58-11a-201.  Board.

(1)  There is created the Cosmetology and Associated Professions Licensing Board consisting of the following nine members:

Terms Used In Utah Code 58-11a-201

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Barber: means a person who is licensed under this chapter to engage in the practice of barbering. See Utah Code 58-11a-102
  • Board: means the Cosmetology and Associated Professions Licensing Board created in Section 58-11a-201. See Utah Code 58-11a-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Electrologist: means a person who is licensed under this chapter to engage in the practice of electrology. See Utah Code 58-11a-102
  • Esthetician: means a person who is licensed under this chapter to engage in the practice of esthetics. See Utah Code 58-11a-102
  • Esthetician instructor: means a master esthetician who is licensed under this chapter to engage in the practice of esthetics instruction. See Utah Code 58-11a-102
  • Licensed esthetics school: means an esthetics school licensed under this chapter. See Utah Code 58-11a-102
  • Nail technician: means an individual who is licensed under this chapter to engage in the practice of nail technology. See Utah Code 58-11a-102
  • Nail technician instructor: means a nail technician licensed under this chapter to engage in the practice of nail technology instruction. See Utah Code 58-11a-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-11a-501 and as may be further defined by rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-11a-102
(a)  one barber or cosmetologist/barber;

(b) 

(i)  one barber or cosmetologist/barber instructor; or

(ii)  one representative of a licensed barber or cosmetology/barber school;

(c)  one master esthetician;

(d) 

(i)  one esthetician instructor; or

(ii)  one representative of a licensed esthetics school;

(e)  one nail technician;

(f) 

(i)  one nail technician instructor; or

(ii)  one representative of a licensed nail technician school;

(g)  one electrologist; and

(h)  two members from the general public.

(2) 

(a)  The board shall be appointed and serve in accordance with Section 58-1-201.

(b) 

(i)  At least one of the members of the board appointed under Subsections (1)(b), (d), and (f) shall be an instructor at or a representative of a public school.

(ii)  At least one of the members of the board appointed under Subsections (1)(b), (d), and (f) shall be an instructor at or a representative of a private school.

(3)  The duties and responsibilities of the board are in accordance with Sections 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to:

(a)  assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and

(b)  advise the division in its investigation of these complaints.

(4)  A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.

Amended by Chapter 342, 2017 General Session