Kansas Statutes 65-1820a. Nonissuance, nonrenewal, suspension or revocation of license; grounds; board orders requiring remediation of violations
Terms Used In Kansas Statutes 65-1820a
- Board: means the Kansas board of barbering;
(b) "administrative officer" means the administrative officer of the board;
(c) "license" means a license entitling the person to whom issued to practice barbering, or to operate a barber school, barber college or barber shop;
(d) "barber shop" means any place, shop or establishment, wherein the practice of barbering is engaged in or carried on;
(e) "barber school" or "barber college" means any place or establishment wherein the practice, fundamentals, theories or practical applications of barbering are taught;
(f) "barbering" means any one or any combinations of the following practices (when done upon the upper part of the human body for cosmetic purposes and not for the purpose of diseases or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment, for the public generally, upon male or female): Shaving or trimming the beard or cutting the hair; giving facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances, singeing, shampooing or dyeing, arranging, perming or waving the hair, or applying tonics; applying cosmetic preparations, antiseptic powders, oils, clays, or lotions to the scalp, face, neck or upper part of the body. See Kansas Statutes 65-1809
(a) The board may censure, limit, condition, suspend, revoke or refuse to issue, reinstate or renew a license of any applicant or licensee upon proof that the applicant or licensee:
(1) Has committed malpractice or incompetency;
(2) has become afflicted with an infectious or communicable disease;
(3) has advertised by knowingly false or deceptive statements;
(4) has advertised, practiced or attempted to practice under a trade name other than one’s own;
(5) is unable to practice barbering with skill and safety due to current abuse of drugs or alcohol;
(6) has committed unprofessional conduct as defined in rules and regulations adopted by the board;
(7) has obtained or attempted to obtain a license for money other than the required fee, or for any other thing of value or by fraudulent misrepresentations;
(8) has willfully failed to display a license to practice barbering as required by Kan. Stat. Ann. § 65-1818, and amendments thereto;
(9) has practiced or attempted to practice barbering by fraudulent misrepresentations;
(10) has violated any of the sanitation standards adopted by the secretary of health and environment pursuant to Kan. Stat. Ann. § 65-1,148, and amendments thereto, for the regulation of barber shops, barber schools and barber colleges;
(11) has violated any lawful rules and regulations of the board concerning the operation or management of a barber shop, barber school or barber college; or
(12) has been convicted of any felony offense or misdemeanor offense of a crime against persons or involving illegal drugs as determined by the board in rules and regulations, and the licensee or applicant for a license is unable to demonstrate to the board’s satisfaction that such person has been sufficiently rehabilitated to warrant the public trust.
(b) The board, in lieu of or addition to any other penalty prescribed under the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, may assess a civil fine against a licensee for a violation of the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, in an amount not to exceed $1,000.
(c) In all matters pending before the board, the board shall have the power to revoke the license of any licensee who voluntarily surrenders such person’s or entity’s license pending investigation of misconduct or while charges of misconduct against the licensee are pending or anticipated.
(d) All proceedings under the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be in accordance with the Kansas judicial review act.