | | compatible with this chapter. The Governor may remove any board member for cause as29 |
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| 39 | 39 | | provided in Code Section 43-1-17."30 |
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| 40 | 40 | | "(h) The board shall adopt a seal to be used to authenticate all its official papers and acts31 |
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| 41 | 41 | | and shall have power to subpoena witnesses, administer oaths, and hear and take testimony32 |
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| 42 | 42 | | in any matter over which it may have jurisdiction Reserved."33 |
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| 43 | 43 | | SECTION 3.34 |
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| 44 | 44 | | Said chapter is further amended by adding two new Code sections to read as follows:35 |
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| 45 | 45 | | "43-10-2.1.36 |
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| 46 | 46 | | (a) On and after July 1, 2025, the board shall not be under the jurisdiction of the Secretary37 |
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| 47 | 47 | | of State but shall be a division of the Department of Public Health; provided, however, that,38 |
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| 48 | 48 | | except as otherwise specifically provided, the board shall be autonomous from the39 |
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| 49 | 49 | | Department of Public Health and the commissioner of public health and shall exercise its40 |
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| 50 | 50 | | S. B. 275 |
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| 51 | 51 | | - 2 - 25 LC 55 0551 |
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| 52 | 52 | | quasi-judicial, rule-making, licensing, or policy-making functions independently of such41 |
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| 53 | 53 | | department and without approval or control of such department and prepare its budget and42 |
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| 54 | 54 | | submit its budgetary requests, if any, through such department. Such transfer shall in no43 |
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| 55 | 55 | | way affect any existing obligations, liabilities, or rights of the board, as such existed on44 |
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| 56 | 56 | | June 30, 2025. The board shall have with respect to all matters within the jurisdiction of45 |
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| 57 | 57 | | the board as provided under this chapter the powers, duties, and functions of professional46 |
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| 58 | 58 | | licensing boards as provided in Chapter 1 of this title.47 |
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| 59 | 59 | | (b) The board shall appoint and fix the compensation of an executive director of such48 |
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| 60 | 60 | | board who shall serve at the pleasure of the board. The executive director shall have those49 |
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| 61 | 61 | | duties and powers prescribed by the board and any power, duty, and functions granted to50 |
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| 62 | 62 | | the division director with respect to professional licensing boards under Chapter 1 of this51 |
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| 63 | 63 | | title but shall not be subject to any approval or other powers exercised by the Secretary of52 |
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| 64 | 64 | | State.53 |
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| 65 | 65 | | (c) Meetings and hearings of the board shall be held at the site of the office of the board54 |
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| 66 | 66 | | or at such other site as may be specified by the chairperson of the board. A majority of the55 |
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| 67 | 67 | | members of the board shall constitute a quorum for the transaction of business of the board.56 |
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| 68 | 68 | | (d) The board, through the executive director, may hire investigators for the purpose of57 |
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| 69 | 69 | | conducting investigations. Any person so employed, if certified by the Georgia Peace58 |
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| 70 | 70 | | Officer Standards and Training Council under Chapter 8 of Title 35, the 'Georgia Peace59 |
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| 71 | 71 | | Officer Standards and Training Act,' shall be considered to be a peace officer and shall60 |
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| 72 | 72 | | have all powers, duties, and status of a peace officer of this state; provided, however, that61 |
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| 73 | 73 | | such investigators shall only be authorized, upon written approval of the executive director,62 |
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| 74 | 74 | | notwithstanding Code Sections 16-11-126 and 16-11-129, to carry firearms in the63 |
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| 75 | 75 | | performance of their duties and exercise the powers of arrest in the performance of their64 |
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| 76 | 76 | | duties.65 |
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| 77 | 77 | | (e) The venue of any action involving members of the board shall be the county in which66 |
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| 78 | 78 | | is found the primary office of the governmental entity of which the defendant is an officer.67 |
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| 79 | 79 | | S. B. 275 |
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| 80 | 80 | | - 3 - 25 LC 55 0551 |
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| 81 | 81 | | The executive director of the board shall not be considered a member of the board in68 |
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| 82 | 82 | | determining the venue of any such action and no court shall have jurisdiction of any such69 |
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| 83 | 83 | | action solely by virtue of the executive director residing or maintaining a residence within70 |
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| 84 | 84 | | its jurisdiction.71 |
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| 85 | 85 | | (f) The board shall give point credit to veterans in the same manner as required under Code72 |
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| 86 | 86 | | Sections 43-1-9 through 43-1-13.73 |
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| 87 | 87 | | (g) Initial judicial review of a final decision of the board shall be held solely in the74 |
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| 88 | 88 | | superior court of the county of domicile of the board.75 |
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| 89 | 89 | | (h) The executive director shall prepare and maintain a roster containing the names and76 |
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| 90 | 90 | | addresses of all persons holding a current license issued under this chapter. A copy of this77 |
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| 91 | 91 | | roster shall be available to any person upon request at a fee prescribed by the executive78 |
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| 92 | 92 | | director sufficient to cover the cost of printing and distribution.79 |
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| 93 | 93 | | (i) The executive director, with the approval of the board, notwithstanding any other80 |
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| 94 | 94 | | provisions of law to the contrary, shall enter into such contracts as are deemed necessary81 |
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| 95 | 95 | | to carry out this chapter to provide for all services required of the board.82 |
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| 96 | 96 | | 43-10-2.2.83 |
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| 97 | 97 | | In addition to all other powers of the board as provided in this chapter, the board shall have84 |
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| 98 | 98 | | the following powers and duties:85 |
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| 99 | 99 | | (1) To adopt, amend, and repeal rules and regulations to carry out the performance of its86 |
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| 100 | 100 | | duties as set forth in this chapter;87 |
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| 101 | 101 | | (2) To examine all applicants for licenses under this chapter and to issue licenses in88 |
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| 102 | 102 | | accordance with this chapter;89 |
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| 103 | 103 | | (3) To make all necessary bylaws and rules for the governance of the board and the90 |
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| 104 | 104 | | performance of its duties;91 |
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| 105 | 105 | | (4) To have and use a common seal bearing the name 'State Board of Cosmetology and92 |
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| 106 | 106 | | Barbers' by which the board shall authenticate the acts of the board;93 |
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| 107 | 107 | | S. B. 275 |
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| 108 | 108 | | - 4 - 25 LC 55 0551 |
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| 109 | 109 | | (5) To revoke, suspend, issue terms and conditions for, place on probation, limit the94 |
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| 110 | 110 | | practice of, fine, require additional training for, or otherwise sanction licensees or others95 |
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| 111 | 111 | | over whom the board has jurisdiction under this chapter;96 |
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| 112 | 112 | | (6) To employ an executive director and such other staff as the board may deem97 |
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| 113 | 113 | | necessary and appropriate to implement this chapter and provide support;98 |
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| 114 | 114 | | (7) To keep a docket of public proceedings, actions, and filings;99 |
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| 115 | 115 | | (8) To set its office hours;100 |
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| 116 | 116 | | (9) To set and charge reasonable fees, including, but not limited to, an application fee,101 |
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| 117 | 117 | | license fee, license renewal fee, or similar fee, that are sufficient to cover its costs of102 |
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| 118 | 118 | | operations;103 |
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| 119 | 119 | | (10) To initiate investigations for purposes of discovering violations of this chapter;104 |
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| 120 | 120 | | (11) To administer oaths, subpoena witnesses and documentary evidence, and take105 |
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| 121 | 121 | | testimony in all matters relating to its duties;106 |
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| 122 | 122 | | (12) To conduct hearings, reviews, and other proceedings in accordance with Chapter107 |
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| 123 | 123 | | 13 of Title 50, the 'Georgia Administrative Procedure Act';108 |
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| 124 | 124 | | (13) To conduct investigative interviews;109 |
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| 125 | 125 | | (14) To issue cease and desist orders to stop unlicensed persons from engaging in110 |
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| 126 | 126 | | activity requiring a license under this chapter;111 |
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| 127 | 127 | | (15) To refer cases for criminal prosecution or injunctive relief to appropriate112 |
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| 128 | 128 | | prosecuting attorneys or other law enforcement authorities of this state, another state, or113 |
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| 129 | 129 | | the United States;114 |
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| 130 | 130 | | (16) To release investigative or applicant files to another enforcement agency or lawful115 |
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| 131 | 131 | | licensing authority in another state;116 |
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| 132 | 132 | | (17) To sue and be sued in a court of competent jurisdiction;117 |
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| 133 | 133 | | (18) To enter into contracts;118 |
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| 134 | 134 | | (19) To accept donations, contributions, grants, or bequests of funds or property; and119 |
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| 135 | 135 | | (20) To do all things necessary for carrying out the provisions of this chapter."120 |
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| 136 | 136 | | S. B. 275 |
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| 137 | 137 | | - 5 - 25 LC 55 0551 |
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| 138 | 138 | | SECTION 4. |
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| 139 | 139 | | 121 |
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| 140 | 140 | | Said chapter is further amended by revising Code Section 43-10-3, relating to reimbursement122 |
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| 141 | 141 | | of board members, as follows:123 |
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| 142 | 142 | | "43-10-3.124 |
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| 143 | 143 | | Each member of the board shall be reimbursed as provided for in subsection (f) of Code |
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| 144 | 144 | | 125 |
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| 145 | 145 | | Section 43-1-2 receive the expense allowance as provided by subsection (b) of Code126 |
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| 146 | 146 | | Section 45-7-21 and the same mileage allowance for the use of a personal car as that127 |
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| 147 | 147 | | received by other state officials and employees or a travel allowance of actual128 |
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| 148 | 148 | | transportation costs if traveling by public carrier within this state. Each board member129 |
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| 149 | 149 | | shall also be reimbursed for any conference or meeting registration fee incurred in the130 |
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| 150 | 150 | | performance of his or her duties as a board member. For each day's service outside of this131 |
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| 151 | 151 | | state as a board member, such member shall receive actual expenses as an expense132 |
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| 152 | 152 | | allowance as well as the mileage allowance for the use of a personal car equal to that133 |
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| 153 | 153 | | received by other state officials and employees or a travel allowance of actual134 |
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| 154 | 154 | | transportation costs if traveling by public carrier or by rental motor vehicle. Expense135 |
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| 155 | 155 | | vouchers submitted by board members are subject to approval of the chairperson of the136 |
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| 156 | 156 | | board and the executive director. Out-of-state travel by board members must be approved137 |
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| 157 | 157 | | by the chairperson of the board and the executive director."138 |
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| 158 | 158 | | SECTION 5.139 |
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| 159 | 159 | | Said chapter is further amended by revising Code Section 43-10-5, relating to records of140 |
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| 160 | 160 | | board generally, as follows:141 |
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| 161 | 161 | | "43-10-5.142 |
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| 162 | 162 | | The division executive director shall keep a record of all proceedings of the board. Such143 |
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| 163 | 163 | | records shall be prima-facie evidence of all matters required to be kept therein, and144 |
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| 164 | 164 | | certified copies of the same or parts thereof shall be primary evidence of their contents. 145 |
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| 165 | 165 | | All such copies, other documents, or certificates lawfully issued upon the authority of the146 |
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| 166 | 166 | | S. B. 275 |
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| 167 | 167 | | - 6 - 25 LC 55 0551 |
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| 168 | 168 | | board shall, when authenticated under the seal of the board, be admitted in any |
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| 169 | 169 | | 147 |
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| 170 | 170 | | investigation in any court or elsewhere without further proof."148 |
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| 171 | 171 | | SECTION 6.149 |
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| 172 | 172 | | Said chapter is further amended by revising Code Section 43-10-7, relating to issuance of150 |
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| 173 | 173 | | certificates of registration, as follows:151 |
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| 174 | 174 | | "43-10-7.152 |
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| 175 | 175 | | It shall be the duty of the board to issue through the division |
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| 176 | 176 | | executive director those153 |
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| 177 | 177 | | certificates of registration for which provision is made in this chapter."154 |
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| 178 | 178 | | SECTION 7.155 |
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| 179 | 179 | | Said chapter is further amended in Code Section 43-10-8, relating to certificate of registration156 |
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| 180 | 180 | | required, by revising subsection (h) as follows:157 |
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| 181 | 181 | | "(h) It shall also be unlawful for any person or persons to operate a beauty shop, beauty158 |
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| 182 | 182 | | salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school159 |
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| 183 | 183 | | of nail care, or school of barbering without first having obtained a certificate of registration160 |
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| 184 | 184 | | for such shop, salon, or school as provided in this chapter. Any beauty shop, beauty salon,161 |
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| 185 | 185 | | barber shop, school of cosmetology, school of hair design, school of esthetics, school of162 |
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| 186 | 186 | | nail care, or school of barbering shall register with the division executive director of the163 |
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| 187 | 187 | | professional licensing boards prior to opening."164 |
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| 188 | 188 | | SECTION 8.165 |
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| 189 | 189 | | Said chapter is further amended in Code Section 43-10-9, relating to application for166 |
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| 190 | 190 | | certificate of registration, by replacing "division director" with "executive director" each time167 |
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| 191 | 191 | | such term occurs.168 |
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| 192 | 192 | | S. B. 275 |
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| 193 | 193 | | - 7 - 25 LC 55 0551 |
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| 194 | 194 | | SECTION 9. |
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| 195 | 195 | | 169 |
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| 196 | 196 | | Said chapter is further amended in Code Section 43-10-10, relating to display of certificate170 |
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| 197 | 197 | | of registration, renewal, reinstatement, continuing education requirements, and exemptions,171 |
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| 198 | 198 | | by revising subsection (a) as follows:172 |
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| 199 | 199 | | "(a) The holder of any certificate of registration issued under Code Section 43-10-9 shall173 |
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| 200 | 200 | | display the same in a conspicuous place in his or her beauty shop, beauty salon, or barber174 |
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| 201 | 201 | | shop. Certificates of registration issued under Code Section 43-10-9 shall be renewable for175 |
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| 202 | 202 | | a period of up to four years as approved by the division |
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| 203 | 203 | | executive director. The holder176 |
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| 204 | 204 | | shall pay to the division executive director a renewal fee in such amount as shall be set by177 |
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| 205 | 205 | | the board by regulation. Upon failure to renew such certificate of registration, it shall stand178 |
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| 206 | 206 | | automatically revoked. The holder shall be disqualified from practicing any occupation179 |
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| 207 | 207 | | under this chapter until all fees to date of application for reinstatement shall be paid, an180 |
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| 208 | 208 | | application for reinstatement shall be submitted along with a reinstatement fee in such181 |
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| 209 | 209 | | amount as shall be set by the board by regulation, and documentation shall be submitted182 |
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| 210 | 210 | | of completion of all required continuing education hours since the date the registration was183 |
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| 211 | 211 | | automatically revoked. If the board is satisfied that the applicant for reinstatement meets184 |
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| 212 | 212 | | all the qualifications set forth in this Code section and Code Section 43-10-9, the applicant185 |
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| 213 | 213 | | shall be issued a new certificate of registration."186 |
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| 214 | 214 | | SECTION 10.187 |
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| 215 | 215 | | Said chapter is further amended by revising Code Section 43-10-11, relating to registration188 |
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| 216 | 216 | | of shops, salons, and schools, as follows:189 |
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| 217 | 217 | | "43-10-11.190 |
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| 218 | 218 | | All beauty shops, beauty salons, barber shops, schools of cosmetology, schools of hair191 |
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| 219 | 219 | | design, schools of esthetics, schools of nail care, and schools of barbering shall be192 |
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| 220 | 220 | | registered with the division executive director by the owner or manager. Such registration193 |
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| 221 | 221 | | shall be made by the filing of an application on forms furnished by the division executive194 |
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| 222 | 222 | | S. B. 275 |
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| 223 | 223 | | - 8 - 25 LC 55 0551 |
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| 224 | 224 | | director; shall include the name and location of the shop, salon, or school, the name and |
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| 225 | 225 | | 195 |
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| 226 | 226 | | address of the owner, and the names and addresses of all instructors of the shop, salon, or196 |
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| 227 | 227 | | school at the time of registration; and shall be accompanied by a registration fee in such197 |
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| 228 | 228 | | amount as shall be set by the board by regulation. The board may require salon, shop, or198 |
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| 229 | 229 | | school owners to complete a board approved course covering health, sanitation, and safety,199 |
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| 230 | 230 | | or rules and regulations of the board and applicable laws, or a combination thereof prior200 |
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| 231 | 231 | | to issuing a registration to the owner. The board is authorized and directed to issue a201 |
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| 232 | 232 | | certificate of registration to each shop, salon, or school so registering and paying such fee,202 |
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| 233 | 233 | | which certificate shall be displayed in a conspicuous place in the registered shop, salon, or203 |
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| 234 | 234 | | school."204 |
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| 235 | 235 | | SECTION 11.205 |
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| 236 | 236 | | Said chapter is further amended in Code Section 43-10-12, relating to regulation and licenses206 |
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| 237 | 237 | | for schools, teachers and instructors, registration of apprentices, and certification as teacher207 |
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| 238 | 238 | | by Department of Education, by revising paragraph (3) of subsection (a) and paragraphs (1)208 |
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| 239 | 239 | | and (7) of subsection (e) as follows:209 |
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| 240 | 240 | | "(3) All master cosmetologists, hair designers, estheticians, nail care technicians, master210 |
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| 241 | 241 | | barbers, and barbers II who take an apprentice pursuant to Code Section 43-10-14 shall211 |
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| 242 | 242 | | file immediately with the board through the division |
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| 243 | 243 | | executive director the name and age212 |
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| 244 | 244 | | of such apprentice; and the board shall cause such information to be entered on a register213 |
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| 245 | 245 | | kept by the division executive director for that purpose."214 |
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| 246 | 246 | | "(e)(1) All teachers or instructors shall devote their entire time to instruction of students. 215 |
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| 247 | 247 | | Any individual desiring to teach or instruct in any school of cosmetology, school of216 |
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| 248 | 248 | | esthetics, school of hair design, school of nail care, or school of barbering shall first file217 |
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| 249 | 249 | | his or her application with the division executive director for a license, shall pay a fee in218 |
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| 250 | 250 | | such amount as shall be set by the board by rules and regulations, and shall successfully219 |
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| 251 | 251 | | pass both a written and a practical examination to become an instructor."220 |
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| 252 | 252 | | S. B. 275 |
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| 253 | 253 | | - 9 - 25 LC 55 0551 |
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| 254 | 254 | | "(7) Any teacher or instructor shall renew his or her certificate of registration to teach in |
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| 255 | 255 | | 221 |
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| 256 | 256 | | accordance with the rules and regulations of the division director |
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| 257 | 257 | | board governing222 |
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| 258 | 258 | | expiration dates of certificates of registration by remitting with his or her application a223 |
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| 259 | 259 | | renewal fee in such amount as shall be set by the board by regulation; provided, however,224 |
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| 260 | 260 | | that any teacher or instructor who fails to renew his or her certificate of registration to225 |
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| 261 | 261 | | practice as a cosmetologist, esthetician, or nail technician on or before the date226 |
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| 262 | 262 | | established by the board by regulation shall automatically have his or her certificate of227 |
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| 263 | 263 | | registration to teach or instruct suspended. A person failing to renew his or her certificate228 |
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| 264 | 264 | | of registration of a teacher or instructor at the end of the late renewal period following the229 |
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| 265 | 265 | | expiration date shall be required to pay a reinstatement fee."230 |
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| 266 | 266 | | SECTION 12.231 |
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| 267 | 267 | | Said chapter is further amended in Code Section 43-10-14, relating to study by individuals232 |
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| 268 | 268 | | 16 years of age and older, registration of apprentices, registration certificate, and waiver of233 |
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| 269 | 269 | | education requirements, by revising subsection (b) as follows:234 |
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| 270 | 270 | | "(b) Every beauty shop, beauty salon, and barber shop owner shall have the responsibility235 |
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| 271 | 271 | | for registering apprentices with the division executive director. The shop of salon owner236 |
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| 272 | 272 | | shall file a statement in writing, showing the apprentice's name and the address of the shop. 237 |
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| 273 | 273 | | The board shall have the authority to require the shop or salon owner or master238 |
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| 274 | 274 | | cosmetologist, hair designer, esthetician, nail technician, or master barber who is239 |
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| 275 | 275 | | supervising the apprentice to furnish to the board the number of hours completed by the240 |
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| 276 | 276 | | apprentice. The shop or salon owner shall remit to the division executive director a fee in241 |
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| 277 | 277 | | such amount as shall be set by the board by regulation for the registration of the apprentice. 242 |
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| 278 | 278 | | The apprentice shall receive a certificate of registration showing the capacity in which he243 |
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| 279 | 279 | | or she is permitted to practice barbering or the occupation of a cosmetologist. The244 |
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| 280 | 280 | | certificate of registration shall be effective for a period of four years. A certificate of245 |
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| 281 | 281 | | registration authorizing a person to learn barbering or the occupation of a cosmetologist246 |
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| 282 | 282 | | S. B. 275 |
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| 283 | 283 | | - 10 - 25 LC 55 0551 |
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| 284 | 284 | | under a cosmetologist, master cosmetologist, hair designer, esthetician, nail technician, or |
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| 285 | 285 | | 247 |
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| 286 | 286 | | master barber shall not be renewed; and, upon the expiration of certificate of registration248 |
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| 287 | 287 | | issued, such person shall not be permitted to practice in any capacity."249 |
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| 288 | 288 | | SECTION 13.250 |
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| 289 | 289 | | All laws and parts of laws in conflict with this Act are repealed.251 |
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| 290 | 290 | | S. B. 275 |
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| 291 | 291 | | - 11 - |
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