10 Guam Code Ann. § 18128
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | up to $1,000 |
Terms Used In 10 Guam Code Ann. § 18128
- Conviction: A judgement of guilt against a criminal defendant.
(1) pay the required fee as approved by the Board;
(2) public and private post-secondary schools are accredited by the Western Association of Schools and Colleges, or the National Accrediting Commission of Career Arts and Sciences or its successor; the school license shall be renewed annually after inspection.
(A) The Board may issue an interim school license to schools without accreditation. Within two (2) years after being issued an interim school license by the Board, the school shall submit to the Board proof that it has applied for accreditation with the Western Association of Schools and Colleges, or the National Accrediting Commission of Career Arts and Sciences or its successor. If a school fails to provide documentation that it has applied for accreditation, the interim license shall be rescinded. Within five (5) years after being issued an interim school license by the Board, a school shall submit to the Board proof that it has achieved accreditation. The interim school license shall be renewed annually after inspection.
(i) All documents submitted to the Western
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Association of Schools and Colleges, or the National Accrediting Commission of Career Arts and Sciences or its successor for the purposes of accreditation must also be submitted to the Board. The Board may rescind an interim school license if a school fails to provide these documents.
(ii) A school can only hold an interim school license for a total of five (5) consecutive years.
(B) If a school loses accreditation, the school has two (2) years to regain accreditation before their school license is rescinded.
(b) No school of cosmetology shall be granted a certificate of license, unless the school provides for health-related instructions or injuries, and employs and maintains a:
(1) sufficient number of licensed instructors and requires courses of instruction in cosmetology of not less than one thousand six hundred (1,600) hours extending over a period of not less than nine (9) months, and maintains such courses in both practical and technical instruction, including instruction in sanitary sterilization and the use of antiseptics, necessary to meet the requirements for examination for certificate, registration and license as a cosmetologist; and
(2) procedure to consult with a Guam licensed physician.
(c) No school of electrology shall be granted a certificate of registration and license, unless it provides for health-related instructions or injuries, and employs and maintains a:
(1) sufficient number of licensed instructors and requires courses of instruction in electrology of not less than five hundred (500) hours extending over a period of not less than four (4) months and maintains such courses in both practical and technical instruction, including instruction in sanitary sterilization and the use of antiseptics, necessary to meet the requirements for examination for certificate, registration and license as an electrologist. Any school of cosmetology providing a course in electrology shall meet the
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requirements of this Subsection; and
(2) procedure to consult with a Guam licensed physician.
(d) Persons receiving instructor training in a cosmetology, esthetician, electrology, barbering or nail technology school shall spend all of their training time under the direct supervision of a licensed instructor and shall not be left in charge of students or school at any time during their six hundred (600) hours of training without the direct supervision of a licensed instructor in the classroom or in the clinic area where patrons are serviced. Instructor trainees may instruct only in the presence of a licensed instructor.
(e) Persons receiving instructor training are not permitted to perform clinical services on a patron for compensation, either by appointment or otherwise.
(f) Persons receiving instructor training shall be furnished an instructor training manual.
(g) Students seeking an instructor certificate of completion from an accredited school of cosmetology, nail technology, esthetics, electrology or barbering must complete Vocational Education I and Vocational Education II (classes typical of the program often includes some variation of Instructor Concepts, Instructor Practicum, Laboratory and Clinical Supervision, Classroom Management, Testing and Evaluation and Teaching Methods and Lesson Planning) courses from an accredited college or university designed to prepare them for a career in cosmetology instruction. Students must also acquire the skills in lesson planning, grading, student counseling, communication, record- keeping and student supervision and safety procedures.
(h) No school shall employ, hire or in any manner allow any individual to teach cosmetology, barbering, manicuring or nail technology, esthetics, electrology or hair styling unless that individual has a current license to teach the applicable specific practice of cosmetology, barbering, manicuring or nail technology, esthetics, electrology or hair styling.
(i) Any person who practices or teaches cosmetology,
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barbering, manicuring or nail technology, esthetics, electrology or hair styling for compensation, or who carries on any business, practice or operation governed by this Chapter, without the applicable license when a license is required, is guilty of a misdemeanor punishable, upon conviction, by a fine of not more than Seven Hundred Fifty Dollars ($750.00).
(j) At least one (1) licensed instructor must be present on the school premises at all times students are present.
(k) If a school offers, in addition to the full cosmetology course, separate manicuring/nail technology and/or esthetics or electrology courses, one (1) additional instructor shall be required for each separate course offered.
(l) There shall be no more than twenty (20) students present for each instructor. Of the twenty (20) students permitted per instructor, no more than three (3) shall be student instructors.
(m) All students and student instructors shall be under the supervision of a licensed instructor throughout the entire course of instruction.
(n) If an instructor who is necessary to maintain minimum school requirements transfers or is terminated, the school must replace that instructor within thirty (30) days of the date such transfer or termination occurs. A properly licensed instructor must be present at all times a school is operating.
(o) Students having training interrupted by service in the United States military may re-enroll within one (1) year after completion of their tour of duty and get credit for previous hours earned.
(p) No student may be enrolled in more than one (1) school at the same time.
SOURCE: Enacted by P.L. 11-120 (Feb. 23, 1972) as Chapter V of Title
XVII of the Government Code (GC §§ 16400-16432). Codified as Chapter
18 of Title 10. Repealed and reenacted by P.L. 25-188:3 (Jan. 11, 2001), and P.L. 30-152:2 (May 25, 2010). Subsection (a) amended and subitems (2)(A) and (B) added by P.L. 36-117:1-3 (Nov. 9, 2022).
