2005 Nevada Revised Statutes - Chapter 643 — Barbers and Barbering

CHAPTER 643 - BARBERS AND BARBERING

GENERAL PROVISIONS

NRS 643.010 Definitions.

NRS 643.019 Applicabilityof chapter.

STATE BARBERS HEALTH AND SANITATION BOARD

NRS 643.020 Creation;qualifications and removal of members.

NRS 643.030 Electionof officers; compensation of officers, members and employees; duties ofSecretary-Treasurer.

NRS 643.040 Meetings;quorum; seal; quarters.

NRS 643.050 Powersand duties.

NRS 643.055 Fiscalyear.

NRS 643.060 Depositand expenditure of money; fines.

BARBERS AND APPRENTICES

NRS 643.070 Qualificationsfor license as barber.

NRS 643.080 Qualificationsfor license as apprentice.

NRS 643.085 Qualificationsof person licensed pursuant to chapter 644 ofNRS.

NRS 643.090 Applicationfor examination: Form; contents; fee; filing of certificate of physician.

NRS 643.095 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 643.095 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 643.100 Examinations:Times and subjects.

NRS 643.105 Effectof failure to appear for examination; regulations.

NRS 643.110 Effectof failure to pass examination.

NRS 643.120 Admissionof barber or apprentice licensed in another jurisdiction.

NRS 643.130 Issuanceof licenses; temporary exemption from licensure for certain applicants.

NRS 643.140 Renewalof license; restoration of expired license; fees.

NRS 643.150 Licenseemust display license; owner or manager of barbershop or barber school mustdisplay regulations of Board.

NRS 643.170 Noticeand hearing; subpoenas; fees and mileage.

LICENSING OF BARBERSHOPS

NRS 643.171 Licenseto operate barbershop required.

NRS 643.1711 Applicationfor license; fee.

NRS 643.1712 Licensefor existing barbershop.

NRS 643.1713 Licensefor new barbershop: Inspection; issuance of temporary and regular licenses.

NRS 643.1714 Fees;renewal or restoration of license.

NRS 643.1715 Assignmentor transfer of license prohibited.

NRS 643.1716 Compliancewith provisions concerning sanitation and regulations of Board.

NRS 643.1717 Suspensionor revocation of licenses.

BARBER SCHOOLS

NRS 643.172 Operationof barber school without license unlawful.

NRS 643.173 Applicationfor license; fee.

NRS 643.174 Personalappearance of applicant before Board; required information.

NRS 643.175 Fees;renewal of license.

NRS 643.176 Regulations;continuing education.

NRS 643.177 Conditionsfor operation of barber school: Signs; number of instructors; restrictions;charge for barbering services.

NRS 643.1775 Qualificationsfor license as instructor.

NRS 643.179 Noticeand hearing.

MISCELLANEOUS PROVISIONS

NRS 643.182 Boardmay require primary base of operation.

NRS 643.184 Authorizedrepresentative of Board may require certain persons to provide identification.

NRS 643.185 Groundsfor disciplinary action; orders imposing discipline deemed public records.

NRS 643.188 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 643.189 Confidentialityof certain records of Board; exceptions.

PROHIBITED PRACTICES; REMEDIES; PENALTIES

NRS 643.190 Unlawfulacts concerning practice of barbering.

NRS 643.200 Unlawfulacts concerning sanitation and operation of barbershop.

NRS 643.203 Unlawfulto engage in practice of barbering unless wearing clean outer garments;regulations of Board.

NRS 643.205 Unlawfulto instruct practice of barbering in barber school without license.

NRS 643.210 Penalties.

NRS 643.220 Additionalpenalties for person who engages in certain prohibited conduct; authority ofBoard to issue citations and orders to cease and desist; administrative fines;appeals.

NRS 643.230 Injunctions.

NRS 643.240 Actionsand remedies cumulative and not exclusive.

_________

 

 

GENERAL PROVISIONS

NRS 643.010 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Barber school includes a school of barbering,college of barbering and any other place or institution of instruction trainingpersons to engage in the practice of barbering.

2. Barbershop means any establishment or place ofbusiness where the practice of barbering is engaged in or carried on.

3. Board means the State Barbers Health andSanitation Board.

4. Instructor means any person who is licensed bythe Board pursuant to the provisions of this chapter to instruct the practiceof barbering in a barber school.

5. Licensed apprentice means a person who islicensed to engage in the practice of barbering as an apprentice pursuant tothe provisions of this chapter.

6. Licensed barber means a person who is licensed toengage in the practice of barbering pursuant to the provisions of this chapter.

7. Practice of barbering means any of the followingpractices for cosmetic purposes:

(a) Shaving or trimming the beard, cutting or trimmingthe hair, or hair weaving.

(b) Giving massages of the face or scalp or treatmentswith oils, creams, lotions or other preparations, by hand or mechanicalappliances.

(c) Singeing, shampooing or dyeing the hair, orapplying hair tonics.

(d) Applying cosmetic preparations, antiseptics,powders, oils or lotions to the scalp, face or neck.

(e) Arranging, fitting, cutting, styling, cleaning,coloring or dyeing a hairpiece or wig, whether made of human hair or syntheticmaterial. This does not restrict any establishment from setting or styling ahairpiece or wig in preparation for retail sale.

8. Student means a person receiving instruction in abarber school.

[Part 2:131:1929; A 1937, 213; 1931 NCL 761](NRS A1959, 324; 1971, 50; 1987, 1389; 1999, 2577)

NRS 643.019 Applicability of chapter. This chapter does not apply to:

1. A person licensed pursuant to chapter 644 of NRS, unless the person has engagedin any act or practice which constitutes a violation of subsection 6 or 7 of NRS 643.190.

2. Embalmers or undertakers in cutting the hair ortrimming the beard of any deceased person in preparation for burial orcremation.

3. A prisoner who cuts hair in the city or countyjail, state prison, or other detention or correctional facility in which he isincarcerated.

[3 1/2:131:1929; added 1937, 213; 1931 NCL 761] +[Part 2:131:1929; A 1937, 213; 1931 NCL 761] + [19:131:1929; NCL 778](NRSA 1969, 1164; 1987, 730; 1999, 2577; 2005, 2636)

STATE BARBERS HEALTH AND SANITATION BOARD

NRS 643.020 Creation;qualifications and removal of members.

1. The State Barbers Health and Sanitation Board,consisting of four members, is hereby created.

2. The Board consists of the State Health Officer, ora member of his staff designated by the State Health Officer, and three memberswho are licensed barbers appointed by the Governor. Of the barbers, one barbermust be from Clark County, one barber must be from Washoe County and one barbermust be from any county in the State. Each of the barbers must have been aresident of this State and a practicing licensed barber for at least 5 yearsimmediately before his appointment.

3. The Governor may remove a member of the Board forcause.

[Part 3:131:1929; A 1947, 731; 1943 NCL 762](NRS A1967, 801; 1981, 70; 1987, 903; 1999, 2577)

NRS 643.030 Electionof officers; compensation of officers, members and employees; duties ofSecretary-Treasurer.

1. The Board shall elect a President. No person mayserve as President for more than 4 consecutive years.

2. The Board shall elect a Vice President.

3. The Board shall elect a Secretary-Treasurer, whomay or may not be a member of the Board. The Board shall fix the salary of theSecretary-Treasurer, which must not exceed the sum of $3,600 per year.

4. Each officer and member of the Board is entitled toreceive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

5. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

6. The Secretary-Treasurer shall:

(a) Keep a record of all proceedings of the Board.

(b) Give to this State a bond in the sum of $3,000,with sufficient sureties, for the faithful performance of his duties. The bondmust be approved by the Board.

[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;1953, 317] + [Part 3:131:1929; A 1947, 731; 1943 NCL 762] + [Part17a:131:1929; added 1931, 349; 1931 NCL 776.01](NRS A 1957, 734; 1963, 159;1975, 306; 1979, 92; 1981, 1995; 1989, 1704; 1999, 2578)

NRS 643.040 Meetings;quorum; seal; quarters.

1. Regular meetings of the Board shall be held every 3months.

2. A majority of the Board in meeting duly assembledmay perform and exercise all the duties and powers devolving upon the Board.

3. The Board shall adopt and use a common seal for theauthentication of its orders and records.

4. The Board shall be furnished with suitablequarters.

[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;1953, 317] + [Part 17a:131:1929; added 1931, 349; 1931 NCL 776.01]

NRS 643.050 Powersand duties.

1. The Board may:

(a) Maintain offices in as many locations in this Stateas it finds necessary to carry out the provisions of this chapter.

(b) Employ attorneys, investigators and otherprofessional consultants and clerical personnel necessary to the discharge ofits duties.

(c) Adopt regulations necessary to carry out theprovisions of this chapter.

2. The Board shall prescribe, by regulation, sanitaryrequirements for barbershops and barber schools.

3. Any member of the Board or its agents or assistantsmay enter and inspect any barbershop or barber school at any time duringbusiness hours or at any time when the practice of barbering or instruction inthat practice is being carried on.

4. The Board shall keep a record of its proceedingsrelating to the issuance, refusal, renewal, suspension and revocation oflicenses. The record must contain the name, place of business and residence ofeach licensed barber, licensed apprentice and instructor, and the date andnumber of his license. The record must be open to public inspection at allreasonable times.

5. The Board may approve and, by official order,establish the days and hours when barbershops may remain open for businesswhenever agreements fixing such opening and closing hours have been signed andsubmitted to the Board by any organized and representative group of licensedbarbers of at least 70 percent of the licensed barbers of any county. The Boardmay investigate the reasonableness and propriety of the hours fixed by such anagreement, as is conferred by the provisions of this chapter, and the Board mayfix hours for any portion of a county.

6. The Board may adopt regulations governing theconduct of barber schools and the course of study of barber schools.

[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;1953, 317] + [Part 17b:131:1929; added 1931, 349; 1931 NCL 776.02](NRS A1957, 734; 1959, 325; 1963, 159; 1999, 2578)

NRS 643.055 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 159)

NRS 643.060 Depositand expenditure of money; fines.

1. Except as otherwise provided in subsection 3, moneyreceived by the Board under this chapter must be paid to theSecretary-Treasurer of the Board, who shall deposit the money in banks, creditunions or savings and loan associations in the State of Nevada and give areceipt for it.

2. The money must be expended in accordance with theprovisions of this chapter for all necessary and proper expenses in carryingout the provisions of this chapter and upon proper claims approved by theBoard.

3. The Board shall deposit the money collected fromthe imposition of fines with the State Treasurer for credit to the StateGeneral Fund, and may present a claim to the State Board of Examiners forrecommendation to the Interim Finance Committee if money is needed to pay anattorneys fees or the costs of an investigation, or both.

[16:131:1929; A 1931, 349; 1931 NCL 775](NRS A1963, 160; 1965, 62; 1987, 1615; 1999, 1537)

BARBERS AND APPRENTICES

NRS 643.070 Qualificationsfor license as barber. Any person is qualifiedto receive a license as a barber:

1. Who is qualified under the provisions of NRS 643.085.

2. Who is at least 18 years of age.

3. Who is of good moral character and temperatehabits.

4. Who has:

(a) Practiced as a licensed apprentice for a period of18 months under the immediate personal supervision of a licensed barber; or

(b) Complied with the requirements of NRS 643.085.

5. Who has passed an examination conducted by theBoard to determine his fitness to practice as a licensed barber.

6. Who has had a chest X ray, the results of whichindicate he is not tuberculous, and a blood test, the results of which indicatehe is not a carrier of communicable diseases.

[Part 5:131:1929; A 1931, 349; 1931 NCL 764](NRS A1957, 735; 1959, 325; 1987, 905; 1999, 2579)

NRS 643.080 Qualificationsfor license as apprentice. Any person is qualifiedto receive a license as an apprentice:

1. Who is at least 16 1/2 years of age.

2. Who is of good moral character and temperatehabits.

3. Who has graduated from a school of barberingapproved by the Board.

4. Who has passed an examination conducted by theBoard to determine his fitness to practice as a licensed apprentice.

5. Who has had a chest X ray, the results of whichindicate he is not tuberculous, and a blood test, the results of which indicatehe is not a carrier of communicable diseases.

[Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL 765](NRS A 1957, 735; 1959, 326; 1999, 2579)

NRS 643.085 Qualificationsof person licensed pursuant to chapter 644 of NRS. A person who:

1. Is licensed pursuant to the provisions of chapter 644 of NRS; and

2. Has completed 400 hours of specialized training ata barber school approved by the Board,

may take theexamination for a license as a barber without being licensed as an apprentice.

(Added to NRS by 1987, 905; A 1999, 2579)

NRS 643.090 Applicationfor examination: Form; contents; fee; filing of certificate of physician.

1. Each applicant for a license as a barber or anapprentice must file an application verified by him for an examination beforethe Board.

2. The application must be in a form prescribed by theBoard.

3. Each application must be accompanied by the feesprescribed by subsection 4.

4. The Board shall annually fix the examination fees,which must not be more than $100.

5. Each applicant must, at the time of filing theapplication, file a certificate signed by a licensed physician certifying thatthe applicant is free from tuberculosis and other communicable diseases.

6. Each applicant must submit all information requiredto complete the application.

[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;1953, 317] + [Part 5:131:1929; A 1931, 349; 1931 NCL 764](NRS A 1957, 735;1969, 708; 1991, 2195; 1997, 2160; 1999, 2580; 2005, 2769, 2807)

NRS 643.095 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license as abarber, an apprentice or an instructor shall include the social security numberof the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense as a barber, an apprentice or an instructor must submit to the Boardthe statement prescribed by the Division of Welfare and Supportive Services ofthe Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Boardshall include the statement required pursuant to subsection 1 in:

(a) Theapplication or any other forms that must be submitted for the issuance orrenewal of the license; or

(b) A separateform prescribed by the Board.

3. A licenseas a barber, an apprentice or an instructor may not be issued or renewed by theBoard if the applicant:

(a) Fails tosubmit the statement required pursuant to subsection 1; or

(b) Indicateson the statement submitted pursuant to subsection 1 that he is subject to acourt order for the support of a child and is not in compliance with the orderor a plan approved by the district attorney or other public agency enforcingthe order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for the repaymentof the amount owed pursuant to the order, the Board shall advise the applicantto contact the district attorney or other public agency enforcing the order todetermine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2159; A 1999, 2580; 2005, 2769, 2807, 2809)

 

NRS 643.095 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license as abarber, an apprentice or an instructor must submit to the Board the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed and signed by the applicant.

2. The Boardshall include the statement required pursuant to subsection 1 in:

(a) Theapplication or any other forms that must be submitted for the issuance orrenewal of the license; or

(b) A separateform prescribed by the Board.

3. A licenseas a barber, an apprentice or an instructor may not be issued or renewed by theBoard if the applicant:

(a) Fails tosubmit the statement required pursuant to subsection 1; or

(b) Indicateson the statement submitted pursuant to subsection 1 that he is subject to acourt order for the support of a child and is not in compliance with the orderor a plan approved by the district attorney or other public agency enforcingthe order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2159; A 1999, 2580; 2005, 2769, 2770, 2807, 2809, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 643.100 Examinations:Times and subjects.

1. Not lessthan three times each year, at such times and places as it determines, theBoard shall conduct examinations to determine the fitness of each of the following:

(a) Applicantsfor licenses as barbers.

(b) Applicantsfor licenses as apprentices.

(c) Applicantsto enter barber schools.

2. The examination of applicants for licenses asbarbers and apprentices must include a practical demonstration and a writtenand oral test that must include the subjects usually taught in barber schoolsapproved by the Board.

[Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL 765](NRS A 1999,2580)

NRS 643.105 Effectof failure to appear for examination; regulations.

1. An applicant for a license pursuant to theprovisions of this chapter who, without good cause, fails to appear for anexamination of the Board after notification by the Board of his eligibility totake the examination:

(a) Is not entitled to receive a refund of the fee forthat examination; and

(b) Must reapply to take the examination by filing anew application and paying the fee for the examination.

2. The Board shall, by regulation, define good causefor the purposes of this section.

(Added to NRS by 1999, 2576)

NRS 643.110 Effectof failure to pass examination.

1. Except as otherwise provided in subsection 2, anapplicant for a license as a barber who fails to pass the examination conductedby the Board must continue to practice as a licensed apprentice for anadditional 3 months before he may retake the examination for a license as abarber.

2. An applicant for a license as a barber who is acosmetologist licensed pursuant to the provisions of chapter 644 of NRS and who fails to pass theexamination conducted by the Board must complete further study as prescribed bythe Board, not exceeding 250 hours, in a barber school approved by the Boardbefore he may retake the examination for a license as a barber.

3. An applicant for a license as an apprentice whofails to pass the examination provided for in NRS643.080 must complete further study as prescribed by the Board in a barberschool approved by the Board before he may retake the examination for a licenseas an apprentice.

4. An applicant for a license as an instructor whofails to pass the examination provided for in NRS 643.1775 must complete further studyprescribed by the Board, not to exceed 250 hours, in a barber school approvedby the Board before he may retake the examination for a license as aninstructor.

[Part 5:131:1929; A 1931, 349; 1931 NCL 764] +[Part 6:131:1929; A 1931, 349; 1947, 731; 1943 NCL 765](NRS A 1959, 326;1987, 905; 1999, 2581)

NRS 643.120 Admissionof barber or apprentice licensed in another jurisdiction. Except as otherwise provided in NRS 643.130, any person who has a licenseor certificate as a barber or an apprentice from another state, the District ofColumbia or a country which has substantially the same requirements forlicensing barbers and apprentices as are required by the provisions of thischapter must be admitted to practice as a licensed barber or apprenticepursuant to the regulations adopted by the Board.

[Part 8:131:1929; NCL 767](NRS A 1999, 2581; 2005, 2637)

NRS 643.130 Issuanceof licenses; temporary exemption from licensure for certain applicants.

1. A license as a barber or an apprentice must beissued by the Board to any applicant who:

(a) Passes an examination as provided for in NRS 643.070 and 643.080;

(b) Possesses the other qualifications required by theprovisions of this chapter;

(c) Complies with the requirements set forth in theregulations of the Board; and

(d) Submits all information required to complete anapplication for a license.

2. A person who has a license or certificate as abarber from another state or the District of Columbia, who has applied for anexamination before the Board and who meets the qualifications set forth in NRS 643.070, except subsection 5 thereof,is temporarily exempt from licensure and may engage in the practice ofbarbering during the period of the temporary exemption if:

(a) The person has submitted a completed applicationfor licensure for the first time and the application has been approved by theBoard;

(b) The Board has approved the person to sit for theexamination required pursuant to NRS 643.100;

(c) The person has not previously failed an examinationfor licensure as a barber;

(d) The person engages in the practice of barberingunder the supervision of a barber licensed pursuant to this chapter and inaccordance with the provisions of this chapter and the regulations of theBoard; and

(e) The person complies with any other requirements ofthe Board to engage in the practice of barbering during the period of thetemporary exemption.

3. The temporary exemption authorized pursuant tosubsection 2 begins on the date on which the Board notifies the person that hemay engage in the practice of barbering under the temporary exemption andcontinues until the date of the examination if the person does not take theexamination or until the date on which the Board notifies the person of theresults of the examination. During the period of the temporary exemption, theperson is subject to the regulatory and disciplinary authority of the Board tothe same extent as a licensed barber.

[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;1953, 317] + [7:131:1929; NCL 766](NRS A 1959, 326; 1997, 2160; 1999, 2581; 2005, 2637, 2771, 2807)

NRS 643.140 Renewalof license; restoration of expired license; fees.

1. Each licensed barber and each licensedapprentice who continues in active practice or service shall biennially, on orbefore April 1 of each even-numbered year, renew his license and pay therequired fee. The Board shall fix the fee for renewal of a license, which mustnot be more than $60. All information required to complete the renewal must besubmitted with the fee. Every license which has not been renewed before May 1of an even-numbered year expires on that date.

2. A licensed barber or a licensed apprentice whoselicense has expired may have his license restored immediately upon payment ofthe required restoration fee and submission of all required information at anytime within 2 years after the expiration of his license. The Board shall fixthe restoration fee, which must not be more than $120.

[Part 4:131:1929; A 1931, 349; 1939, 307; 1947, 731;1953, 317] + [11:131:1929; A 1953, 317](NRS A 1957, 736; 1959, 326; 1965, 63;1979, 92; 1983, 674; 1991, 2196; 1997, 2161; 1999, 2582; 2005, 2771, 2807)

NRS 643.150 Licenseemust display license; owner or manager of barbershop or barber school mustdisplay regulations of Board.

1. Each licensed barber and licensed apprentice shalldisplay his license in a conspicuous place adjacent to or near his work chair.

2. A copy of the regulations adopted by the Board mustbe:

(a) Provided to the owner or manager of each barbershopor barber school; and

(b) Displayed in a conspicuous place in the barbershopor barber school.

[Part 8:131:1929; NCL 767] + [10:131:1929; NCL 769](NRS A 1999,2582)

NRS 643.170 Noticeand hearing; subpoenas; fees and mileage.

1. The Board shall not refuse to issue or renew anylicense, unless:

(a) Before taking that action the Board gives writtennotice thereof to the accused stating the specific reason for its adverseaction; and

(b) The accused is granted the opportunity to appearbefore the Board for a hearing within 20 days after the date of the notice.

2. The Board may:

(a) Summon witnesses.

(b) Require the production of books, records and papersfor the hearing.

3. Subpoenas must be issued by the Secretary-Treasurerof the Board directed to the sheriff of the proper county to be served andreturned in the same manner as subpoenas in criminal cases. The fees andmileage of the sheriff and witnesses must be the same as is allowed in criminalcases and must be paid from the money of the Board as other expenses of theBoard are paid.

4. If the accused prevails at the hearing, the Boardshall grant him the proper relief without delay.

5. Any investigation, inquiry or hearing thusauthorized may be entertained or held by or before a member or members of theBoard, and the finding or order of the member or members, when approved andconfirmed by the Board, shall be deemed the finding or order of the Board.

[14:131:1929; A 1931, 349; 1953, 317](NRS A 1981,102; 1987, 1616; 1999,2582; 2005, 799)

LICENSING OF BARBERSHOPS

NRS 643.171 Licenseto operate barbershop required. No person mayoperate a barbershop unless the Board has issued a license to operate abarbershop to that person.

(Added to NRS by 1967, 800; A 1999, 2583)

NRS 643.1711 Applicationfor license; fee. An applicant for a licenseto operate a barbershop shall file an application with the Board on formsprescribed by the Board accompanied by the fee specified in NRS 643.1714.

(Added to NRS by 1967, 800)

NRS 643.1712 Licensefor existing barbershop. The Board shall issuea license to operate an existing barbershop upon receipt of such applicationand fee if the applicant complies with the applicable provisions of thischapter.

(Added to NRS by 1967, 800)

NRS 643.1713 Licensefor new barbershop: Inspection; issuance of temporary and regular licenses.

1. An applicant for a license to operate a newbarbershop shall submit his application and an inspection fee to the Secretaryof the Board.

2. A member of the Board shall then, within 6 days,inspect such shop and issue a temporary license to the applicant which is validfor 20 days if such applicant complies with the applicable provisions of thischapter and the regulations adopted by the Board.

3. The Board shall issue a regular license to theapplicant before the expiration of such 20-day period.

(Added to NRS by 1967, 800)

NRS 643.1714 Fees;renewal or restoration of license.

1. The Board shall establish the fee for aninspection, which must not be more than $50. The fee for a license to operate abarbershop or for the renewal of the license must not be more than $50.

2. Each license to operate a barbershop must berenewed biennially, during April of each odd-numbered year. Each licensee shallpay the biennial fee for registration which must be prorated for the periodfrom the date the license is issued to the end of the biennium. Each suchlicense which has not been renewed in April of an odd-numbered year expires onMay 1 of that year. An expired license may be restored upon payment of:

(a) The license fee; and

(b) A restoration fee established by the Board, whichmust not be more than $50.

(Added to NRS by 1967, 800; A 1979, 93; 1991, 2196)

NRS 643.1715 Assignmentor transfer of license prohibited. A licenseto operate a barbershop may not be:

1. Assigned from one person to any other person; or

2. Transferred from one location to another.

(Added to NRS by 1967, 800; A 1999, 2583)

NRS 643.1716 Compliancewith provisions concerning sanitation and regulations of Board. A person may not operate any barbershop unless he complieswith all the applicable requirements of NRS643.200 and the regulations adopted by the Board.

(Added to NRS by 1967, 800; A 1999, 2583)

NRS 643.1717 Suspensionor revocation of licenses.

1. The Board may immediately suspend a license tooperate a barbershop for violation of any of the applicable provisions of thischapter or regulations adopted by the Board until the violation is cured.

2. Except for immediate suspensions authorizedpursuant to subsection 1, the Board may suspend or revoke a license to operatea barbershop for a violation of the provisions of this chapter or any regulationadopted by the Board only in a manner consistent with the provisions of chapter 622A of NRS.

3. When a license to operate a barbershop has beensuspended or revoked for a violation of the provisions of this chapter or thesanitary requirements of the Board, the Board shall post a notice on the shopstating the fact of suspension or revocation and the reason therefor.

(Added to NRS by 1967, 800; A 1979, 93; 2005, 800)

BARBER SCHOOLS

NRS 643.172 Operationof barber school without license unlawful. Itis unlawful for any person to operate a barber school unless the Board hasissued a license to the person to operate the barber school.

(Added to NRS by 1959, 323; A 1999, 2583)

NRS 643.173 Applicationfor license; fee. An applicant for a licenseto operate a barber school shall file an application with the Board in suchform as the Board may prescribe accompanied by the fee required by thischapter.

(Added to NRS by 1959, 323)

NRS 643.174 Personalappearance of applicant before Board; required information. Upon receipt of an application to operate a barber school,the Board shall require the applicant, if the applicant is a sole proprietor,or a member, partner or officer, if the applicant is a firm, partnership orcorporation, to appear personally before the Board and submit information insuch form as the Board may by regulation prescribe showing:

1. The location of the proposed barber school and itsphysical facilities and equipment;

2. The proposed maximum number of students to betrained at any one time and the number of instructors to be provided;

3. The nature and terms of the applicants right ofpossession of the proposed premises, whether by lease, ownership or otherwise;

4. The financial ability of the applicant to operatethe barber school in accordance with the requirements of this chapter and theregulations of the Board; and

5. Such other information as the Board considersnecessary.

(Added to NRS by 1959, 323; A 1999, 2583)

NRS 643.175 Fees;renewal of license.

1. The fee for a license to operate a barber school,as provided in NRS 643.173, is $250. Thefee must be returned if the application is rejected.

2. The fee for the renewal of a license to operate abarber school is $100.

3. Each license to operate a barber school which hasnot been renewed during the month of April in any year expires on May 1 of thatyear.

(Added to NRS by 1959, 324; A 1999, 2583)

NRS 643.176 Regulations;continuing education.

1. The Board may adopt and enforce reasonableregulations governing:

(a) The conduct of barber schools;

(b) The course of study of barber schools;

(c) The examination of instructors;

(d) The fee for the examination of instructors, whichmay not exceed $75; and

(e) The fee for the issuance and renewal of aninstructors license.

2. The Board shall require, as a prerequisite for therenewal of an instructors license, continuing education in the form ofseminars or other training.

(Added to NRS by 1959, 324; A 1987, 1390; 1999, 2584)

NRS 643.177 Conditionsfor operation of barber school: Signs; number of instructors; restrictions;charge for barbering services. Any person whoowns, manages, operates or controls any barber school, or part thereof:

1. Shall:

(a) Display a sign that may be easily seen uponentering the barber school on which is printed in bold letters Work PerformedExclusively by Students;

(b) Have at least:

(1) One instructor on the premises of the barberschool at all times if the active enrollment of the school is 10 students orless;

(2) One additional instructor on the premises ofthe barber school for each 10 students enrolled in the school in excess of 10students; and

(3) Two instructors available to provideinstruction at all times;

(c) Not allow a student to provide barbering servicesto members of the general public for more than 7 hours in a day or for morethan 5 days in any 7-day period;

(d) Not advertise that the barber school will chargefor barbering services provided to members of the general public by studentsunless those barbering services are specifically advertised as servicesprovided by students; and

(e) Comply with all other provisions of this chapterrelating to barber schools.

2. May charge for barbering services provided to a memberof the general public by a student if the student performs those barberingservices as part of the required course of study of the barber school.

(Added to NRS by 1959, 324; A 1987, 1390; 1999, 2584; 2001, 972)

NRS 643.1775 Qualificationsfor license as instructor. The Board shalllicense any person as an instructor who:

1. Has applied to the Board in writing on the formprescribed by the Board;

2. Holds a high school diploma or its equivalent;

3. Has paid the applicable fees;

4. Holds a license as a barber issued by the Board;

5. Submits all information required to complete the application;

6. Has practiced not less than 5 years as a full-timelicensed barber in this State, the District of Columbia or in any other stateor country whose requirements for licensing barbers are substantiallyequivalent to those in this State;

7. Has successfully completed a training program forinstructors conducted by a licensed barber school which consists of not lessthan 600 hours of instruction within a 6-month period; and

8. Has passed an examination for instructorsadministered by the Board.

(Added to NRS by 1987, 1389; A 1999, 2584; 2005, 2771)

NRS 643.179 Noticeand hearing.

1. The Board shall not refuse to issue or renew anylicense to operate a barber school except upon 20 days notice in writing tothe interested parties.

2. The notice must contain a brief statement of thereasons for the contemplated action of the Board and shall designate a propertime and place for the hearing of all interested parties before any finalaction is taken.

3. Due notice, within the provisions of subsection 1,shall be deemed to have been given when the Board deposits with the United StatesPostal Service a copy of the notice, addressed to the designated or last knownresidence of the person applying for the license or to whom the license hasalready been issued.

(Added to NRS by 1959, 324; A 1987, 730; 2005, 800)

MISCELLANEOUS PROVISIONS

NRS 643.182 Boardmay require primary base of operation.

1. The Board may by regulation require a licensedbarber to maintain a barbershop licensed by the Board as his primary base ofoperation for the performance of barbering services.

2. The provisions of this section do not prevent alicensed barber who complies with regulations adopted pursuant to subsection 1from providing barbering services to customers away from his shop as a matterof convenience to those customers.

(Added to NRS by 1981, 578; A 1999, 2585)

NRS 643.184 Authorizedrepresentative of Board may require certain persons to provide identification. A person who is required to display a license issuedpursuant to the provisions of this chapter shall, upon the request of an authorizedrepresentative of the Board, provide to that representative identification inthe form of a drivers license or identification card with a photograph thathas been issued by a state, the District of Columbia or the United States.

(Added to NRS by 1999, 2576)

NRS 643.185 Groundsfor disciplinary action; orders imposing discipline deemed public records.

1. The following are grounds for disciplinary actionby the Board:

(a) Violation by any person licensed pursuant to theprovisions of this chapter of any provision of this chapter or the regulationsadopted by the Board.

(b) Conviction of a felony relating to the practice ofbarbers.

(c) Malpractice or incompetency.

(d) Continued practice by a person knowingly having aninfectious or contagious disease.

(e) Advertising, practicing or attempting to practiceunder anothers name or trade name.

(f) Drunkenness or addiction to a controlled substance.

2. If the Board determines that a violation of thissection has occurred, it may:

(a) Refuse to issue or renew a license;

(b) Revoke or suspend a license; and

(c) Impose a fine of not more than $1,000.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1987, 1615; A 1993, 890; 1999, 2585; 2003, 2718, 3462)

NRS 643.188 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child support proceedings.]

1. If theBoard receives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses, certificatesand permits issued to a person who is licensed as a barber, an apprentice or aninstructor, the Board shall deem the license issued to that person to besuspended at the end of the 30th day after the date on which the court orderwas issued unless the Board receives a letter issued to the holder of thelicense by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license that has beensuspended by a district court pursuant to NRS425.540 if the Board receives a letter issued by the district attorney orother public agency pursuant to NRS 425.550to the person whose license was suspended stating that the person whose licensewas suspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2160; A 1999, 2585; 2005, 2807, 2809)

 

NRS 643.189 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

2. The charging document filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all documents and information considered by the Board whendetermining whether to impose discipline are public records.

3. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 2003, 3462; A 2005, 800)

PROHIBITED PRACTICES; REMEDIES; PENALTIES

NRS 643.190 Unlawful acts concerning practice ofbarbering. It is unlawful:

1. For anyperson to engage in the practice of barbering or attempt to engage in thepractice of barbering without a license as a barber or an apprentice issued bythe Board pursuant to this chapter.

2. For anyowner or manager of any barbershop to hire or employ a barber or an apprenticewho does not have a license issued by the Board pursuant to this chapter orwhose barbershop does not meet the sanitary requirements of the Board.

3. For anyperson to serve as an apprentice under a licensed barber without a license asan apprentice issued by the Board pursuant to this chapter.

4. For anyperson to operate a barbershop unless the barbershop is at all times under thedirect supervision and management of a licensed barber.

5. For anyperson to hire or employ any person to engage in the practice of barbering orattempt to engage in the practice of barbering unless the person holds alicense as a barber or an apprentice issued by the Board pursuant to thischapter.

6. For any person licensed pursuant to chapter 644 of NRS or any other person to:

(a) Hold himself out to the public, solicit business oradvertise as a licensed barber or as operating a licensed barbershop;

(b) Use the title or designation barber orbarbershop under circumstances which would create or tend to create theimpression to members of the general public that the person is a licensedbarber or is operating a licensed barbershop; or

(c) Engage in any other act or practice which wouldcreate or tend to create the impression to members of the general public thatthe person is a licensed barber or is operating a licensed barbershop,

unless theperson holds, as appropriate, a license as a barber or a license to operate abarbershop issued by the Board pursuant to this chapter or the person isoperating a licensed cosmetological establishment that is leasing space to oremploying a licensed barber pursuant to NRS644.360.

7. For any person licensed pursuant to chapter 644 of NRS or any other person to place abarber pole in a location which would create or tend to create the impressionto members of the general public that a business located near the barber poleis a barbershop unless the operator of the business holds a license to operatea barbershop issued by the Board pursuant to this chapter or the business is alicensed cosmetological establishment that is leasing space to or employing alicensed barber pursuant to NRS 644.360.As used in this subsection, barber pole means:

(a) A red and white striped vertical cylinder with aball located on top of the cylinder; or

(b) Any object of a similar nature, regardless of itsactual shape or coloring, which would create or tend to create the impressionto members of the general public that a business located near the object is abarbershop.

[1:131:1929; A 1931, 349; 1937, 213; 1931 NCL 760](NRS A 1999,2586; 2005, 2638)

NRS 643.200 Unlawfulacts concerning sanitation and operation of barbershop.

1. It shall beunlawful for any licensed barber or apprentice:

(a) Knowinglyto continue the practice of barbering, or for any student knowingly to continueas a student in any barber school while the person has an infectious,contagious or communicable disease.

(b) To use uponone patron a towel that has been used upon another patron unless the towel hasbeen relaundered.

(c) Not toprovide the headrest on each chair with a relaundered towel or a sheet of cleanpaper for each patron.

(d) Not toplace around the patrons neck a strip of cotton, towel or neckband so that thehair cloth does not come in contact with the neck or skin of the patrons body.

(e) To use inthe practice of barbering any styptic pencils, finger bowls, sponges, lump alumor powder puffs. Possession of a styptic pencil, finger bowl, sponge, lump alumor powder puff in a barbershop is prima facie evidence that the item is beingused therein in the practice of barbering.

(f) To use onany patron any razors, scissors, tweezers, combs, rubber discs or parts ofvibrators used on another patron, unless the items are kept in a closed compartmentand immersed in boiling water or in a solution of 2 percent carbolic acid, orits equivalent, before each use.

2. It shall beunlawful to own, manage, control or operate any barbershop unless:

(a) Continuouslyhot and cold running water is provided.

(b) A recognized sign is displayed at the main entranceto the shop indicating that it is a barbershop.

[Part 17b:131:1929; added 1931, 349; 1931 NCL 776.02](NRS A 1959, 327; 1999, 2587)

NRS 643.203 Unlawfulto engage in practice of barbering unless wearing clean outer garments; regulationsof Board.

1. It is unlawful for a person to engage in thepractice of barbering unless he is wearing clean outer garments which aresuitable to allow the safe and hygienic practice of barbering.

2. The Board shall adopt regulations which prescribestandards for the garments required by subsection 1.

(Added to NRS by 1993, 2646)

NRS 643.205 Unlawfulto instruct practice of barbering in barber school without license. It is unlawful for any person to instruct the practice ofbarbering in a barber school unless he is licensed by the Board to do so.

(Added to NRS by 1987, 1389; A 1999, 2587)

NRS 643.210 Penalties. Any person violating any of the provisions of thischapter, unless by general law otherwise provided, shall be guilty of amisdemeanor.

[18:131:1929; A 1931, 349; 1953, 317](NRS A 1967,643)

NRS 643.220 Additionalpenalties for person who engages in certain prohibited conduct; authority ofBoard to issue citations and orders to cease and desist; administrative fines;appeals.

1. In addition to any other remedy or penalty:

(a) The Board may issue a citation to a person who hasengaged in any act or practice which constitutes a violation of any provisionof NRS 643.190. A citation issuedpursuant to this paragraph must be in writing and describe with particularitythe nature of the violation. The citation also must inform the person of theprovisions of subsection 2. A separate citation must be issued for eachviolation. If appropriate, the citation may contain an order to cease anddesist.

(b) Upon finding that a person has engaged in any actor practice which constitutes a violation of any provision of NRS 643.190, the Board shall assess anadministrative fine of:

(1) For the first violation, $1,000.

(2) For the second violation, $1,500.

(3) For the third or subsequent violation,$2,000.

2. To appeal a finding of a violation pursuant to thissection, the person must request a hearing by written notice of appeal to theBoard within 30 days after the date on which the citation is issued.

(Added to NRS by 2005, 2636)

NRS 643.230 Injunctions.

1. In addition to any other remedy or penalty, if aperson has engaged in any act or practice which constitutes a violation of anyprovision of this chapter, the district court of any county, on application ofthe Board, may issue an injunction or other appropriate order restraining theact or practice, without a showing of actual harm.

2. A proceeding under this section is governed by Rule65 of the Nevada Rules of Civil Procedure.

(Added to NRS by 2005, 2636)

NRS 643.240 Actionsand remedies cumulative and not exclusive.

1. The actions and remedies authorized by this chapterare cumulative.

2. When an agency or officer elects to take aparticular action or pursue a particular remedy authorized by this chapter oranother specific statute, that election is not exclusive and does not precludethe agency or officer or another agency or officer from taking any otheractions or pursuing any other remedies authorized by this chapter or anotherspecific statute.

(Added to NRS by 2005, 2636)

 

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