Kentucky Statutes 317.450 – Fees and qualifications for licenses and permits — Annual renewal
Current as of: 2024 | Check for updates
|
Other versions
(1) (a) The board shall issue an apprentice license to practice barbering to any person who:
1. Is at least seventeen and one-half (17-1/2) years of age;
2. Is of good moral character and temperate habit;
3. Possesses a high school diploma, a High School Equivalency Diploma, or a transcript from an issuing institution that is recognized by the educational authority in the state from which the diploma, certificate, or transcript is issued;
4. Has graduated from a licensed school of barbering;
5. Has satisfactorily passed the apprentice examination prescribed by the barber board, which shall include a practical assessment of the applicant’s skills, including but not limited to a taper haircut, shampoo, straight razor facial shave, facial, and a chemical application; and
6. Has paid a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(b) A barber shall serve an apprentice period of at least six (6) months but not more than nine (9) months of continuous service from the effective date of the license issued pursuant to paragraph (a) of this subsection.
(c) In addition to the grounds for disciplinary action specified in KRS § 317.590, the board may, during the apprentice period, require a licensee to retake any part or all of the written or practical examination, or both.
(d) At the end of the apprentice period, the board shall issue a license to practice barbering to an apprentice licensee who has:
1. Satisfactorily passed the barber examination prescribed by the board by administrative regulations promulgated in accordance with KRS Chapter
13A; and
2. Complied with all other requirements of this subsection.
(e) The board may issue a barber license by endorsement to a resident of another state, district, or territory within the United States of America upon payment of a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A, and upon submission of satisfactory evidence that the requirements for licensure in the other state are substantially equivalent to the requirements of this state at the time of application. In the absence of the required equivalency, an applicant from another state, district, or territory within the United States of America, shall show proof of three (3) years or more experience immediately before making application and be currently licensed and in good standing with the state, district, or territory in which he or she is licensed. The board may also require an applicant under this section to pass a written and practical examination to establish equivalency.
(2) The board shall:
(a) Issue a license to operate a barber shop to any barber licensed under the
provisions of this chapter upon application and payment of a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A;
(b) Refuse to issue the license upon a failure of the licensed barber to comply with the provisions of this chapter or the administrative regulations promulgated by the board;
(c) Allow the licensed owner of a barber shop, which is licensed under this chapter, to rent or lease space in his or her barber shop to an independent contract owner; and
(d) Allow an unlicensed owner of a barber shop to rent or lease space in his or her barber shop to an independent contract owner, only if the shop owner has a licensed barber as a manager of the shop at all times. If the owner, manager, or location of a barber shop changes, the required form and fee shall be submitted to the board.
(3) The board shall issue a license to operate a school of barbering to any person, firm, or corporation who or which:
(a) Applies for a license upon forms furnished by the board;
(b) Has the equipment and facilities that may be required by administrative regulations promulgated by the board;
(c) Has furnished adequate evidence to the board that:
1. There is an intent to establish a bona fide school for the education and training of competent barbers; and
2. A sufficient number of teachers licensed by the board will be employed to conduct the school, including at least one (1) teacher with a minimum of twelve (12) months’ experience teaching in a barber school that includes administrative experience; and
(d) Pays a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(4) The board shall issue a student permit to any person enrolled in a licensed barber school upon payment of a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(5) The board shall issue a license to teach barbering to any person who: (a) Is of good moral character and temperate habit;
(b) Possesses a high school diploma or a High School Equivalency Diploma;
(c) Has been a Kentucky-licensed and practicing barber for at least eighteen (18)
months;
(d) Has satisfactorily passed the examination prescribed by the board by promulgation of administrative regulations; and
(e) Has paid a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(6) The board shall issue a license to any barber who holds an independent contract owner’s license who:
(a) Is of good moral character and temperate habit;
(b) Possesses a high school diploma or a High School Equivalency Diploma; (c) Is a licensed and practicing barber under this chapter; and
(d) Has paid a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(7) The board shall issue a demonstration charity event permit to any licensed barber who pays a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(8) Applications for examination required in this section shall be accompanied by an examination fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(9) (a) On and after July 1, 2016, a license issued pursuant to this section shall expire on the first day of July next following the date of its issuance. A license shall be renewed on June 1 through July 1 of each year.
(b) Any license shall automatically be renewed by the board:
1. Upon receipt of the application for renewal or duplicate renewal application form and the required annual renewal license fee submitted either in person or via written or electronic means; and
2. If the applicant for renewal is otherwise in compliance with the provisions of this chapter and the administrative regulations of the board.
(10) The annual renewal license fee for each type of license renewal shall be as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(11) (a) The fee per year for the renewal of an expired license, if the period of expiration does not exceed five (5) years, shall be as established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(b) An applicant who fails to renew a license within five (5) years of its expiration shall comply with the requirements for relicensure established by the board through promulgation of administrative regulations in accordance with KRS Chapter 13A.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 70, sec. 1, effective June 29, 2023. — Amended
2018 Ky. Acts ch. 46, sec. 5, effective March 30, 2018. — Amended 2017 Ky. Acts ch. 63, sec. 30, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 110, sec. 1, effective June 24, 2015. — Amended 2013 Ky. Acts ch. 51, sec. 5, effective June 25,
2013. — Amended 2008 Ky. Acts ch. 103, sec. 2, effective July 15, 2008. — Amended 2006 Ky. Acts ch. 32, sec. 5, effective July 12, 2006. — Amended 1998
Ky. Acts ch. 193, sec. 2, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 23, sec. 1, effective July 15, 1982. — Amended 1980 Ky. Acts ch. 57, sec. 1, effective July 15, 1980. — Amended 1976 Ky. Acts ch. 114, sec. 2. — Amended 1974 Ky. Acts ch. 308, sec. 54. — Amended 1970 Ky. Acts ch. 124, sec. 1. — Created 1960 Ky. Acts ch. 233, sec. 5, effective June 30, 1960.
Legislative Research Commission Note (7/12/2006). A reference in subsection (10) of
this statute to “subsection (7) of this section” has been changed by the Reviser of Statutes during codification to read “subsection (8) of this section.” 2006 Ky. Acts ch. 32, sec. 5, added a new subsection (6) to this statute, resulting in the renumbering of subsequent subsections but did not make the necessary change to the internal reference in subsection (10). The Reviser of Statutes has made the conforming change under the authority of KRS § 7.136.
1. Is at least seventeen and one-half (17-1/2) years of age;
Terms Used In Kentucky Statutes 317.450
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- barber: is a ny person who engages in the practice of "barbering" for the public generally or for consideration. See Kentucky Statutes 317.410
- Barber shop: is a ny establishment in which the practice of barbering is conducted for the general public or for consideration. See Kentucky Statutes 317.410
- Board: means the Kentucky Board of Barbering. See Kentucky Statutes 317.410
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Contract: A legal written agreement that becomes binding when signed.
- Endorsement: means the process of granting a license under this chapter to an applicant licensed in another state. See Kentucky Statutes 317.410
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Independent contract owner: means any barber or apprentice barber licensed under this chapter who leases or rents space in a barber shop. See Kentucky Statutes 317.410
- 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
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- 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.
- Year: means calendar year. See Kentucky Statutes 446.010
2. Is of good moral character and temperate habit;
3. Possesses a high school diploma, a High School Equivalency Diploma, or a transcript from an issuing institution that is recognized by the educational authority in the state from which the diploma, certificate, or transcript is issued;
4. Has graduated from a licensed school of barbering;
5. Has satisfactorily passed the apprentice examination prescribed by the barber board, which shall include a practical assessment of the applicant’s skills, including but not limited to a taper haircut, shampoo, straight razor facial shave, facial, and a chemical application; and
6. Has paid a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(b) A barber shall serve an apprentice period of at least six (6) months but not more than nine (9) months of continuous service from the effective date of the license issued pursuant to paragraph (a) of this subsection.
(c) In addition to the grounds for disciplinary action specified in KRS § 317.590, the board may, during the apprentice period, require a licensee to retake any part or all of the written or practical examination, or both.
(d) At the end of the apprentice period, the board shall issue a license to practice barbering to an apprentice licensee who has:
1. Satisfactorily passed the barber examination prescribed by the board by administrative regulations promulgated in accordance with KRS Chapter
13A; and
2. Complied with all other requirements of this subsection.
(e) The board may issue a barber license by endorsement to a resident of another state, district, or territory within the United States of America upon payment of a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A, and upon submission of satisfactory evidence that the requirements for licensure in the other state are substantially equivalent to the requirements of this state at the time of application. In the absence of the required equivalency, an applicant from another state, district, or territory within the United States of America, shall show proof of three (3) years or more experience immediately before making application and be currently licensed and in good standing with the state, district, or territory in which he or she is licensed. The board may also require an applicant under this section to pass a written and practical examination to establish equivalency.
(2) The board shall:
(a) Issue a license to operate a barber shop to any barber licensed under the
provisions of this chapter upon application and payment of a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A;
(b) Refuse to issue the license upon a failure of the licensed barber to comply with the provisions of this chapter or the administrative regulations promulgated by the board;
(c) Allow the licensed owner of a barber shop, which is licensed under this chapter, to rent or lease space in his or her barber shop to an independent contract owner; and
(d) Allow an unlicensed owner of a barber shop to rent or lease space in his or her barber shop to an independent contract owner, only if the shop owner has a licensed barber as a manager of the shop at all times. If the owner, manager, or location of a barber shop changes, the required form and fee shall be submitted to the board.
(3) The board shall issue a license to operate a school of barbering to any person, firm, or corporation who or which:
(a) Applies for a license upon forms furnished by the board;
(b) Has the equipment and facilities that may be required by administrative regulations promulgated by the board;
(c) Has furnished adequate evidence to the board that:
1. There is an intent to establish a bona fide school for the education and training of competent barbers; and
2. A sufficient number of teachers licensed by the board will be employed to conduct the school, including at least one (1) teacher with a minimum of twelve (12) months’ experience teaching in a barber school that includes administrative experience; and
(d) Pays a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(4) The board shall issue a student permit to any person enrolled in a licensed barber school upon payment of a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(5) The board shall issue a license to teach barbering to any person who: (a) Is of good moral character and temperate habit;
(b) Possesses a high school diploma or a High School Equivalency Diploma;
(c) Has been a Kentucky-licensed and practicing barber for at least eighteen (18)
months;
(d) Has satisfactorily passed the examination prescribed by the board by promulgation of administrative regulations; and
(e) Has paid a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(6) The board shall issue a license to any barber who holds an independent contract owner’s license who:
(a) Is of good moral character and temperate habit;
(b) Possesses a high school diploma or a High School Equivalency Diploma; (c) Is a licensed and practicing barber under this chapter; and
(d) Has paid a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(7) The board shall issue a demonstration charity event permit to any licensed barber who pays a fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(8) Applications for examination required in this section shall be accompanied by an examination fee as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(9) (a) On and after July 1, 2016, a license issued pursuant to this section shall expire on the first day of July next following the date of its issuance. A license shall be renewed on June 1 through July 1 of each year.
(b) Any license shall automatically be renewed by the board:
1. Upon receipt of the application for renewal or duplicate renewal application form and the required annual renewal license fee submitted either in person or via written or electronic means; and
2. If the applicant for renewal is otherwise in compliance with the provisions of this chapter and the administrative regulations of the board.
(10) The annual renewal license fee for each type of license renewal shall be as established in administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(11) (a) The fee per year for the renewal of an expired license, if the period of expiration does not exceed five (5) years, shall be as established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(b) An applicant who fails to renew a license within five (5) years of its expiration shall comply with the requirements for relicensure established by the board through promulgation of administrative regulations in accordance with KRS Chapter 13A.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 70, sec. 1, effective June 29, 2023. — Amended
2018 Ky. Acts ch. 46, sec. 5, effective March 30, 2018. — Amended 2017 Ky. Acts ch. 63, sec. 30, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 110, sec. 1, effective June 24, 2015. — Amended 2013 Ky. Acts ch. 51, sec. 5, effective June 25,
2013. — Amended 2008 Ky. Acts ch. 103, sec. 2, effective July 15, 2008. — Amended 2006 Ky. Acts ch. 32, sec. 5, effective July 12, 2006. — Amended 1998
Ky. Acts ch. 193, sec. 2, effective July 15, 1998. — Amended 1982 Ky. Acts ch. 23, sec. 1, effective July 15, 1982. — Amended 1980 Ky. Acts ch. 57, sec. 1, effective July 15, 1980. — Amended 1976 Ky. Acts ch. 114, sec. 2. — Amended 1974 Ky. Acts ch. 308, sec. 54. — Amended 1970 Ky. Acts ch. 124, sec. 1. — Created 1960 Ky. Acts ch. 233, sec. 5, effective June 30, 1960.
Legislative Research Commission Note (7/12/2006). A reference in subsection (10) of
this statute to “subsection (7) of this section” has been changed by the Reviser of Statutes during codification to read “subsection (8) of this section.” 2006 Ky. Acts ch. 32, sec. 5, added a new subsection (6) to this statute, resulting in the renumbering of subsequent subsections but did not make the necessary change to the internal reference in subsection (10). The Reviser of Statutes has made the conforming change under the authority of KRS § 7.136.