No person, firm, or corporation may own, operate, or conduct a school of barbering, cosmetology, esthetics, hair braiding, or nail technology for the purpose of teaching barbering, cosmetology, esthetics, hair braiding, or nail technology for compensation unless licensed by the Department. A licensed school is a postsecondary educational institution authorized by the Department to provide a postsecondary education program in compliance with the requirements of this Act. An applicant shall apply to the Department on forms provided by the Department, pay the required fees, and comply with the following requirements:
         1. The applicant must submit to the Department for
    
approval:
            a. A floor plan, drawn to a scale specified on
        
the floor plan, showing every detail of the proposed school; and
            b. A lease commitment or proof of ownership for
        
the location of the proposed school; a lease commitment must provide for execution of the lease upon the Department’s approval of the school’s application and the lease must be for a period of at least one year.
            c. (Blank).

Terms Used In Illinois Compiled Statutes 225 ILCS 410/3B-10

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fraud: Intentional deception resulting in injury to another.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Oath: A promise to tell the truth.
  • oath: shall be deemed to include an affirmation, and the word "sworn" shall be construed to include the word "affirmed. See Illinois Compiled Statutes 5 ILCS 70/1.12
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

         2. An application to own or operate a school shall
    
include the following:
            a. If the owner is a corporation, a copy of the
        
Articles of Incorporation or, if the owner is a limited liability company, a copy of the articles of organization;
            b. If the owner is a partnership, a listing of
        
all partners and their current addresses;
            c. If the applicant is an owner, a completed
        
financial statement showing the owner’s ability to operate the school for at least 3 months;
            d. A copy of the official enrollment agreement or
        
student contract to be used by the school, which shall be consistent with the requirements of this Act and rules;
            e. A listing of all teachers who will be in the
        
school’s employ, including their teacher license numbers;
            f. A copy of the curricula that will be followed;
             g. The names, addresses, and current status of
        
all schools in which the applicant has previously owned any interest, and a declaration as to whether any of these schools were ever denied accreditation or licensing or lost accreditation or licensing from any governmental body or accrediting agency;
            h. Each application for a certificate of approval
        
shall be signed and certified under oath by the school’s chief managing employee and also by its individual owner or owners; if the applicant is a partnership or a corporation, then the application shall be signed and certified under oath by the school’s chief managing employee and also by each member of the partnership or each officer of the corporation, as the case may be;
            i. A copy of the school’s official transcript; and
             j. The required fee.
         3. Each application for a license to operate a school
    
shall also contain the following commitments:
            a. To conduct the school in accordance with this
        
Act and the standards, and rules from time to time adopted under this Act and to meet standards and requirements at least as stringent as those required by Part H of the Federal Higher Education Act of 1965.
            b. To permit the Department to inspect the school
        
or classes thereof from time to time with or without notice; and to make available to the Department, at any time when required to do so, information including financial information pertaining to the activities of the school required for the administration of this Act and the standards and rules adopted under this Act;
            c. To utilize only advertising and solicitation
        
which is free from misrepresentation, deception, fraud, or other misleading or unfair trade practices;
            d. To screen applicants to the school prior to
        
enrollment pursuant to the requirements of the school’s regional or national accrediting agency, if any, and to maintain any and all records of such screening. If the course of instruction is offered in a language other than English, the screening shall also be performed in that language;
            e. To post in a conspicuous place a statement,
        
developed by the Department, of student’s rights provided under this Act.
        4. The applicant shall establish to the satisfaction
    
of the Department that the owner possesses sufficient liquid assets to meet the prospective expenses of the school for a period of 3 months. In the discretion of the Department, additional proof of financial ability may be required.
        5. The applicant shall comply with all rules of the
    
Department determining the necessary curriculum and equipment required for the conduct of the school.
        6. The applicant must demonstrate employment of a
    
sufficient number of qualified teachers who are holders of a current license issued by the Department.
        7. A final inspection of the barber, cosmetology,
    
esthetics, hair braiding, or nail technology school shall be made by the Department before the school may commence classes.
        8. A written inspection report must be made by the
    
State Fire Marshal or a local fire authority approving the use of the proposed premises as a barber, cosmetology, esthetics, hair braiding, or nail technology school.
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