2005 West Virginia Code - §30-27-1. — Board of barbers and cosmetologists; salary of board director; appointment, qualifications and terms of board members; compensation and expenses of members; powers and duties of board.

§30-27-1. Board of barbers and cosmetologists; salary of board director; appointment, qualifications and terms of board members; compensation and expenses of members; powers and duties of board.
(a) The board of barbers and beauticians heretofore established is continued and shall be known henceforth as the board of barbers and cosmetologists. The annual salary of the director of such board shall be thirty-one thousand seven hundred ninety-six dollars. All members of the board, serving for a term which has not expired on the effective date of this article, shall continue to serve the terms for which they were appointed. The board shall promulgate rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, pertaining to the licensure and qualifications of barbers, cosmetologists and manicurists, and curricula and standards of instruction for schools of barbering and beauty culture. The board shall aid and assist in the enforcement of all rules in accordance with the provisions of article fourteen, chapter sixteen of this code. The board shall consist of four professional members to be appointed by the governor, by and with the advice and consent of the Senate, and one lay member to be appointed in accordance with the provisions of section four-a, article one of this chapter. Of the four professional members, one shall be an employing barber, one an employee barber, one anemploying cosmetologist and one an employee cosmetologist. Each professional member of the board shall have been engaged within this state in the practice of barbering or beauty culture, as the case may be, for a period of five years prior to his or her appointment and no more than two of the four professional members may belong to the same political party. No member of the board shall own or have a pecuniary interest in a barber or beauty culture school licensed by or doing business within this state or shall be employed by such an institution.
(b) On or before the thirtieth day of June of each year, the governor shall appoint one member of the board to serve for a term of four years, to begin on the first day of July. No professional member of the board may serve for more than two complete terms.
(c) The board shall designate one of its members as chairperson.
(d) Each member of the board shall receive as compensation a per diem of fifty dollars for each day of attendance at board sessions, but the compensation for each member shall not exceed the sum of three thousand dollars in any calendar year. Each member shall be reimbursed for actual and necessary expenses incurred in the performance of his or her duties, upon presentation of an itemized sworn statement thereof.
(e) The board shall examine all applicants for licensure andshall issue licenses to those entitled thereto and collect examination and licensure fees, in accordance with regulations promulgated by the board of health pursuant to article fourteen, chapter sixteen of this code or the board of barbers and cosmetologists.
(f) It is unlawful for any person to practice or offer to practice barbering, beauty culture or manicuring in this state without first obtaining a license for such purposes from the board of barbers and cosmetologists.
(g) The board shall have the power to promulgate rules generally regarding the practice and conduct of barbering and beauty culture, including, but not limited to, the procedures, criteria and curricula for examination and qualifications of applicants for licensure, and for the licensing of instructional personnel for schools of barbering and beauty culture, and the practice and conduct of aestheticians.
The power of the board to promulgate such rules shall be concurrent with that of the board of health as authorized in article fourteen, chapter sixteen of this code: Provided, That in the case of conflicting provisions regarding requirements for health and sanitation, the rule or regulation of the board of health shall be deemed to apply. The board of health and the board of barbers and cosmetologists shall for a reasonable fee makeavailable upon request to any licensee a copy of such rules.