2010 Wyoming Statutes
Title 33 - Professions And Occupations
Chapter 7 - Barbers

CHAPTER 7 - BARBERS

 

ARTICLE 1 - GENERAL PROVISIONS

 

33-7-101. Definitions.

 

(a) As used in this act:

 

(i) "Barbering" means the practice upon any person or persons of any of the following acts (when done for cosmetic purposes, and not for the treatment of disease or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment except for the immediate family); provided, any person or persons operating a beauty salon or practicing cosmetology and its related fields exclusively shall be exempt from the provisions of this act: shaving or treating the beard or cutting the hair, singeing, shampooing or dyeing the hair, permanent waving or applying hair tonics, massaging, applying cosmetic preparations, antiseptics, powder, oil, clay or lotions, to the scalp, face or neck;

 

(ii) "Board" means the state board of barber examiners;

 

(iii) "School of barbering" means a place licensed under this act where barbering is taught to students;

 

(iv) "Student" means a person duly enrolled and regularly attending a licensed school of barbering for the purpose of receiving instruction on and learning the practices of barbering;

 

(v) "Unprofessional" means acting in an extreme manner not conforming to current standards of the barbering industry;

 

(vi) "This act" means W.S. 33-7-101 through 33-7-211.

 

33-7-102. State board of barber examiners; created; designation; composition; appointment, qualifications and term of members.

 

 

(a) There is created the "state board of barber examiners", which shall consist of three (3) persons, each of whom shall be a resident citizen of the state of Wyoming and the holder of a valid registration certificate as a registered barber which has been annually renewed for the period of not less than five (5) years immediately preceding the date of his appointment and shall not be either directly or indirectly connected with any barber school or college. The members of the board shall be appointed by the governor. The governor may remove any member of the board as provided in W.S. 9-1-202. The term of office for each member appointed hereafter shall be three (3) years. Each term shall terminate on March 1 of the last calendar year of that term.

 

(b) Effective July 1, 1979, appointments and terms shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

33-7-103. State board of barber examiners; election of officers; duties of secretary-treasurer; disposition of money received.

 

(a) The board shall elect a president, vice-president and a secretary-treasurer at the first annual meeting from its members. The secretary-treasurer shall keep the books, temporary funds and records of the board.

 

(b) Each fee required shall be paid in advance and shall be received and collected as provided by law. The state treasurer shall place two percent (2%) of the money in the general fund and the remainder in a separate account. The money so received and placed in the account may be used by the members of the board in defraying their actual expenses and per diem allowance as hereinafter provided in carrying out the provisions of this act.

 

33-7-104. State board of barber examiners; powers and duties; compensation.

 

The board shall furnish suitable quarters and adopt and use a common seal for the authentication of its orders and records. To assist in implementing this act, the board may employ personnel as it deems necessary and fix their duties and remuneration. Each member of the board shall receive as salary the sum paid each day to legislators, or an equivalent hourly wage, together with per diem and mileage allowance as allowed to state employees, when actually engaged in board activities. The entire costs and expenses of carrying out this act shall be paid only out of the fees collected in the administration of this act.

 

33-7-105. State board of barber examiners; meetings.

 

One (1) annual meeting shall be held at a time and place designated by the president of the board. Other meetings shall be held as called by the president of the board, or by the president upon the written request of two (2) members of the board.

 

33-7-106. State board of barber examiners; to furnish printed matter.

 

All certificates of registration, permits, licenses or other printed matter necessary to carry out the provisions of this act shall be provided and issued by the board, and at no expense to the state.

 

33-7-107. Repealed by Laws 1985, ch. 136, 2.

 

 

33-7-108. Shop license; barber school license; fee; renewal; application; inspection fees; nontransferable.

 

(a) No person, association, partnership or corporation shall operate or conduct a barbershop or barber school without a valid, unexpired license. Licenses shall be issued by the secretary of the board of barber examiners or the board's designee. The annual license fee shall be set by the board pursuant to W.S. 33-1-201 for each shop or school, payable in advance, but if not paid on or before July 31 of each year, a late fee set by board rule and regulation shall be assessed. The licenses shall be conspicuously displayed at all times, and no license shall be issued until all sanitary regulations required by W.S. 33-7-101 through 33-7-211 or prescribed by the board have been complied with. Applications for new shops or schools or for shops or schools changing locations shall be made in writing on forms furnished by the board, and shall contain information required by the board. An inspection fee for a new shop or school or for a shop or school changing location shall be set by the board pursuant to W.S. 33-1-201. A shop or school license is not transferable.

 

(b) Registered barbers, cosmetologists, manicurists or nail technicians, estheticians and hair stylists licensed under W.S. 33-12-119 through 33-12-140 may engage in the practice for which they are licensed in the same shop if the shop is licensed under subsection (a) of this section and under W.S. 33-12-119 through 33-12-140.

 

33-7-109. Persons addicted to intoxicating liquors or narcotics.

 

(a) No person addicted to the use of intoxicating liquors or drugs to an extent to render him unfit to practice or teach barbering shall be entitled to any license, nor shall any such person work or be employed in any barbershop.

 

(b) Repealed By Laws 2005, ch. 42, 2.

 

33-7-110. Sanitary inspection.

 

(a) The board of barber examiners shall make a sanitary inspection of each barbershop and school at least annually.

 

(b) Barbershops in the state of Wyoming shall be open to such county health officers, members of the board, its inspectors or representatives at any time during business hours.

 

33-7-111. Sanitary requirements; rules.

 

(a) Repealed By Laws 2005, ch. 42, 2.

 

(b) Repealed By Laws 2005, ch. 42, 2.

 

(c) The board may promulgate rules regarding the operation of barbershops and schools to prevent the spread of infectious and contagious diseases.

 

33-7-112. Penalty.

 

Any violation of this act constitutes a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00), imprisonment for not more than ninety (90) days, or both.

 

ARTICLE 2 - CERTIFICATE OF REGISTRATION

 

33-7-201. Certificates required; license required for shops and schools.

 

(a) No person shall practice or attempt to practice barbering without a certificate to practice as a registered barber. No person shall operate a barbershop or school unless it is at all times under the direct supervision and management of a registered barber. No person shall employ another as a barber unless the person so employed holds an unexpired certificate of registration or permit issued by the board.

 

(b) No person, association, partnership, or corporation shall establish or operate a barbershop or school of barbering in the state without first securing and holding a license from the board. Application for a license shall be made in writing on forms furnished by the board. The board may require to be furnished information reasonably necessary for its purposes. The board shall establish by rule and regulation standards for licensing barbershops and schools.

 

33-7-202. Repealed by Laws 1985, ch. 136, 2.

 

 

33-7-203. When granted without examination.

 

(a) An applicant for a registered barber certificate, who is qualified and currently holds a registered barber certificate in another state or country, upon submitting an application to the board, with proof that he meets or exceeds the requirements to receive a registered barber certificate in this state as prescribed by board rule and regulation, and upon payment of the required fee, may receive a registered barber certificate by endorsement without examination in this state subject to the following:

 

(i) An applicant from another state or country which does not require a board examination or who has not graduated from a state approved program shall not obtain a certificate by endorsement; and

 

(ii) An applicant who holds a valid, unexpired barbers license or certificate from another state that does not require a board examination and who has graduated from a barber school or college, upon application and payment of the required fee may be issued a temporary permit to practice as a barber under the supervision of a registered barber in this state until the next examination scheduled by the board. Each applicant may receive only one (1) temporary permit.

 

(b) Repealed By Laws 2005, ch. 42, 2.

 

(c) Repealed By Laws 2005, ch. 42, 2.

 

33-7-204. Fees.

 

(a) The board shall establish and collect fees pursuant to W.S. 33-1-201 for the certificates, licenses, permits and examinations indicated:

 

(i) Registered barber's examination;

 

(ii) Certificate of registration, initial or renewal;

 

(iii) Duplicate certificate;

 

(iv) Temporary permit to practice;

 

(v) Restoration fee, certificate of registration;

 

(vi) Barbershop license;

 

(vii) Barber school license.

 

(b) Certificates of registration for barbers and barbershop and barber school licenses expire on July 1 following their issuance. Any person who qualifies for a certificate under W.S. 33-7-209 or a barbershop or barber school license as prescribed by board rule and regulation and pays required fees shall be issued a certificate or renewal.

 

(c) Repealed by Laws 1985, ch. 136, 2.

 

(d) The board may declare forfeit the examination fee of any applicant who fails to appear for examination at two (2) successive meetings of the board for the examination of applicants.

 

(e) Repealed By Laws 2005, ch. 42, 2.

 

(f) Repealed By Laws 2005, ch. 42, 2.

 

(g) The board shall establish and collect fees to recover costs for publication and distribution of registers, lists and booklets, for records and affidavits processed, and for educational programs.

 

33-7-205. Restoration following expiration or retirement.

 

Any formerly registered barber whose certificate of registration has expired may within five (5) years of the date of expiration have his certificate restored immediately upon payment of the restoration fee in addition to other renewal fees. Any registered barber who retires from the practice of barbering for more than five (5) years may not renew his certificate of registration. Any registered barber whose certificate has expired and who does not qualify for a certificate by endorsement as provided in W.S. 33-7-203 shall be required to pass the board administered examination and pay all related examination and certification fees as set forth in board rule and regulation.

 

33-7-206. Display.

 

Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair. Every holder of a barbershop or barber school license shall display it in a conspicuous place for public viewing.

 

33-7-207. Refusal to issue or renew; revocation; suspension; denial.

 

(a) The board may revoke, suspend, deny, or refuse to issue or renew any certificate of registration or barbershop or barber school license, or may otherwise censure the holder of a certificate of registration or barbershop or barber school license for any of the following causes:

 

(i) Making a false statement on an application to the board;

 

(ii) Gross malpractice or gross incompetency;

 

(iii) Repealed By Laws 2005, ch. 42, 2.

 

(iv) Advertising by means of knowingly false or deceptive statements;

 

(v) Advertising, practicing, or attempting to practice, under a trade name other than one's own;

 

(vi) Repealed By Laws 2005, ch. 42, 2.

 

(vii) Unprofessional conduct; and

 

(viii) Violation of any of the provisions of this act or board rule and regulation.

 

(b) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

 

33-7-208. Notice and hearing for revocation.

 

(a) Except as provided in W.S. 33-7-207(b), the board may refuse to renew or may revoke, deny or suspend any license or certificate of registration issued under this act as provided in W.S. 33-7-107 after twenty (20) days written notice and an opportunity for a hearing pursuant to the provisions of W.S. 16-3-101 through 16-3-115.

 

(b) Hearing and notice requirements shall be conducted pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.

 

33-7-209. Qualifications for registration as barber; examination.

 

(a) A certificate of registration to practice barbering shall be issued upon passage of a board administered or board approved examination, and upon meeting all requirements set forth by board rule and regulation, to any person who files a completed application, accompanied by the required fees and documentation and who:

 

(i) Has graduated from an approved barber school or college, has an education equivalent to the completion of the second year of high school and is at least seventeen (17) years of age;

 

(ii) Has a valid, unexpired license as a barber from another state or country which has licensing requirements for barbers that meet or exceed the requirements for certification in Wyoming; or

 

(iii) Is a cosmetologist or hair stylist licensed under W.S. 33-12-119 through 33-12-140, has completed seven hundred fifty (750) hours of training at an approved barber school or college and passed an examination conducted by the board to determine his fitness for practice.

 

(b) Repealed By Laws 2005, ch. 42, 2.

 

(c) An applicant for a certificate of registration to practice as a registered barber who fails to pass an examination conducted by the board, may be examined at the next examination.

 

33-7-210. Application for examination.

 

Each applicant for an examination shall make application to the board on blank forms prepared and furnished by the board and shall submit proper credentials and all required fees as required by the board no less than fifteen (15) days before the examination is to be given.

 

33-7-211. Time and character of examinations.

 

The examination required under W.S. 33-7-209(a) shall be conducted at a time and place chosen by the board and given at least once every six (6) months. Examinations shall not be confined to any specific method or system, may consist of oral, written and performance examinations, and shall be of the scope and character to disclose that any person passing the examination is qualified to receive a registered barber certificate. Examinations shall be held in the presence of at least one (1) member of the board or a qualified examiner as determined by board rule and regulation.

 

ARTICLE 3 - SCHOOLS OF BARBERING AND INSTRUCTORS

 

33-7-301. Repealed By Laws 2005, ch. 42, 2.

 

 

33-7-302. Repealed By Laws 2005, ch. 42, 2.

 

 

33-7-303. Repealed By Laws 2005, ch. 42, 2.

 

33-7-304. Repealed By Laws 2005, ch. 42, 2.

 

33-7-305. Repealed By Laws 2005, ch. 42, 2.

 

 

33-7-306. Repealed By Laws 2005, ch. 42, 2.

 

33-7-307. Repealed By Laws 2005, ch. 42, 2.

 

33-7-308. Repealed By Laws 2005, ch. 42, 2.

 

33-7-309. Repealed By Laws 2005, ch. 42, 2.

 

33-7-310. Repealed By Laws 2005, ch. 42, 2.

 

33-7-311. Repealed By Laws 2005, ch. 42, 2.

 

 

33-7-312. Repealed By Laws 2005, ch. 42, 2.

 

33-7-313. Repealed By Laws 2005, ch. 42, 2.

 

33-7-314. Repealed By Laws 2005, ch. 42, 2.