RELATES TO: KRS 317A.060, 317A.090
STATUTORY AUTHORITY: KRS 317A.050, 317A.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.050 and 317A.060 require the Kentucky Board of Hairdressers and Cosmetologists to promulgate administrative regulations concerning licensure for the operation of a school of cosmetology. This administrative regulation establishes requirements for licensure of a cosmetology school.
Section 1. Each person, firm, or corporation applying for a license to operate a school of cosmetology shall submit an application provided by the board.
Section 2. Each individual owner, or one (1) partner in the instance of a partnership, or one (1) corporate officer in the instance of a corporation, shall submit a financial statement indicating financial assets in the amount of $10,000 for twenty (20) students enrolled and $1,000 for each additional student enrolled.
Section 3. A person having any interest in operating a school shall submit a minimum of two (2) character references, proposed copy of student contract indicating all financial charges to enrolling students, and term of lease for location, if applicable.
Section 4. Application for license to operate a school of cosmetology shall be accompanied by an architect's or draftsman's plan of proposed premises drawn to scale, showing the arrangements of the classroom, clinic area, mannequin area, dispensary, reception area, shampoo area, office, entrance and exits, placement of equipment, and any other area of the school.
Section 5.(1) A license to operate a cosmetology school shall be valid only for the location and person, firm, or corporation named on the application and license issued by the board. A school of cosmetology license shall not be transferable from one (1) location to another or from one (1) person, firm, or corporation to another.
(2) The license shall contain:
(a) The name of the proposed school; and
(b) A statement that the proposed school is authorized to operate educational programs beyond secondary education.
Section 6. The owners, firm, or corporation operating a school of cosmetology shall notify the board in writing twenty (20) days prior to selling, transferring, or changing of ownership and management of a school. Prospective ownership shall meet all qualifications of owning a school and have the approval of the board.
Section 7. Following approval of the application to operate a school of cosmetology by the board, the site shall be inspected by a quorum of the board or by at least one (1) member of the board and the board administrator. A final inspection of the premises shall be conducted by the members of the board prior to issuing of license. All schools shall comply with city, county, and state zoning laws, plumbing, and building codes. The construction or renovation of the proposed school shall be completed and a final inspection conducted by the board within twelve (12) months from the date of approval of the site. Any extension of this period of time shall be granted for good cause shown provided the request is presented, in writing, to the board. The applicant shall provide:
(1) The reason for extension and the term of request; and
(2) Supportive documentation of the extension request.
Section 8. Any cosmetology school owner, manager, or instructor who misrepresents facts to the board, to the students, or to the general public concerning any information regarding the school or any student enrolled in the school, or in any way violates administrative regulations adopted by this board, shall be served notice to show cause why the school's license and the instructor's license should not be revoked.
Section 9. Any person, establishment, firm or corporation that accepts, directly or indirectly, compensation for teaching persons any branch or subjects of cosmetology as defined in KRS 317A.010 shall be classified as a school and shall be required to comply with KRS Chapter 317A and 201 KAR Chapter 12 by authority established in KRS 317A.090 and 317A.050.
Section 10. The board shall not license a correspondence school or any school of cosmetology in an establishment that teaches any other trade, profession, or business, except vocational training schools.
Section 11. A person who is an owner, partner, stockholder, or corporate officer, or who has any financial or other interest in the management and control of the school shall not be enrolled in the school as a student.
Section 12. A school of cosmetology shall not permit or require students to be in attendance at school more than forty (40) hours in any one (1) week.
Section 13. Any school of cosmetology desiring night classes may, by proper application, be granted permission from the board to operate the classes. The school shall not operate past 10 p.m. local time, under any circumstances.
Section 14. (1) A member of the board or an employee, unless resigned, shall not apply for a new school license or apply for any existing school license under KRS 317A.090 and this administrative regulation.
(2) The board may choose not to consider any application for a school license submitted by a relative of a member of the board, by a relative of a board employee, or by any person with whom a member of the board or a board employee shares a significant financial interest. Failure to make full disclosure to the board as to the exact nature of the relationship between the board member or employee of the board and the applicant shall result in denial of approval of licensure. A person applying for a new school license shall complete an application with the board.
(3) The provisions of this section shall apply only to applications for licenses approved or filed, licenses issued, or actions of a person serving as a member of the board or as a board employee after June 10, 1986.
Section 15. Incorporation by Reference. (1) "Application for Kentucky School of Cosmetology", April 14, 2015, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Hairdressers and Cosmetologists, 111 St. James Court, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (KBHC:Sch:Fac. 2-1; 2 Ky.R. 74; eff. 9-10-75; Am. 12 Ky.R. 672; eff. 1-3-1986; 12 Ky.R. 1455; eff. 3-6-1987; 20 Ky.R. 1032; 1782; eff. 1-10-1994; 42 Ky.R. 478; 1132; eff. 11-6-2015.)