GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 946
     

 
Short Title:	Practice of Barbering.	()	
Sponsors:	Senator Rand.	
Referred to:	Judiciary I.	
April 5, 2001

A BILL TO BE ENTITLED
AN ACT amending the laws regulating the practice of barbering, authorizing the state board of barber examiners to require criminal record checks of persons applying to practice barbering in this state, to fix salaries for board employees, and to increase fees, and allowing the department of justice to conduct criminal record checks of applicants desiring to practice barbering in this state upon the Board's request.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 86A-4(b) reads as rewritten:
"(b)	No member appointed to the Board on or after July 1, 1981, shall serve more than two complete consecutive three-year terms, except that each member shall serve until the member's successor is appointed and qualifies. However, if a Board member holds an office in a national organization related to the barbering profession that requires the office holder to be a current member of a board during the time he or she holds the national office, that Board member shall be eligible for reappointment for a third three-year term.
No person who has been employed by the North Carolina State Board of Barber Examiners and has been removed for just cause shall be appointed within five years of the removal to serve as a Board member."
SECTION 2.  G.S. 86A-5(a) is amended by adding a new subdivision to read:
"(a)	The Board has the following powers and duties:
(1)	To see that inspections of barbershops and schools are conducted to determine compliance with sanitary regulations. The Board shall fix the salaries of inspectors and appoint inspectors as necessary.
(2)	To adopt sanitary regulations concerning barber schools and shops and procedural rules in accordance with the guidelines established in G.S. 86A-15.
(3)	To review the barber licensing laws of other states and to determine which are the substantive equivalent of the laws of North Carolina for purposes of G.S. 86A-12.
(4)	To conduct examinations of applicants for certificate of registration as registered barber, registered apprentice and barber school instructor.
(5)	To adopt rules of conduct for persons taking the examination for registration pursuant to G.S. 86A-9."
SECTION 3.  G.S. 86A‑6 reads as rewritten:
"§ 86A‑6.  Office; seal; officers and executive director; funds.
The Board shall maintain a suitable office in Raleigh, and shall adopt and use a common seal for the authentication of its orders and records. The Board shall annually elect its own officers, and in addition, may elect or appoint a full-time executive director who shall not be a member of the Board, and whose salary shall be fixed by the Board. The executive director shall turn over to the State Treasurer to be credited to the State Board of Barber Examiners all funds collected or received under this Chapter, the funds to be held and expended under the supervision of the Director of the Budget, exclusively for the enforcement and administration of the provisions of this Chapter. Nothing herein shall be construed to authorize any expenditure in excess of the amount available from time to time in the hands of the State Treasurer derived from fees collected under the provisions of this Chapter and received by the State Treasurer pursuant to the provisions of this section."
SECTION 4. G.S. 86A-7(b) reads as rewritten:
"(b)	The Board shall fix salaries and employ such agents, assistants and attorneys as it deems necessary."
SECTION 5.  Chapter 86A of the General Statutes is amended by adding a new section to read:
"§ 86A-7.1.  Criminal history record checks of applicants for licensure.
(a)	Definitions. - The following definitions shall apply in this section:
(1)	Applicant. - A person applying for registration as a barber either by examination pursuant to G.S. 86A-8 and G.S. 86A-9 or without examination pursuant to G.S. 86A-12.
(2)	Criminal history. - A history of conviction of a State crime, whether a misdemeanor or felony, that bears on an applicant's fitness for registration to practice barbering.
(b)	The Board may, as a condition of license registration or renewal, require that the State criminal history of an applicant is checked. National criminal history checks are authorized for an applicant who has not resided in the State of North Carolina during the past five years. The Board shall provide to the North Carolina Department of Justice the fingerprints of the applicant to be checked, a form signed by the applicant to be checked consenting to the check of the criminal history, and to the use of fingerprints and other identifying information required by the State or National Repositories, and any additional information required by the Department of Justice.
(c)	All releases of criminal history information to the Board shall be subject to, and in compliance with, rules governing the dissemination of criminal history record checks as adopted by the North Carolina Division of Criminal Information. All of the information the Board receives through the checking of the criminal history is for the exclusive use of the Board and shall be kept confidential.
(d)	If the applicant's verified criminal history record check reveals one or more convictions of a crime that is punishable as a felony offense, or the conviction of any crime involving fraud or moral turpitude, the Board may deny the applicant's registration. However, the conviction shall not automatically prohibit registration, and the following factors shall be considered by the Board in determining whether registration shall be denied:
(1)	The level and seriousness of the crime.
(2)	The date of the crime.
(3)	The age of the person at the time of the crime.
(4)	The circumstances surrounding the commission of the crime, if known.
(5)	The nexus between the criminal conduct of the applicant and the applicant's duties as a barber or apprentice.
(6)	The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed.
(7)	The subsequent commission by the person of a crime.
(e)	The Board may deny registration to an applicant who refuses to consent to a criminal history record check or use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories.
(f)	The Board shall notify the applicant of the applicant's right to review the criminal history information, the procedure for challenging the accuracy of the criminal history, and the applicant's right to contest the Board's denial of licensure."
SECTION 6.  Article 4 of Chapter 114 of the General Statutes is amended by adding a new section to read:
"§ 114-19.12. Criminal record checks of applicants for registration as barbers.
The Department of Justice may provide to the State Board of Barber Examiners from the State and National Repositories of Criminal Histories the criminal history of any applicant for registration as a barber under Chapter 86A of the General Statutes. Along with the request, the Board shall provide to the Department of Justice the fingerprints of the applicant, a form signed by the applicant consenting to the criminal record check, and use of fingerprints and other identifying information required by the State and National Repositories, and any additional information required by the Department of Justice. The applicant's fingerprints shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Board shall keep all information obtained pursuant to this section confidential. The Department of Justice may charge a fee to offset the cost incurred by it to conduct a criminal record check under this section. The fee shall not exceed the actual cost of locating, editing, researching, and retrieving the information."
SECTION 7.  G.S. 86A‑9 reads as rewritten:
"§ 86A-9.  Board to conduct examinations not less than four times each year.
The Board shall conduct examinations of applicants for certificates of registration to practice as registered barbers and registered apprentices, not less than four times each year, at such times and places as will prove most convenient and as the Board may determine. While taking the examination, each applicant shall conduct himself or herself in a manner prescribed in rules adopted by the Board. The Board may discipline an applicant, including expulsion from the examination, for violation of the rules adopted by the Board."
SECTION 8. G.S. 86A-17(b) reads as rewritten:
"(b)	A registered barber whose certificate of registration has expired may have the certificate restored immediately upon paying all lapsed renewal fees and the required late fee and furnishing a health certificate if required by the Board; provided, however, a registered barber whose certificate has expired for a period of five years shall be required to take the clinical examination prescribed by the State Board of Barber Examiners and otherwise comply with the provisions of this Chapter before engaging in the practice of barbering. No registered barber who is reissued a certificate under this subsection shall be required to serve an apprenticeship as a prerequisite to reissuance of the certificate. If a license has expired for a period greater than six months, the Board may impose civil penalties in accordance with G.S. 86A-19.1."
SECTION 9.  Chapter 86A of the General Statutes is amended by adding a new section to read:
"§ 86A-19.1.  Civil penalties.
(a)	Authority to Access Civil Penalties. - In addition to taking any of the actions permitted under G.S. 86A-18, the Board may assess a civil penalty not in excess of one thousand dollars ($1,000) for each violation of any section of this Chapter or the violation of any rules adopted by the Board. All civil penalties collected by the Board shall be remitted to the school fund of the county in which the violation occurred to the extent required by G.S. 115C-457.2.
(b)	Consideration Factors. - Before imposing and assessing a civil penalty and fixing the amount of the penalty, the Board shall, as a part of its deliberations, take into consideration the following factors:
(1)	The nature, gravity, and persistence of the particular violation.
(2)	The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.
(3)	Whether the violation was willful and malicious.
(4)	Any other factors that would tend to mitigate or aggravate the violations found to exist.
(c)	Costs. - The Board may in a disciplinary proceeding charge costs, including reasonable attorneys' fees, to the person against whom the proceedings were brought."
SECTION 10.  Chapter 86A of the General Statutes is amended by adding a new section to read:
"§ 86A-20.1.  Injunctive relief.
If the Board finds that a person who does not have a registration issued under this Chapter claims to be a barber or an apprentice or is engaging in practice as a barber or an apprentice in violation of this Chapter, the Board may apply to superior court for an order enjoining a violation of this Chapter or rules adopted by the Board. Upon a showing by the Board that a person has violated or is about to violate this Chapter, the court may grant an injunction, restraining order, or take other appropriate action. Actions under this section shall be brought in the county where the person resides or maintains his or her principal place of business or where the alleged act occurred."
SECTION 11.  G.S. 86A-22(2) reads as rewritten:
"§ 86A-22.  Licensing and regulating barber schools and colleges.
The North Carolina State Board of Barber Examiners may approve barber schools or colleges in the State, and may prescribe rules and regulations for their operation. No barber school or college shall be approved by the Board unless the school or college meets all of the following requirements:
…
(2)	Each school shall employ at least two instructors for the first 40 enrolled students and at least one additional instructor for every 20 enrolled students, in addition to the first 40 enrolled students. Each instructor shall hold a valid instructor's certificate issued by the Board. Schools that are organized as nonprofit and have obtained a ruling from the Internal Revenue Service recognizing their tax-exempt status shall have at least one instructor for every 20 enrolled students. No school, whether for profit or nonprofit, shall provide practical training and theoretical training simultaneously unless at least two instructors are present on the school premises."
SECTION 12.  G.S. 86A-24(b) reads as rewritten:
"(b)	An apprentice license expires on May 31 of each year. Every holder of an apprentice license shall annually renew the apprentice license by the expiration date and pay the required renewal fee. An apprentice license issued under this Chapter is automatically suspended by operation of law after failure to renew the apprentice license by the expiration date. An apprentice whose apprentice license has expired may have the certificate restored immediately upon paying all lapsed renewal fees and the required late fee. The certificate of registration of an apprentice is valid only so long as the apprentice works under the supervision of a registered barber, who is present on the premises of the barber shop at all times while the apprentice is working. No apprentice shall operate a barbershop."
SECTION 13. G.S. 86A‑25 reads as rewritten:
"§ 86A-25.  Fees collectible by Board.
The State Board of Barber Examiners shall charge fees not to exceed the following: 
Certificate of registration or renewal as a barber	$35.00
Certificate of registration or renewal as an apprentice barber 	35.00
Barbershop permit or renewal	35.00
Examination to become a registered barber	55.00
Examination to become a registered apprentice barber	55.00
Late fee for restoration of an expired barber certificate
within first year after expiration	25.00
Late fee for restoration of an expired barber certificate 
after first year after expiration but within 
five years after expiration	45.00
Late fee for restoration of an expired apprentice certificate
within first year after expiration	25.00
Late fee for restoration of an expired apprentice 
certificate after first year after expiration but 
within three years of first issuance of the certificate	30.00
Late fee for restoration of an expired barbershop certificate	30.00
Examination to become a barber school instructor	100.00
Student permit	20.00
Issuance of any duplicate copy of a license, certificate, or permit	13.00
Barber school permit or renewal	80.00
Late fee for restoration of an expired barber school certificate 	55.00
Barber school instructor certificate or renewal	55.00
Late fee for restoration of an expired barber school 
instructor certificate within first year after expiration	30.00
Late fee for restoration of an expired barber school
instructor certificate after first year after
expiration but within three years after expiration	55.00
Inspection of newly established barbershop	75.00
Inspection of newly established barber school	130.00
Issuance of a registered barber or apprentice
certificate by certification	75.00
Barbers 70 years and older certificate or renewal	No charge
Reasonable charges for certified copies of Board records."
SECTION 14.  G.S. 86A‑26 reads as rewritten:
"§ 86A‑26.  Barbering among members of same family.
This Chapter shall not prohibit a member of a family from practicing barbering on a member of his or her family. For purposes of this section, 'family' means the person's spouse or lineal descendants."
SECTION 15.  This act is effective when it becomes law.