Read Rules and regulations / Part 2 Barber essay

CHAPTER 6 - BOARD OF BARBER EXAMINERS

SUBCHAPTER 6A - DEPARTMENTAL RULES

SECTION .0100 - ORGANIZATIONAL RULES

21 NCAC 06A .0101 FORMAL NAME

History Note: Authority G.S. 86A-4;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06A .0102 ADDRESS

(a) The Board's mailing address is 7001 Mail Service Center, Raleigh, North Carolina 27699-7000 and email address is

barberboard@nc.gov.

(b) The Board's physical address is 5809-102 Departure Drive, Raleigh, North Carolina 27616.

(c) The Board's website address is www.ncbarbers.com.

(d) The Board's phone number is (919) 814-0640.

History Note: Authority G.S. 86A-6;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; May 1, 1989;

Readopted Eff. July 1, 2016;

Amended Eff. April 1, 2019.

21 NCAC 06A .0103 OFFICE HOURS

History Note: Authority G.S. 86A-6;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; May 1, 1989;

Repealed Eff. September 1, 2013.

21 NCAC 06A .0104 MAILING ADDRESS

History Note: Authority G.S. 86A-6;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. June 1, 2008.

21 NCAC 06A .0105 PURPOSES AND RESPONSIBILITIES

History Note: Legislative Objection Lodged Eff. March 7, 1983;

Statutory Authority G.S. 86A-5; 86A-9; 86A-12; 86A-15; 86A-17; 86A-18; 86A-19; 86A-21;

86A-22; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

SECTION .0200 - THE BOARD OF BARBER EXAMINERS

21 NCAC 06A .0201 COMPOSITION

21 NCAC 06A .0202 TERM OF OFFICE

21 NCAC 06A .0203 QUALIFICATIONS

21 NCAC 06A .0204 OFFICERS AND EXECUTIVE SECRETARY

21 NCAC 06A .0205 COMPENSATION

History Note: Legislative Objection Lodged (.0202) Eff. March 7, 1983;

Statutory Authority G.S. 86A-4; 86A-6; 86A-7;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Curative Amended (.0202) Eff. April 6, 1983;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06A .0206 INSTRUCTORS CERTIFICATE

History Note: Authority G.S. 86A-7;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. March 1, 1983.

21 NCAC 06A .0207 CONFLICT OF INTEREST

21 NCAC 06A .0208 INSPECTION AND REPORTS

History Note: Authority G.S. 86A-7;

Eff. February 1, 1976;

Repealed Eff. February 8, 1978.

21 NCAC 06A .0209 MONTHLY REPORTS

History Note: Authority G.S. 86A-7;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0300 - EXECUTIVE SECRETARY

21 NCAC 06A .0301 EXECUTIVE SECRETARY

History Note: Authority G.S. 86A-6;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989; March 1, 1989;

Repealed Eff. September 1, 2013.

21 NCAC 06A .0302 INSTRUCTORS CERTIFICATE

History Note: Authority G.S. 86A-7; 86A-25;

Eff. February 1, 1976;

Repealed Eff. February 8, 1978.

21 NCAC 06A .0303 DUTIES OF EXECUTIVE SECRETARY

History Note: Authority G.S. 86A-5(a)(4);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed September 1, 2013.

21 NCAC 06A .0304 QUALIFICATIONS

21 NCAC 06A .0305 CONFLICT OF INTEREST

History Note: Authority G.S. 86A-7; 86A-25;

Eff. February 1, 1976;

Repealed Eff. February 8, 1978.

21 NCAC 06A .0306 FUNDS COLLECTED

History Note: Authority G.S. 86A-6;

Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

SUBCHAPTER 06B – RULE-MAKING PROCEDURES

SECTION .0100 – PETITONS FOR RULE-MAKING

21 NCAC 06B .0101 PETITION FOR RULE-MAKING

Any person submitting a petition to adopt, amend, or repeal a rule by the Board shall address a petition to the Chairman at the

office address in 21 NCAC 06A .0102.

(1) The petition shall contain the following:

(a) for petitions to adopt or amend a rule, a draft of the proposed rule or amendment;

(b) a statement of the effect of the requested rule change; and

(c) the name and address of the petitioner.

(2) The petition may contain the following:

(a) the reason for the proposal;

(b) the effect of the new rule on existing rules; or

(c) any data supporting the rule proposal.

History Note: Authority G.S. 150B-20;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. August 1, 2016.

21 NCAC 06B .0102 CONTENTS OF PETITIONS

History Note: Authority G.S. 86A-25; 150A-11(1); 150A-16;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06B .0103 PETITION FOR AMENDMENT OR REPEAL OF RULE

History Note: Authority G.S. 150B-20;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. August 1, 2016.

21 NCAC 06B .0104 CONTENTS OF PETITIONS

History Note: Authority G.S. 86A-25; 150A-11(1); 150A-16;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06B .0105 GRANTING OR DENYING PETITIONS

Within 120 days of submission of the petition, the Board shall render a final decision. If the decision is to grant the petition,

the Board shall initiate a rule-making proceeding by issuing a notice as provided for in G.S. 150B-20(c). If the decision is to

deny the petition, the Board shall send the petitioner written notice of the decision. The notice shall state the reasons for

denying the petition and refer to the appeal rights set forth in G.S. 150B-20(d).

History Note: Authority G.S. 150B-20;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. October 1, 2016.

21 NCAC 06B .0106 RECOMMENDATION

21 NCAC 06B .0107 FINAL DECISION

History Note: Authority G.S. 86A-25; 150A-11(1); 150A-16;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0200 - NOTICE

21 NCAC 06B .0201 NOTICE TO PARTIES

History Note: Authority G.S. 86A-12; 150A-11(1); 150A-16; 150A-23;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06B .0202 MAILING LIST

Any person or agency desiring to be placed on the mailing list for the Board's rule-making notices may file such request in

writing furnishing his or her or the agency name and mailing address to the Chairman at the office address listed in 21 NCAC

06A .0102.

History Note: Authority G.S. 150B-21.2(d);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06B .0203 PUBLIC NOTICE

History Note: Authority G.S. 86A-12; 150A-11(1); 150A-12;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06B .0204 INFORMATION REQUESTS

History Note: Authority G.S. 150B-21.2(d);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. July 1, 2016.

SECTION .0300 - HEARINGS

21 NCAC 06B .0301 LOCATION OF HEARINGS

History Note: Authority G.S. 86A-5; 150B-21.2;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; May 1, 1989;

Repealed Eff. August 1, 2016.

21 NCAC 06B .0302 ORAL PRESENTATIONS

History Note: Authority G.S. 150B-21.2(e);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. August 1, 2016.

21 NCAC 06B .0303 REQUEST FOR ORAL PRESENTATIONS

21 NCAC 06B .0304 ORAL PRESENTATION

History Note: Authority G.S. 86A-25; 150A-11(1); 150A-12(e); 150A-16;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06B .0305 WRITTEN STATEMENT

History Note: Authority G.S. 150B-21.2(f);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. August 1, 2016.

21 NCAC 06B .0306 ACKNOWLEDGMENT

History Note: Authority G.S. 150B-21.2(f);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06B .0307 CONTROL OF HEARINGS

(a) The presiding officer at a rule-making hearing shall have control of the proceedings including the following:

(1) the recognition of speakers;

(2) the time allotment for presentations and extension of any time allotments; and

(3) the management of the hearing.

(b) The presiding officer at all times shall ensure that each person participating in the hearing is given an equal opportunity to

present views, data, and comments.

History Note: Authority G.S. 150B-21.2(e);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06B .0308 REQUEST FOR STATEMENT ON FINAL DECISION

History Note: Authority G.S. 150B-21.2(h);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. August 1, 2016.

21 NCAC 06B .0309 RECORDS

(a) A record of all rule-making proceedings shall be maintained permanently.

(b) The record shall be maintained on file at the Board's office address listed in 21 NCAC 06A .0102.

History Note: Authority G.S. 150B-21.2(i);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

SECTION .0400 - TEMPORARY RULES

21 NCAC 06B .0401 POWER TO ISSUE

21 NCAC 06B .0402 LENGTH OF EFFECTIVENESS

History Note: Authority G.S. 150B-13;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. June 1, 2008.

SECTION .0500 - DECLARATORY RULINGS

21 NCAC 06B .0501 REQUEST FOR DECLARATORY RULING

All requests for declaratory rulings shall be in writing and mailed to the Chairman at the office address in 21 NCAC 06A

.0102.

History Note: Authority G.S. 150B-4;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06B .0502 CONTENTS OF REQUEST

All requests for a declaratory ruling shall include the following information:

(1) the name and address of petitioner;

(2) the statute, rule, or order to which the petition relates;

(3) a statement of the manner in which the petitioner is affected, or thinks that he or she may be affected, by the

rule, statute, or order and its application to him or her; and

(4) a statement of whether an oral hearing is desired and if so, the reasons for an oral hearing.

History Note: Authority G.S. 150B-4;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06B .0503 REFUSAL TO ISSUE DECLARATORY RULING

(a) The Board shall issue a declaratory ruling, except when:

(1) the request for a declaratory ruling does not meet the requirements set forth in 21 NCAC 06B .0501;

(2) the Board has previously issued a declaratory ruling on similar facts;

(3) the Board has previously issued a final agency decision for a contested case for which the petitioner was a

party;

(4) the facts underlying the request for a declaratory ruling were considered at the time the Rule was adopted;

or

(5) the subject matter of the petition is involved in pending litigation.

(b) When the Board refuses to issue a declaratory ruling, it shall notify the petitioner of its decision in writing, stating reasons

for the denial of a declaratory ruling.

History Note: Authority G.S. 150B-4;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. October 1, 2016.

21 NCAC 06B .0504 ISSUANCE OF DECLARATORY RULING

History Note: Authority G.S. 86A-25; 150A-17;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06B .0505 PROCEDURE

History Note: Authority G.S. 150B-4;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. October 1, 2016.

21 NCAC 06B .0506 VALIDITY OF RULE

21 NCAC 06B .0507 CIRCUMSTANCES

History Note: Authority G.S. 86A-25; 150A-17;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0600 - FEES

21 NCAC 06B .0601 FEE SCHEDULE

21 NCAC 06B .0602 AMOUNT

History Note: Authority G.S. 86A-25; 150A-11(1);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SUBCHAPTER 06C – CONTESTED CASES

SECTION .0100 – CONTESTED CASES

21 NCAC 06C .0101 ADMINISTRATIVE HEARINGS

Any person whose rights, duties, or privileges are affected by official actions of the Board shall be entitled to a hearing

pursuant to G.S. 150B-38.

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06C .0102 HEARINGS

History Note: Authority G.S. 86A-25; 150A-2; 150A-23;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0200 – REQUEST FOR A HEARING

21 NCAC 06C .0201 REQUEST

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. July 1, 2016.

21 NCAC 06C .0202 INFORMAL RESOLUTION ENCOURAGED

21 NCAC 06C .0203 REQUEST AFTER INFORMAL EFFORTS

History Note: Authority G.S. 150B-22; 150B-38

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; May 1, 1989;

Repealed Eff. October 1, 2016.

21 NCAC 06C .0204 CONTENTS OF REQUEST

A written request for an administrative hearing shall contain the following information:

(1) the name and address of petitioner;

(2) a statement of the Board action being challenged;

(3) a statement of the way in which the petitioner has been aggrieved; and

(4) a demand for a hearing.

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Readopted Eff. July 1, 2016.

21 NCAC 06C .0205 ACKNOWLEDGEMENT

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; May 1, 1989;

Repealed Eff. July 1, 2016.

SECTION .0300 - THE GRANTING OF HEARING REQUESTS

21 NCAC 06C .0301 GRANTING A HEARING

21 NCAC 06C .0302 CRITERIA

21 NCAC 06C .0303 ISSUANCE

21 NCAC 06C .0304 APPROVAL OF REQUEST

History Note: Authority G.S. 86A-25; 150A-2; 150A-11(1); 150A-23;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0400 - WAIVER

21 NCAC 06C .0401 FAILURE TO NOTIFY

21 NCAC 06C .0402 FAILURE TO APPEAR

History Note: Authority G.S. 86A-25; 150A-11(1); 150A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0500 - NOTICE

21 NCAC 06C .0501 REASONABLE NOTICE

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. August 1, 2016.

21 NCAC 06C .0502 NOTICE AND HEARING

In determining periods between notice and hearing, the Chairman shall consider the following factors:

(1) the complexity of the issues involved;

(2) the probable length of the presentations at the hearing;

(3) the number of parties;

(4) the probable success of notifying all the parties without resorting to publication; and

(5) the time and place of regularly scheduled meetings of the Board.

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06C .0503 ADDITIONAL INFORMATION ON NOTICES AND HEARINGS

21 NCAC 06C .0504 WRITTEN ANSWERS TO NOTICE

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. July 1, 2016.

SECTION .0600 – WHO SHALL HEAR CONTESTED CASES

21 NCAC 06C .0601 WHO HEARS CONTESTED CASES

History Note: Authority G.S. 150B-40;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06C .0602 APPOINTMENT

History Note: Authority G.S. 86A-25; 150A-32;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0700 – PLACE OF HEARING

21 NCAC 06C .0701 LOCATION

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06C .0702 ALTERNATIVE LOCATIONS

History Note: Authority G.S. 86A-25; 150A-24;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0800 - INTERVENTION

21 NCAC 06C .0801 REQUIREMENTS FOR INTERVENTION

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06C .0802 PERMISSIVE INTERVENTION

21 NCAC 06C .0803 DISCRETIONARY INTERVENTION

21 NCAC 06C .0804 ADVISABILITY

21 NCAC 06C .0805 WRITTEN PETITION

21 NCAC 06C .0806 PETITION FOR INTERVENTION

History Note: Authority G.S. 86A-25; 150A-23;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06C .0807 ALLOWANCE

If the Board decides to allow intervention, notification of that decision shall be issued to all parties, including the petitioner. In

cases of permissive intervention, the notification shall include a statement of the limitations, if any, of time, subject matter,

evidence, or any other matters deemed necessary by the Board that are imposed upon the intervenor.

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06C .0808 DENIAL

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. July 1, 2016.

SECTION .0900 - HEARING OFFICERS

21 NCAC 06C .0901 HEARING OFFICER

21 NCAC 06C .0902 CONDUCT

History Note: Authority G.S. 86A-25; 150A-25; 150A-32; 150A-33;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06C .0903 BIAS OF BOARD MEMBER

If for any reason a member of the Board determines that personal bias or other factors precludes him or her from being able to

hear a contested case and perform all duties in an impartial manner, he or she shall submit in writing to the Chairman his or

her disqualification and the reasons therefore as required by Chapter 138A of the General Statutes.

History Note: Authority G.S. 138A-36; 150B-38; 150B-40;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06C .0904 BIAS CLAIMED BY PARTY

History Note: Authority G.S. 150B-40;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06C .0905 AFFIDAVIT OF DISQUALIFICATION

An affidavit of disqualification shall state all facts the party deems relevant to the disqualification of the member of the Board.

History Note: Authority G.S. 150B-40;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06C .0906 FILING AFFIDAVIT

An affidavit of disqualification shall be considered timely if filed before commencement of the hearing.

History Note: Authority G.S. 150B-40;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06C .0907 DISQUALIFICATION

The members of the Board who are not challenged in an affidavit of disqualification shall decide whether to disqualify the

person being challenged by the following procedural rules:

(1) The person whose disqualification is to be determined shall not participate in the decision but may be

called upon to furnish information to the remaining members of the Board.

(2) The Chairman shall appoint a member of the Board or the Executive Director to investigate the allegations

of the affidavit, if necessary.

(3) If appointed under Item (2) of this Rule, the investigator shall report his or her findings and

recommendations to the remaining members of the Board, who shall then decide whether to disqualify the

challenged individual.

History Note: Authority G.S. 150B-40;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. September 1, 2013; May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06C .0908 NEW HEARING

History Note: Authority G.S. 86A-25; 150A-25; 150A-32; 150A-33;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06C .0909 DISQUALIFICATION OF MAJORITY OF BOARD

History Note: Authority G.S. 150B-40;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed August 1, 2016.

21 NCAC 06C .0910 DETERMINATION TO CONTINUE

21 NCAC 06C .0911 RECORDS

History Note: Authority G.S. 86A-25; 150A-33; 150A-34; 150A-37;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06C .0912 COMPLAINTS

(a) An individual who wishes to make a complaint alleging a violation of G.S. 86A or the Board's rules shall submit the

complaint in writing to the address or through the website set forth in 21 NCAC 06A .0102.

(b) Upon receipt of a complaint, the Board's Executive Director shall review the complaint. The Executive Director shall

assign a staff member to investigate the complaint, except for complaints that are dismissed as set forth in Paragraph (c) of

this Rule.

(c) The Executive Director shall dismiss the complaint and notify the complainant if the complaint:

(1) lacks information, such as barbershop location or a description of the alleged conduct, necessary to

investigate the complaint. Before dismissal, the Executive Director shall attempt to collect additional

information from the complainant; or

(2) alleges conduct that is not prohibited by G.S. 86A or the Board's rules or is not within the Board's

jurisdiction. The Executive Director shall refer the complaint to any other agency that may have

jurisdiction.

(d) After conducting an investigation, the assigned staff member shall:

(1) recommend to the Executive Director that the Board counsel issue a probable cause letter for violations of

G.S. 86A or the Board's rules; or

(2) recommend that the Executive Director dismiss the complaint because there is insufficient evidence of a

violation of G.S. 86A or the Board's rules or the alleged conduct is not within the Board's jurisdiction.

(e) After receiving a recommendation required by Paragraph (d) of this Rule, the Executive Director shall:

(1) request additional investigation by the assigned staff member on a case-by-case basis when the

recommendation does not contain facts to support the actions set forth in Subparagraphs (2) or (3) of this

Paragraph;

(2) recommend that the Board counsel issue a probable cause letter for violations of G.S. 86A or the Board's

rules; or

(3) dismiss the complaint and notify the complainant, except that the Executive Director shall refer the

complaint to any other agency that may have jurisdiction.

(f) At each regularly scheduled Board meeting, the Executive Director shall submit to the Board a report of dismissed

complaints that he or she has not previously reported, with a summary of the allegations and a justification for the dismissal. If

the complaint was dismissed within 30 days of the Board meeting, the Executive Director may instead include the dismissal in

the report for the Board meeting following the next regularly scheduled meeting.

(g) By a majority vote, the Board may reopen any complaint that the Executive Director has dismissed, in which case the

complaint shall be handled as if the Executive Director had not dismissed the complaint.

History Note: Authority G.S. 86A-5;

Eff. April 1, 2017.

SUBCHAPTER 06D – CONDUCT OF THE CONTESTED CASE

SECTION .0100 – FAILURE TO APPEAR

21 NCAC 06D .0101 CONTESTED CASE HEARINGS

History Note: Authority G.S. 150B-38;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06D .0102 ALTERNATIVES OF HEARING OFFICER

21 NCAC 06D .0103 CONTINUANCES

21 NCAC 06D .0104 PETITION TO REOPEN

21 NCAC 06D .0105 CRITERIA FOR REOPENING A CASE

History Note: Authority G.S. 86A-25; 150A-11(1); 150A-25; 150A-33;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0200 - PRE-HEARING CONFERENCE

21 NCAC 06D .0201 DISCRETION TO HOLD CONFERENCE

21 NCAC 06D .0202 PURPOSES

21 NCAC 06D .0203 NATURE OF CONFERENCE

21 NCAC 06D .0204 NOTICE OF PRE-HEARING CONFERENCE

21 NCAC 06D .0205 SIMPLIFICATION OF ISSUES

History Note: Authority G.S. 86A-25; 150A-11(1); 150A-23; 150A-31; 150A-33(5);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0300 - SUBPOENAS

21 NCAC 06D .0301 AUTHORITY TO ISSUE

21 NCAC 06D .0302 ISSUANCE

21 NCAC 06D .0303 SERVICE OF SUBPOENAS

21 NCAC 06D .0304 UNREASONABLE SUBPOENAS

21 NCAC 06D .0305 OBJECTIONS

21 NCAC 06D .0306 STATEMENT OF REASONS

21 NCAC 06D .0307 SERVICE OF OBJECTIONS

21 NCAC 06D .0308 RESPONSES TO OBJECTIONS

21 NCAC 06D .0309 HEARINGS ON SUBPOENA CHALLENGES

21 NCAC 06D .0310 RULINGS

History Note: Authority G.S. 86A-25; 150A-23; 150A-25; 150A-27;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0400 - DISCOVERY

21 NCAC 06D .0401 DISCOVERY OF INFORMATION

21 NCAC 06D .0402 FAILURE TO SUBMIT TO DISCOVERY

History Note: Authority G.S. 86A-25; 150A-28;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0500 - DEPOSITIONS

21 NCAC 06D .0501 USE OF DEPOSITIONS

21 NCAC 06D .0502 PROCEDURE FOR TAKING A DEPOSITION

21 NCAC 06D .0503 RULINGS ON DEPOSITIONS

History Note: Authority G.S. 86A-25; 150A-28;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SUBCHAPTER 6E - DECISION IN CONTESTED CASES

SECTION .0100 - PROPOSALS FOR DECISIONS

21 NCAC 06E .0101 HEARING OFFICERS

21 NCAC 06E .0102 PROPOSAL FOR DECISION

21 NCAC 06E .0103 EXCEPTIONS

History Note: Authority G.S. 86A-25; 150A-33; 150A-34;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SECTION .0200 - OBJECTIONS TO BOARD DECISIONS

21 NCAC 06E .0201 FORM

21 NCAC 06E .0202 RECORDS

21 NCAC 06E .0203 SUBSTANTIAL PREJUDICE

21 NCAC 06E .0204 ORAL ARGUMENTS

21 NCAC 06E .0205 NOTICE

History Note: Authority G.S. 86A-25; 150A-23; 150A-25; 150A-37;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

SUBCHAPTER 06F – BARBER SCHOOL

SECTION .0100 – BARBER SCHOOL

21 NCAC 06F .0101 PHYSICAL STRUCTURE

(a) For the purpose of this Rule, "practical area" means the area of the school where barbering services are provided.

(b) The physical structure of barber schools in North Carolina shall conform to the following criteria:

(1) be a minimum of 14 linear feet wide;

(2) be equipped with a minimum of five barber chairs for barber schools within jail or prison facilities or 10

barber chairs for all other schools, and these chairs shall meet the sanitary conditions required by G.S. 86A-

15(a)(2);

(3) have a minimum of 896 square feet in the practical area;

(4) have an additional 70 square feet in the practical area for each additional barber chair over 10 chairs;

(5) have at least five linear feet of space between each chair, center to center;

(6) have no more than two students enrolled per barber chair;

(7) be equipped with toilet facilities with hand-washing sink or basin;

(8) have concrete or wood floors covered with smooth, nonporous materials;

(9) have instructional materials, such as blackboard space or slide programs;

(10) have a workstand, with a mounted mirror with minimum dimensions of 36 inches tall and 20 inches wide,

for each barber chair in the practical area, constructed of material that can be washed and cleansed;

(11) have a tool cabinet for each barber chair, with a door to limit exposure of the tools to the open air;

(12) have a towel cabinet, or other method of storage, so that clean towels are stored separate from used towels;

(13) have at least one functional sink or lavatory, with hot and cold water, for each two barber chairs, located

within seven unobstructed linear feet of each barber chair. This sink distance requirement does not apply to

schools permitted on or before September 1, 2009;

(14) have the school separate from any other place or type of business, except for a business allowed by G.S.

86A-15(a)(1)(b), by a wall of ceiling height;

(15) have a classroom area, separate from the practical area, with desk chairs sufficient to serve the number of

students enrolled, and a desk and chair for the instructors;

(16) have a means for electronic recordation of student hours;

(17) have a sign displayed in each practical area of the school stating that all barbering services are performed

by students; and

(18) have a bulletin board hanging in each classroom area with a posting of the rules in this Subchapter and the

minimum school curricula as set forth in 21 NCAC 06F .0120.

This Paragraph applies to barber schools permitted on or after December 1, 1994 or which undergo structural renovations

after that date.

(c) All barber schools seeking a new permit shall receive a satisfactory building inspection by the jurisdiction having

authority prior to obtaining a shop inspection pursuant to 21 NCAC 06L .0105.

History Note: Authority G.S. 86A-15; 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. September 1, 2013; October 1, 2009; June 1, 2008; December 1, 1994; May 1, 1989;

Readopted Eff. July 1, 2016;

Amended Eff. August 1, 2018.

21 NCAC 06F .0102 MANAGER

(a) Each barber school shall designate one of the instructors required by G.S. 86A-22(2) as the school manager.

(b) The barber school manager is responsible for the school's compliance with G.S. 86A-15 and the rules in this Subchapter,

whether present on the school premises or not.

History Note: Authority G.S. 86A-15; 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. April 1, 2010; May 1, 1989; March 1, 1983;

Readopted Eff. July 1, 2016;

Amended Eff. January 1, 2018.

21 NCAC 06F .0103 FILING

(a) Each barber school shall file with the Board the name of the manager of the school.

(b) When a change in the management of a barber school occurs, the school shall report the change at least 30 days before the

change is effective, except in emergencies, such as termination of a manager. If such change is due to an emergency, the filing

shall be made not later than 10 days after the change of management has occurred.

History Note: Authority G.S. 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; May 1, 1989; March 1, 1983;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0104 INSTRUCTORS

(a) At least one barber instructor shall supervise students engaged in barbering activities at all times.

(b) Barber instructors shall barber only for the purpose of instruction or demonstration while on the premises of the barber

school.

(c) All course work as outlined under 21 NCAC 06F .0120 shall be taught by a certified barber instructor.

History Note: Authority G.S. 86A-22; 86A-23;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. September 1, 2009; June 1, 2008; May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0105 QUALIFICATIONS

21 NCAC 06F .0106 CONDUCT OF MANAGERS AND INSTRUCTORS

21 NCAC 06F .0107 STUDENT PERMITS

History Note: Authority G.S. 86A-18; 86A-22; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06F .0108 RE-EXAMINATION

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Repealed Eff. February 8, 1978.

21 NCAC 06F .0109 RE-ENTERING SCHOOL

A new application for a student permit shall be filed with the Board for:

(1) each student who drops out and later re-enrolls in a barber school; and

(2) any barber re-enrolling in barber school for additional instruction.

History Note: Authority G.S. 86A-22(3);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0110 ROSTER AND STUDENT RECORDS

Each barber school shall:

(1) maintain an up-to-date written roster system that shall be used to ensure that each student serves

substantially equal numbers of patrons for practical work;

(2) maintain a record of each student, including a weekly record of the number of days and hours the student

attended classes in practical work and theory;

(3) maintain a separate daily record of the number of patrons the student served for haircuts, shaves, and other

barbering services;

(4) maintain a weekly record of the subject matter taught to the student in theory classes;

(5) submit the Form BAR-10 as required by 21 NCAC 06N .0111;

(6) provide to the Board the list of students required by G.S. 86A-22(5) by the 15th day of each month; and

(7) maintain the signed acknowledgment required by 21 NCAC 06F .0116.

History Note: Authority G.S. 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. April 1, 2010; June 1, 2008; May 1, 1989; March 1, 1983;

Readopted Eff. September 1, 2016.

21 NCAC 06F .0111 COPIES OF BARBER SCHOOL RECORDS

(a) Barber schools shall furnish to the Board copies of all records or reports the schools are required to keep, either by the

North Carolina General Statutes or by the rules of the Board, including time sheets for instructors to verify compliance with

21 NCAC 06F .0104.

(b) A school shall not refuse to submit any required records or reports due to a dispute or unfulfilled obligation with a

student, instructor, or third party.

History Note: Authority G.S. 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. September 1, 2009; June 1, 2008; May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0112 ENROLLMENT STANDARDS

History Note: Authority G.S. 86A-22; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06F .0113 STUDENT PERMIT

(a) The barber school shall submit an application as required by 21 NCAC 06N .0104 for a student permit to the Board at an

address listed in 21 NCAC 06A .0102.

(b) The Board shall issue the student permit within:

(1) Five business days for applications submitted online; or

(2) Ten calendar days for applications submitted by mail or in person.

(c) A student cannot be enrolled in the school until the Board issues the student permit. The student shall receive no credit for

training received in barber school until a student permit has been issued for the student.

(d) Within five business days of the date on which any student completes his or her course of study, drops out of school, or

transfers to another school, the barber school shall return the student permit to the Board.

(e) The Board issues a student permit only for the specific application. Once a student permit is issued, the Board shall not

refund the fee.

History Note: Authority G.S. 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; May 1, 1989; March 1, 1983;

Readopted Eff. July 1, 2016;

Amended Eff. April 1, 2019.

21 NCAC 06F .0114 SIGNATURES ON REPORTS

History Note: Authority G.S. 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. December 1, 1994; May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06F .0115 PHYSICIAN'S CERTIFICATE

History Note: Authority G.S. 86A-22(3);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06F .0116 STUDENTS WITH CRIMINAL RECORDS

Prior to enrollment and the acceptance of any enrollment fee or tuition, the barber school shall notify the applicant of the

statutes regarding criminal convictions in G.S. 86A-18 and G.S. 93B-8.1 and have the applicant sign and date the notice

indicating that the applicant has been so informed.

History Note: Authority G.S. 86A-18; 86A-22; 93B-8.1;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Amended Eff. September 1, 2013; April 1, 2010; May 1, 1989;

Readopted Eff. October 1, 2016.

21 NCAC 06F .0117 PENAL INSTITUTIONS

History Note: Authority G.S. 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06F .0118 FEES

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. July 1, 2016.

21 NCAC 06F .0119 INTRASTATE TRANSFERS

Students attending barber schools that qualify under Chapter 86A of the North Carolina General Statutes and the rules in this

Subchapter may transfer from one school to another and receive credit for the attendance at each of the schools where the

student was enrolled.

History Note: Authority G.S. 86A-22(5);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989; March 1, 1983;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0120 BARBER SCHOOL CURRICULA

(a) The following categories and courses shall comprise the minimum course work for all students at barber schools:

Hours

Classroom Lecture and Study Periods:

Hygiene and Good Grooming, Professional Ethics 25

Bacteriology, Sterilization, Sanitation 50

Implements, Honing, Stropping, and Shaving 30

Men's Haircutting 20

Cutting and Styling Curly Hair, Mustaches, and Beards 10

Shampooing and Rinsing, Scalp and Hair Treatments 10

Theory of Massage and Facial Treatments 5

Men's Razor Cutting, Women's Razor, and Shear Cutting 30

Finger Waving Men's Hair, Air Waving, and Curling Iron Techniques 5

Permanent Waving For Men, Chemical Hair Relaxing, and Blow Drying 25

Hair Coloring 10

Men's Hair Pieces 5

The Skin, Scalp, and Hair 30

Disorders of the Skin, Scalp, and Hair 15

Anatomy and Physiology 10

Electricity Therapy, Light Therapy, and Chemistry 10

Barber Styling, Shop Management, and Product Knowledge 70

Licensing Laws and Rules and History of Barbering 20

Supervised Practice in Barbering:

Shampooing and Scientific Hair and Scalp Treatments 55

Shaving 50

Tapered Hair Cutting 250

Hair Styling of Men and Women 400

Facials, Massages, and Packs 10

Bleaching, Frosting, Hair Coloring, and Body Permanents 90

Cutting and Fitting Hair Pieces 5

Hair Straightening 5

The Analyzing and Treatment of Hair and Skin Disorders 10

Lectures and Demonstrations on Practical Work:

Shampooing and Scientific Hair and Scalp Treatments 15

Shaving 20

Tapered Hair Cutting 70

Hair Styling of Men and Women 100

Facials, Massages, and Packs 5

Bleaching, Frosting, Hair Coloring, and Permanent Waving 30

Cutting and Fitting Hair Pieces 5

Hair Straightening 3

The Analyzing and Treating of Hair and Skin Disorders 10

Men's and Women's Razor Cutting 15

Total Hours 1528

(b) All barber schools shall use course books and training materials specifically created for the purpose of teaching barbering

skills. Unless the course book or training material has separate and distinct sections covering the practice of barbering,

cosmetology course books and training materials are not acceptable.

History Note: Authority G.S. 86A-22(1); 86A-22(4);

Eff. March 1, 1983;

Amended Eff. June 1, 2008; May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0121 PENAL INSTITUTIONS

(a) The Board may enter into memoranda of understanding or other agreements with the North Carolina Department of Public

Safety, Division of Adult Correction and Juvenile Justice for the approval of schools of barbering at penal institutions within

North Carolina.

(b) Schools operated by the Division of Adult Correction and Juvenile Justice shall comply with all rules in this Subchapter;

however, they are exempt from the requirements of Rule .0101(7) and (11) of this Section.

History Note: Authority G.S. 86A-22;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0122 UNIFORMS AND IDENTIFICATION

All students shall wear a clean, washable uniform, smock, or similar professional attire along with a nametag at all times

during instructional hours.

History Note: Authority G.S. 86A-22;

Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0123 RECORDS OF STUDENT HOURS

Each student shall use an electronic means to record instructional hours pursuant to .0124 of this Section. The school shall

maintain student time data for one year following the individual student's graduation, transfer to another school, or termination

of enrollment. Individual student time data shall be available for review by the Board.

History Note: Authority G.S. 86A-22;

Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0124 STUDENT HOURS

(a) No student shall be given credit for more than eight total hours during any instruction day.

(b) Students shall record their start time by electronic means upon entering the school for practical or theory hours. Students

shall not record any period of break from instruction, even if remaining on school premises.

(c) In meeting the minimum course work and designated barber school curricula required by Rule .0120 of this Section, no

student shall be given credit for more than eight hours per month and 40 hours for the duration of enrollment in the school that

were obtained by instruction or demonstration off school premises or from a field trip.

History Note: Authority G.S. 86A-22;

Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0125 SCHOOL HANDBOOKS AND ENROLLMENT AGREEMENTS

(a) Every school shall provide a school handbook to its students upon enrollment containing the enrollment agreement, tuition

fee schedule, any monetary penalties and fees, reimbursement policies, school rules and regulations, tardiness and absenteeism

policies, a syllabus or list of the school curricula containing the minimum hours for each subject matter to be taught in

accordance with Rule .0120 of this Section, and the grading system for said curricula.

(b) A copy of the school handbook shall be submitted to the Board. An updated copy of the handbook shall be re-submitted

to the Board following any amendment or revision.

History Note: Authority G.S. 86A-22;

Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

21 NCAC 06F .0126 EXTENDED EDUCATION

For the purposes of this Rule, "extended education" is additional coursework beyond the 1,528 hours required to complete

barber school, or to initially obtain a license from the North Carolina Board of Barber Examiners.

(1) When a barber school wishes to provide extended education, the school shall:

(a) Submit a proposed curriculum or syllabus that:

(i) describes the purpose of the instruction;

(ii) indicates how many students are expected to participate in the instruction;

(iii) states where the instruction would be provided; and

(iv) states how many hours of instruction are required or will be provided in the course of

instruction;

(b) Identify the instructors providing the instruction; and

(c) Submit samples of the advertising or promotion for the program.

(2) After the instruction has been approved, the barber school shall notify the Board if there are any changes to

the instruction, including suspension or discontinuation the class.

(3) Upon approval, the course offering shall be subject to review of the barber school by the Board inspector.

The inspector shall evaluate:

(a) Whether the school maintains accurate records as to the individuals in the class and the number of

hours in the class;

(b) The presentation of the class;

(c) Whether the class is offered in classrooms for practical and academic instruction that meet the

requirements of Rule .0101 of this Section; and

(d) Whether the class complies with the requirements of other barber school instruction.

History Note: Authority G.S. 86A-1; 86A-22;

Eff. July 1, 2016.

21 NCAC 06F .0127 STATE AUTHORIZATION AS A POSTSECONDARY INSTITUTION

(a) If a barber school seeks to be authorized by the Board as a postsecondary educational institution as set forth in 34 C.F.R.

600.9:

(1) the school handbooks and enrollment agreements required by 21 NCAC 06F .0125 shall require

prospective students to have a high school diploma or equivalent; and

(2) the school shall submit a copy of the student's high school diploma or equivalency documentation with each

Form BAR-3 required by 21 NCAC 06N .0104 as set forth in 21 NCAC 06F .0113.

(b) If a barber school meets the requirements set forth in Paragraph (a) of this Rule, the Board shall include the phrase

"Postsecondary Institution" on the barber school permit issued under G.S. 86A-13. If the school already holds a school permit

issued by the Board, the Board shall issue the permit with the phrase "Postsecondary Institution" at no additional cost, and the

school shall relinquish the permit without the phrase to the Board.

(c) The Board shall determine that a school no longer complies with Paragraph (a) based on an inspection or investigation,

notification to the Board by the school, or a failure by the school to comply with Paragraph (a)(2) of this Rule. If the Board

makes this determination:

(1) the Board shall issue at no charge a duplicate copy of the permit without the phrase "Postsecondary

Institution";

(2) the school shall relinquish to the Board the permit with the phrase "Postsecondary Institution"; and

(3) the Board shall notify the federal Department of Education of the school's change in postsecondary status.

(d) This Rule shall not be construed to authorize the Board to delay issuing a permit without the phrase "Postsecondary

Institution" to a school that otherwise meets the requirements of the North Carolina General Statutes and the rules of the

Board.

History Note: Authority G.S. 86A-13; 86A-22; 20 U.S.C. 1001; 20 U.S.C. 1002; 34 C.F.R. 600.9;

Eff. January 1, 2017;

Amended Eff. April 1, 2019.

SUBCHAPTER 6G - BARBER SCHOOL INSTRUCTORS

21 NCAC 06G .0101 EXPERIENCE

21 NCAC 06G .0102 APPLICATION

History Note: Authority G.S. 86A-22(2); 86A-23(a); 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06G .0103 INSTRUCTOR EXAMINATION

(a) A prospective instructor of barbering shall make a grade of at least 80 percent on both parts (written and practical) of the

instructor's examination before being certified.

(b) If any applicant to be licensed as a barber school instructor fails one portion of the examination, but passes the other

portion, he or she may take and pass the failed portion within six months of the notification of failure. If the failed portion is

not passed within six months of the notification of failure, the applicant shall take all parts of the examination again.

History Note: Authority G.S. 86A-23;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989; March 1, 1983;

Readopted Eff. July 1, 2016.

21 NCAC 06G .0104 PERMISSION TO INSTRUCT

21 NCAC 06G .0105 STUDENT-INSTRUCTOR RATIO

History Note: Legislative Objection Lodged (.0004) Eff. March 7, 1983;

Statutory Authority G.S. 86A-22; 86A-23; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06G .0106 INSTRUCTOR APPLICATION

To become a registered barber instructor an applicant shall furnish the Board with the Form BAR-6 as set forth in 21 NCAC

06N .0107 and pay the fee in 21 NCAC 06N .0101(a)(11).

History Note: Authority G.S. 86A-23(a); 86A-25;

Eff. October 1, 2016.

SUBCHAPTER 06H - BARBER SCHOOL OWNERS AND MANAGERS

SECTION .0100 – BARBER SCHOOL OWNERS AND MANAGERS

21 NCAC 06H .0101 DUTIES AND RESPONSIBILITIES

(a) Barber school managers shall:

(1) file for a school permit at least 30 days before opening the school for business;

(2) ensure that all students are instructed;

(3) ensure compliance with the North Carolina General Statutes governing barber schools and barbering and

the administrative rules of the Board.

(b) A barber school manager shall have 30 days to fill a vacancy to ensure compliance with G.S. 86A-22(2).

(c) Managers of schools that are organized as nonprofits, have obtained a determination from the Internal Revenue Service

recognizing their tax-exempt status, and wish to have the lower number of instructors allowed under G.S. 86A-22 shall

provide to the Board a copy of the Internal Revenue Service determination before offering instruction with the reduced

number of instructors.

History Note: Authority G.S. 86A-13; 86A-15; 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. September 1, 2013; June 1, 2008; May 1, 1989; March 1, 1983;

Readopted Eff. July 1, 2016.

21 NCAC 06H .0102 STUDENT-INSTRUCTOR RATIO

History Note: Authority G.S. 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. February 1, 1996; May 1, 1989;

Repealed Eff. August 1, 2016.

SUBCHAPTER 06I - OUT-OF-STATE TRANSFERS

21 NCAC 06I .0101 CREDIT FOR OUT-OF-STATE TRAINING

The Board may grant a student credit hours for training in a barber school in another state if the Board determines that:

(1) the school is accredited by the National Accrediting Commission of Career Arts and Sciences;

(2) if required by the state in which the school is located, the school has a current license; and

(3) based on a certified transcript submitted by the student, the hours are for topics set forth in 21 NCAC 06F

.0120(a).

History Note: Authority G.S. 86A-15(b);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. October 1, 2016.

21 NCAC 06I .0102 CREDIT

21 NCAC 06I .0103 ATTENDANCE

21 NCAC 06I .0104 FULL-TIME ATTENDANCE

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Repealed Eff. February 8, 1978.

21 NCAC 06I .0105 APPRENTICE BARBER

A student who has trained in another state may take the examination to become a registered apprentice barber provided:

(1) his or her hours of training in the out-of-state barber school have been credited under 21 NCAC 06I .0101;

(2) he or she completes and furnishes to the Board the Form BAR-4 that meets the requirements of 21 NCAC

06N .0105; and

(3) he or she pays the required fee in 21 NCAC 06N .0101(a)(5).

History Note: Authority G.S. 86A-5; 86A-18; 86A-24; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Amended Eff. September 1, 2013; June 1, 2008; May 1, 1989;

Readopted Eff. October 1, 2016;

Amended Eff. April 1, 2017.

SUBCHAPTER 06J - APPRENTICE BARBERS

21 NCAC 06J .0101 REGISTERED APPRENTICE

A registered apprentice shall:

(1) attend an approved barber school for a period of at least 1528 hours as set forth in 21 NCAC 06F .0120;

(2) furnish the Board with the Form BAR-4 as set forth in 21 NCAC 06N .0105 and pay the fee according to

21 NCAC 06N .0101(a)(5); and

(3) make a score of at least 70 percent on both a written and practical apprentice examination.

History Note: Authority G.S. 86A-3; 86A-10; 86A-24; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Amended Eff. September 1, 2013; June 1, 2008; May 1, 1989;

Readopted Eff. October 1, 2016.

21 NCAC 06J .0102 FORFEITURE OF FEE

21 NCAC 06J .0103 RENEWAL AS REGISTERED APPRENTICE; WAIVER

History Note: Authority G.S. 86A-24; 86A-25; 93B-15;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. April 1, 2010; February 1, 1996; December 1, 1994; May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06J .0104 CERTIFICATE ADDRESSES

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Repealed Eff. February 8, 1978.

21 NCAC 06J .0105 PHYSICIAN'S CERTIFICATE

History Note: Authority G.S. 86A-22(3);

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06J .0106 STUDENT PERMISSION TO BARBER

History Note: Authority G.S. 86A-11;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06J .0107 VALIDITY OF PHYSICIAN'S CERTIFICATE

History Note: Authority G.S. 86A-22(3);

Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06J .0108 EXAMINATION

If any applicant to be licensed as an apprentice barber fails either the written or practical portion of the examination, he or she

shall take and pass the failed portion within six months of the notification of failure. If the failed portion is not passed within

six months of the notification of failure, the applicant shall take both portions of the examination again.

History Note: Authority G.S. 86A-24;

Eff. March 1, 1983;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06J .0109 IDENTIFICATION

All apprentice barbers and student barbers with temporary permits shall maintain their license as defined in 21 NCAC 06P

.0103(7) in their possession at all times while performing barbering services. The individual shall produce the identification

to the Board's Executive Director or inspector upon request.

History Note: Authority G.S. 86A-1; 86A-10;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016.

21 NCAC 06J .0110 NOTIFICATION OF ADDRESS CHANGE

All apprentice barbers and student barbers with temporary permits shall notify the Board within 60 days of any change in their

permanent mailing address.

History Note: Authority G.S. 86A-11; 86A-24;

Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

SUBCHAPTER 06K - REGISTERED BARBER

SECTION.0100 – REGISTERED BARBER

21 NCAC 06K .0101 REGISTERED BARBER

To become a registered barber, an applicant shall:

(1) meet the qualifications in G.S. 86A-3;

(2) furnish the Board with Form BAR-5 as set forth in 21 NCAC 06N .0106 and pay the fee according to 21

NCAC 06N .0101; and

(3) make a score of at least 70 percent on the clinical portion of the registered barber examination.

History Note: Authority G.S. 86A-3; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. June 1, 2008; May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06K .0102 CERTIFICATE OF REGISTRATION

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Repealed Eff. February 8, 1978.

21 NCAC 06K .0103 FORFEITURE OF FEE

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. February 1, 1996; December 1, 1994; May 1, 1989;

Repealed Eff. July 1, 2016.

21 NCAC 06K .0104 OUT-OF-STATE APPLICANTS

An applicant who is licensed as a barber in another state and who wants to apply to become registered as a barber in this State

shall establish his or her out-of-state license and experience and provide:

(1) the Form BAR-8 as set forth in 21 NCAC 06N .0109 and the required fee as set forth in 21 NCAC 06N

.0101(a)(21); and

(2) a certified statement from the applicant's out-of-state Board stating the following:

(a) the applicant's length of licensure in that state;

(b) whether such licensure has been continuous or has been interrupted by periods when the applicant

was not licensed in the state;

(c) the reasons for any such interruptions in licensure; and

(d) whether or not there have been any disciplinary actions against the applicant's license.

History Note: Authority G.S. 86A-12; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Amended Eff. September 1, 2013; May 1, 1989;

Readopted Eff. October 1, 2016.

21 NCAC 06K .0105 IN-STATE APPRENTICE REQUIREMENTS

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06K .0106 PERMISSION TO WORK

21 NCAC 06K .0107 BARBER DEMONSTRATIONS

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Repealed Eff. February 8, 1978.

21 NCAC 06K .0108 OUT-OF-STATE APPLICANTS

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. March 1, 1983.

21 NCAC 06K .0109 ACCEPTANCE

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Repealed Eff. May 1, 1989.

21 NCAC 06K .0110 IDENTIFICATION

All registered barbers shall maintain their permit as defined in 21 NCAC 06P .0103(7) in their possession at all times while

performing barbering services. The individual shall produce the identification to the Board's Executive Director or inspector

upon request.

History Note: Authority G.S. 86A-1; 86A-10;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016.

21 NCAC 06K .0111 NOTIFICATION OF CHANGE OF ADDRESS

All registered barbers shall notify the Board within 60 days of any change in their permanent mailing address.

History Note: Authority G.S. 86A-5; 86A-10; 86A-21;

Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

21 NCAC 06K .0112 APPLICANTS WITH MILITARY TRAINING AND EXPERTISE

(a) Except for individuals who want to apply under G.S. 86A-12 for licensure as a registered barber, an individual who has

military training and expertise and wants to apply to become a registered barber in this State shall:

(1) meet the requirements of G.S. 93B-15.1(a) or (a2); and

(2) submit the Form BAR-11 as set forth in 21 NCAC 06N .0112.

(b) The applicant shall submit with the Form BAR-11 a certification letter from the applicant's out-of-state agency of the

applicant's licensure in that state if the following apply:

(1) the applicant has been licensed in another state;

(2) the applicant wants to be licensed without examination;

(3) the military service records do not show that the applicant received at least 1,500 hours of military training

and that the applicant practiced at least two of the five years preceding the date of application; and

(4) the combination of the certification letter and the military service records show that the applicant received

at least 1,500 hours of training and practiced at least two of the five years preceding the date of application.

(c) If the applicant meets the requirements in Paragraph (a) of this Rule and G.S. 93B-15.1(a2), the applicant shall:

(1) submit the fee as set forth in 21 NCAC 06N .0101(a)(4); and

(2) make a score of at least 70 percent on the clinical examination.

(d) After being approved under this Rule, the applicant shall submit the following fee:

(1) if the applicant meets the requirements of this Rule for licensure without examination, the fee as set forth in

21 NCAC 06N .0101(a)(21); or

(2) if the applicant meets the requirements of Paragraph (c) of this Rule, the fee as set forth in 21 NCAC 06N

.0101(a)(1).

(e) The Board shall issue a temporary permit for the applicant to work as a registered barber while he or she complies with

the requirements of this Rule under the following circumstances:

(1) if the applicant has submitted the Form BAR-11 and part of the documentation required by 21 NCAC 06N

.0112(a)(2), and this partial documentation establishes that he or she served in the military and has

certification or experience in barbering, the Board shall issue a temporary permit that lasts 90 days or until

the Board denies the application, whichever is earlier; or

(2) if the applicant is required to take the practical examination and has met the requirements in Paragraph (a)

and Subparagraph (c)(1) of this Rule, the Board shall issue a temporary permit that last 90 days or until the

Board denies the application, whichever is earlier. Upon written request by the applicant, this temporary

permit shall be extended for 90 days no more than twice, unless the Board denies the application.

History Note: Authority G.S. 86A-1; 86A-11; 86A-12; 86A-25; 93B-15.1;

Eff. April 1, 2017.

21 NCAC 06K .0113 MILITARY SPOUSES

(a) An individual who is currently licensed as a barber in another state, is the spouse of a person serving in the military, and

wants to apply to become a registered barber in this State shall provide the following, unless he or she wants to apply under

another provision in G.S. 86A for licensure as a registered barber:

(1) the Form BAR-12 as set forth in 21 NCAC 06N .0113; and

(2) a certification letter from the applicant's out-of-state agency of the applicant's licensure in that state.

(b) The applicant shall instead apply for out-of-state licensure under G.S. 86A-12 and Rule .0104 of this Section if the

certification letter required by Subparagraph (a)(2) of this Rule does not show that the applicant:

(1) completed at least 1,500 hours of barber school training; and

(2) has been licensed as a barber for at least one of the five years preceding the date of application.

(c) After being approved under this Rule, the applicant shall submit the fee set forth in 21 NCAC 06N .0101(a)(21).

(d) Upon request by the applicant, the Board shall issue one temporary permit for the applicant to work as a registered barber

for 90 days while the applicant gathers the documents required by this Rule.

History Note: Authority G.S. 86A-1; 86A-3; 86A-11; 86A-12; 86A-25; 93B-15.1;

Eff. April 1, 2017.

SUBCHAPTER 6L - BARBER SHOPS

21 NCAC 06L .0101 RESIDENTIAL BUILDING

History Note: Authority G.S. 86A-25;

Eff. February 1, 1976;

Repealed Eff. February 8, 1978.

21 NCAC 06L .0102 MEASUREMENTS OF BARBER SHOP

(a) Each barber shop shall be a minimum of 196 square feet measured from the inside walls of the shop, not including

common areas shared with other businesses or residents.

(b) Each chair shall be located in an area where there is no less than eight linear feet from front wall to back wall, measured

through the center of the chair, with the back wall being the wall or plane to which the backstand is affixed. There shall be a

minimum of five linear feet of space between each barber chair, from center to center of each chair and there shall be no less

than three linear feet from the center of any chair to any side wall. There shall be an unobstructed aisle in front of each chair

of no less than four feet.

(c) Paragraphs (a) and (b) apply to barber shops permitted on or after December 1, 1994 or that undergo modification or

structural renovations on or after that date.

(d) Barber shops permitted prior to February 1, 1976, shall be a minimum of 12 feet in width and 14 feet in length.

(e) Barber shops permitted between February 1, 1976 and November 30, 1994 shall be a minimum of 14 feet in width and 14

feet in length.

(f) Barber shops permitted within the North Carolina Department of Public Safety, Division of Adult Correction and Juvenile

Justice prior to July 1, 2010 are exempt from the requirements of this Rule.

History Note: Authority G.S. 86A-15;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. September 1, 2009; June 1, 2008; December 1, 1994; May 1, 1989;

Readopted Eff. July 1, 2016;

Amended Eff. April 1, 2017.

21 NCAC 06L .0103 EQUIPMENT

(a) Each barber shall have a cabinet for barbering equipment. The cabinets shall be constructed of material that may be

cleaned.

(b) Each shop shall have smooth finished walls and floors, with no exposed pipes.

(c) Each barber chair shall be covered with a smooth, non-porous surface, such as vinyl or leather, which is easily cleaned as

required by G.S. 86A-15(a)(2)(c).

(d) Each shop shall have within the shop or building functioning toilet facilities for employees and patrons.

(e) Each barber shop shall have a cabinet, or other method of storage, such that clean towels are stored separate from used

towels.

(f) In addition to the requirements of Paragraph (d) of this Rule, barber shops that are permitted on or after January 1, 1995 or

undergo structural renovations after that date, shall have within the shop or building a hand-washing sink or lavatory for

patrons with hot and cold water, soap, and disposable towels.

(g) Where a barber shop is located within a shop licensed by the North Carolina Board of Cosmetic Art Examiners, the toilet

facility and sink may be shared with the cosmetology shop.

(h) Paragraphs (a), (d), and (f) of this Rule do not apply to barber shops operated by the North Carolina Department of Public

Safety, Division of Adult Correction and Juvenile Justice.

(i) All equipment and tools used in the practice of barbering as set forth in G.S. 86A-2 shall be suitable for the safe cutting of

hair and shall be maintained in a sanitary and good operating condition as required by G.S. 86A-15(a)(2).

History Note: Authority G.S. 86A-2; 86A-15;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. September 1, 2013; September 1, 2009; June 1, 2008; January 1, 1995; May 1,

1989; March 1, 1983;

Readopted Eff. July 1, 2016;

Amended Eff. April 1, 2018.

21 NCAC 06L .0104 SHOP PERMITS

(a) All applications for shop permits shall be on file in the office of the Board 15 days prior to the date when a shop will be

complete and ready for inspection. Applications shall meet the requirements of 21 NCAC 06N .0102.

(b) If the shop is not ready for inspection on a scheduled date, the owner or manager shall notify the Board.

(c) Failure to notify the Board of a change of address shall result in forfeiture of the inspection fee.

History Note: Authority G.S. 86A-1; 86A-13;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989; March 1, 1983;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0105 FEES

The Board shall inspect all newly established or reopened barber shops before issuing a permit. The barber shop shall submit

the fee established by 21 NCAC 06N .0101(a)(19) for inspection when submitting the application for a shop permit.

History Note: Authority G.S. 86A-1; 86A-13; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0106 SEPARATION FROM OTHER BUSINESSES; RESIDENTIAL SHOPS; MOBILE HOMES

(a) When a building or room is used for both a barber shop and for some other business and the building or room does not

have air conditioning, ventilation, or heat outlets, or air circulation, the required partition between the shop and the other

business may be completed from the floor up to a minimum of six feet with material from six feet to the ceiling that permits

good air circulation.

(b) Notwithstanding Paragraph (a) of this Rule and 21 NCAC 06L .0102, when a barber shop is located within a shop

licensed by the North Carolina Board of Cosmetic Art Examiners and was permitted on or after January 1, 1995, or undergoes

modifications or structural renovations after that date, the area where the barber chair or chairs are located shall comply with

the sanitary regulations in G.S. 86A-15(a) and this Subchapter not inconsistent with this Rule.

(c) A barber shop permitted on or after July 1, 2008 that operates in a residential building shall maintain a separate entrance

that shall not open off the living quarters, and shall not have any doors or openings leading to the living quarters that are

unlocked during business hours. Entrance through garages or any other rooms is not permitted.

(d) The toilet facilities or any sink in the living quarters of any residence shall not be considered to comply with the toilet

facility and sink requirements in 21 NCAC 06L .0103 or the sink distance requirement in 21 NCAC 06L .0107.

(e) For barber shops permitted on or after July 1, 2008, mobile homes, motor homes, trailers or any type of recreational

vehicle shall be permanently affixed so they cannot be moved. Any such structure approved for a barber shop shall maintain a

separate entrance that shall not open off the living quarters, and shall not have any doors or openings to the living quarters that

are unlocked during business hours.

History Note: Authority G.S. 86A-15;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. April 1, 2010; June 1, 2008; January 1, 1995; May 1, 1989; March 1, 1983;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0107 LAVATORY

(a) Each barber shop permitted before January 1, 1995 that is not modified or structurally renovated after that date shall have

for each barber a functioning sink with hot and cold water, located at a convenient place as required by G.S. 86A-15(a)(1)(d).

(b) For barber shops permitted on or after January 1, 1995 or that undergo modifications or structural renovation after that

date, a sink shall be located within seven unobstructed linear feet of each barber chair.

History Note: Authority G.S. 86A-15;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. June 1, 2008; January 1, 1995; May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0108 MOVED SHOP

History Note: Authority G.S. 86A-1; 86A-15;

Eff. March 1, 1983;

Amended Eff. September 1, 2009;

Repealed Eff. July 1, 2016.

21 NCAC 06L .0109 COMMERCIAL CHEMICALS

(a) No person, shop, or school licensed or registered under Chapter 86A of the North Carolina General Statutes shall use any

commercial chemical in the practice of barbering unless the commercial chemical is received with a list of all contents and

instructions for its use.

(b) For the purposes of this Rule, "commercial chemical" is defined in G.S. 86A-5(b)(1).

History Note: Authority G.S. 86A-5;

Eff. March 1, 1983;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0110 SANITARY CONDITION RATING

History Note: Legislative Objection Lodged Eff. March 7, 1983;

Statutory Authority G.S. 86A-15(b);

Eff. March 1, 1983;

Repealed Eff. May 1, 1989.

21 NCAC 06L .0111 WHERE BARBER SERVICES MAY BE PERFORMED

(a) Except as provided in this Rule, all barber services as defined in G.S. 86A-2 shall only be performed at a location

permitted by the Board as a barber shop.

(b) A registered barber may perform barbering services in a client's home, and the home shall be exempt from the inspection

requirements of G.S. 86A-15(b), under the following conditions:

(1) The client upon whom barber services are being performed is unable, due to a medical necessity, to come

to a licensed barber shop;

(2) The licensed barber maintains a log of each instance where this exemption is used, including the name of

the client, address of the home where the services were performed, the date services were performed, and

the medical necessity requiring that barber services be provided in the home. The log shall be made

available to the Board and its inspectors for; review and

(3) The licensed barber otherwise complies with G.S. 86A-15(a).

(c) For purposes of this Rule, a "client's home" includes the client's residence, nursing homes, rest homes, retirement homes,

mental health institutions, and similar institutions where the client has established permanent residency.

History Note: Authority G.S. 86A-15(c);

Eff. June 1, 2008;

Amended Eff. April 1, 2010;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0112 RENTED BOOTH SPACE

(a) Where a barber shop rents or leases space to a barber, the Board shall hold the barbershop manager and licensee

responsible for the barbering services performed in the rented or leased space and for the sanitary conditions of the rented or

leased space.

(b) The Board's inspectors shall examine the entire premises of each shop irrespective of booth space allotments.

History Note: Authority G.S. 86A-15;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0113 DISEASES

(a) No holder of a registered barber, apprentice, or student barber permit shall serve a patron:

(1) with an open sore or sores;

(2) exhibiting symptoms of an infectious dermatologic disease or disorder;

(3) with parasitic infestations of the skin or hair; or

(4) with a communicable disease.

(b) No holder of a registered barber, apprentice, or student barber permit who knows he or she has an infectious dermatologic

disease that can be spread by providing barbering services, infectious disease with open sore or sores on the hand or hands, or

parasitic infestation of the skin or hair in a communicable stage or any other communicable disease shall provide barber

service in a barber shop or, when authorized by Rule .0111 of this Section, in a client's home.

(c) The Board shall have the right to require a physical examination of any barber employed in any barber shop who is

suspected of having an infectious dermatologic disease, infectious disease with open sore or sores on the hand or hands, or

parasitic infestation of the skin or hair in a communicable stage.

History Note: Authority G.S. 86A-15;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0114 PETS PROHIBITED

With the exception of trained guide or assistance animals, no animals shall be permitted in a barber shop.

History Note: Authority G.S. 86A-15;

Eff. June 1, 2008;

Amended Eff. September 1, 2013;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0115 INSPECTIONS OF SHOPS

(a) The Board's Executive Director and its inspectors may enter and make inspections of any shop during its business hours

for the purpose of determining whether or not G.S. 86A and the Board's administrative rules are being followed. Persons

authorized to make an inspection of shops shall prepare a report according to Rule .0119 of this Section. The report shall be

signed by the inspector and shall be available free of charge upon request by the owner or manager or any member of the

public. The copy of any violation notice shall be left with the owner or manager, and retained within the barbering area until

the violation is resolved with the Board.

(b) The Board's Executive Director and its inspectors may inspect all areas of the shop, including the backstand and its

drawers and cabinets, and any other drawers, closets or other enclosures within the permitted shop.

(c) The Board's Executive Director and its inspectors may determine and assign numerical and letter sanitary grades to a shop

following inspections as set forth in Rules .0118 and .0119 of this Section. The grade shall be displayed in a place visible to

the public at the front of the shop.

History Note: Authority G.S. 86A-5(a)(1); 86A-15;

Eff. June 1, 2008;

Amended Eff. April 1, 2010;

Readopted Eff. July 1, 2016;

Amended Eff. January 1, 2017.

21 NCAC 06L .0116 BARBER SHOP MANAGERS

(a) All barber shop managers shall verify that any licensee employed in the barber shop is the person whose name appears on

the license or permit prior to allowing the licensee to perform barbering services in the shop. This verification shall be based

on government issued identification.

(b) The shop manager is responsible for the sanitary condition, as defined in 21 NCAC 06P .0103(10), of the entire shop.

(c) The barber shop manager is accountable for activities at the shop whether present on the premises or not.

History Note: Authority G.S. 86A-15; 86A-22;

Eff. June 1, 2008;

Amended Eff. April 1, 2010;

Readopted Eff. July 1, 2016;

Amended Eff. January 1, 2018.

21 NCAC 06L .0117 GENERAL SANITATION

All barber shops shall remain free of any signs of rodents, vermin, insects, mold, mildew, or water damage.

History Note: Authority G.S. 86A-15;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016.

21 NCAC 06L .0118 SANITARY RATINGS AND POSTING OF RATINGS

(a) The sanitary rating of a barber shop shall be based on a system of grading outlined in 21 NCAC 06L .0119. Based on the

grading, all establishments shall be rated in the following manner:

(1) all establishments receiving a sanitary rating of at least 90 percent shall be awarded a grade A;

(2) all establishments receiving a sanitary rating of at least 80 percent, and less than 90 percent, shall be

awarded a grade B; and

(3) a sanitary rating of less than 80 percent shall be awarded a failing grade.

(b) Every barber shop shall be given a sanitary rating.

(c) The sanitary rating of A, B, or failing given to a barber shop establishment shall be posted in a conspicuous place, defined

as a place easily seen by the public at the front of the shop, at all times.

(d) No newly established barber shop shall be permitted to operate without first having obtained a sanitary rating card with a

grade of not less than 80 percent.

(e) Barber inspectors shall give each barber shop a new sanitary rating card.

(f) A re-inspection for the purpose of raising a failing sanitary rating of a barber shop shall not be given within 30 days.

History Note: Authority G.S. 86A-5(a)(1); 86A-15;

Eff. June 1, 2008;

Amended Eff. September 1, 2013;

Readopted Eff. October 1, 2016.

21 NCAC 06L .0119 SYSTEMS OF GRADING BARBER SHOPS AND BARBER SCHOOLS

The system of grading the sanitary rating of all barber shops and schools shall be as follows, setting forth areas to be

inspected, and the maximum points given for compliance. In cases where barber shops or schools are exempt from specific

rules cross-referenced below, the barber shop or school shall receive the maximum points for that listing:

(1) whether the entrance and waiting area are sanitary 2;

(2) whether there is a water system with hot and cold running water and plumbing or a septic system for

removal of sewage 2;

(3) whether the walls and floors:

(a) comply with 21 NCAC 06F .0101(b)(8) for barber schools or 21 NCAC 06L .0103(b) for barber

shops 9;

(b) are sanitary 7;

(4) whether the barber shop or school is well-lighted and well-ventilated, with sanitary windows, fixtures, and

ventilation surfaces 3;

(5) whether the public toilet or lavatories:

(a) are sanitary and well-ventilated 5;

(b) have soap and individual towels 5;

(c) have hot and cold running water 2;

(6) whether each person working as a barber is sanitary in person and dress 1;

(7) for towels and linens:

(a) whether there is a supply of sanitary towels 2;

(b) whether clean towels are stored separately as set forth in 21 NCAC 06F .0101(b)(12) for barber

schools or 21 NCAC 06L .0103(e) for barber shops 3;

(c) whether barbers have a sanitary hair cloth or cape for clients 1;

(8) whether there is a soiled towel receptacle that meets the requirements set forth in G.S. 86A-15(a)(2)(d)

4;

(9) for tools and instruments:

(a) whether disinfectants used by the barber shop or school are selected from those approved by the

federal Environmental Protection Agency 4;

(b) whether disinfectants are used according to manufacturer instructions 4;

(c) whether all implements are cleaned and disinfected and, when not in use, stored in a tool cabinet

as set forth in 21 NCAC 06F .0101(b)(11) for barber schools or 21 NCAC 06L .0103(a) for

barber shops 8;

(10) for working areas:

(a) whether the work stand is sanitary 3;

(b) whether sinks are sanitary 2;

(c) whether jars and containers are sanitary and disinfected 1;

(d) whether the work area is free from equipment that is unnecessary to provide barbering services,

and whether articles in the work area are sanitary 1;

(11) whether the license, permit, or certificate of registration is current and posted as set forth in G.S. 86A-16

10;

(12) whether the sanitary rules and regulations are posted in a conspicuous place as set forth in G.S. 86A-15(b)

1;

(13) whether there are sterilizing containers and solutions that are used according to manufacturer instructions

20.

History Note: Authority G.S. 86A-5(a)(1); 86A-15; 86A-16;

Eff. June 1, 2008;

Amended Eff. September 1, 2013;

Readopted Eff. October 1, 2016;

Amended Eff. April 1, 2018.

21 NCAC 06L .0120 NOTIFICATION OF CHANGE OF ADDRESS

The barber shop owner or manager shall notify the Board of a change in the barber shop's mailing or, if changed by the United

States Postal Service, the physical address, within five business days of the change.

History Note: Authority G.S. 86A-1;

Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

SUBCHAPTER 06M - BARBERSHOP INSPECTORS

21 NCAC 06M .0101 QUALIFICATIONS

History Note: Authority G.S. 86A-7;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989; March 1, 1983;

Repealed Eff. September 1, 2013.

21 NCAC 06M .0102 DUTIES AND RESPONSIBILITIES

History Note: Authority G.S. 86A-7; 86A-13; 86A-15; 86A-22;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. September 1, 2013; June 1, 2008; December 1, 1994; May 1, 1989; March 1, 1983;

Repealed Eff. July 1, 2016.

SUBCHAPTER 06N – FEES AND FORMS

21 NCAC 06N .0101 FEES, ACCESS TO FORMS, AND RENEWALS

(a) The Board charges the following amounts for the fees authorized by G.S. 86A-25:

(1)Certificate of registration or renewal as a barber

$50.00

(2)Certificate of registration or renewal as an apprentice barber

$50.00

(3)Barbershop permit or renewal

$50.00

(4)Examination to become a registered barber

$85.00

(5)Examination to become a registered apprentice barber

$85.00

(6)Late fee for restoration of an expired barber certificate within first year after expiration

$35.00

(7)Late fee for restoration of an expired barber certificate after first year after expiration but within five years after

expiration $70.00

(8)Late fee for restoration of an expired apprentice certificate within the first year after expiration

$35.00

(9)Late fee for restoration of an expired apprentice certificate after first year after expiration but within three years

of first issuance of the certificate $45.00

(10)Late fee for restoration of an expired barber shop certificate

$45.00

(11)Examination to become a barber school instructor

$165.00

(12)Student permit

$25.00

(13)Issuance of any duplicate copy of a license, certificate, or permit

$10.00

(14)Barber school permit or renewal

$130.00

(15)Late fee for restoration of an expired barber school certificate

$85.00

(16)Barber school instructor certificate or renewal

$85.00

(17)Late fee for restoration of an expired barber school instructor certificate within first year after expiration

$45.00

(18)Late fee for restoration of an expired barber school instructor certificate after first year after expiration but

within three years after expiration $85.00

(19)Inspection of newly established barbershop

$120.00

(20)Inspection of newly established barber school

$220.00

(21)Issuance of a registered barber or apprentice certificate by certification

$120.00

(22) Charge for certified copies of public documents $10.00 for first page, $0.25 per page thereafter

(23) Charge for duplication services and material shall be as set forth in 26 NCAC 01 .0103(a), including any

subsequent amendments and editions of the Rule

(24)Certificate of registration or renewal as a barber for barbers over 70 years of age

$0.00

(25)Administrative fee under G.S. 86A-27(d) for paying any required fee for renewal or restoration, or a civil

penalty and attorney fee, where the apprentice barber or registered barber is subject to a pick-up order

issued to an inspector. $70.00

(b) Except as set forth in Paragraph (c) of this Rule, if an applicant is unable to attend an examination, he or she may request

a refund of the fee. To request the refund, the applicant shall submit a written request to the address listed in 21 NCAC 06A

.0102 at least 10 days before the scheduled examination.

(c) If an applicant submits a request for a refund of examination fees later than 10 days before the scheduled examination, the

Board shall consider the request on a case-by-case basis and only grant the request if the applicant demonstrates good cause

for not complying with Paragraph (b) of this Rule. For the purpose of this Rule, "good cause" means that the applicant could

not have submitted the written request as set forth in Paragraph (b) of this Rule due to circumstances such as illness, injury, or

death in the family.

(d) In the event the Board's authority to expend funds is suspended pursuant to G.S. 93B-2, the Board shall continue to issue

and renew licenses and all fees tendered shall be placed in the escrow account maintained by the Board for this purpose.

(e) The forms set forth in this Subchapter may be obtained on the website or at the address listed in 21 NCAC 06A .0102.

(f) All timely renewals of licenses, permits, or certificates of registration shall be submitted online at the Board's website,

along with any fees required by this Rule.

(g) Barber school permits shall be exempt from the online renewal requirement in Paragraph (f) of this Rule.

(h) Registered barbers, apprentice barbers, barber instructors, or barber shops that are unable to comply with the online

requirement of Paragraph (f) of this Rule may submit the renewal and payment by mail or in person after receiving a waiver

from the Board. This waiver shall be effective only for one renewal period. The Board shall issue a waiver within five

business days after receiving the following:

(1) For registered barbers, apprentice barbers, or barber instructors, a statement from the holder of the license,

permit, or certificate of registration that the individual is not able to renew online; or

(2) For barber shops, a statement from the manager or owner that neither the manager nor owner are able to

renew online.

History Note: Authority G.S. 86A-5; 86A-25; 86A-27(d); 93B-2;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. April 1, 2010; September 1, 2009; June 1, 2008; April 1, 2005; May 1, 1989; March 1,

1983;

Readopted Eff. July 1, 2016;

Amended Eff. February 1, 2019; January 1, 2018; April 1, 2017.

21 NCAC 06N .0102 FORM BAR-1

(a) The Form BAR-1 shall be filed when one applies to open or manage a new barber shop. It requests the following:

(1) the name and address of the shop;

(2) the name, address, and certificate number of the manager;

(3) the name and address of the shop owner;

(4) the physical dimensions of the shop;

(5) for a new or renovated shop, a copy of the certificate of occupancy;

(6) the shop business hours;

(7) the type of fixtures installed; and

(8) the date the shop will be ready for inspection.

(b) The fee required by Rule .0101(a)(19) of this Section shall accompany this form.

(c) The Form BAR-1 shall be notarized.

History Note: Authority G.S. 86A-1; 86A-13; 86A-15; 86A-25; 150B-11;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06N .0103 FORM BAR-2

(a) The Form BAR-2 shall be filed when there is a change of management at any barber shop. It requires the following:

(1) the name, mailing address, and permit number of the barber shop before the change of management;

(2) the name of the barber shop after the change of management, if the barber shop name changes;

(3) the name, address, and certificate number of the new manager or managers;

(4) if the barber shop was closed at the time the Form BAR-2 was submitted, the date of closure; and

(5) the former manager's name and certificate number.

(b) The Form BAR-2 shall be notarized.

History Note: Authority G.S. 86A-1; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. May 1, 1989;

Readopted Eff. October 1, 2016.

21 NCAC 06N .0104 FORM BAR-3

(a) The Form BAR-3 shall be filed for permission to enroll in barber school. It requires the following:

(1) the name, address, social security number, and birth date of the applicant;

(2) the applicant's prior barber school attendance, if any;

(3) the name of the school enrolled;

(4) the date of enrollment; and

(5) the signature of the school manager.

(b) The fee in 21 NCAC 06N .0101(a)(12) shall accompany this form.

History Note: Authority G.S. 86A-18; 86A-22; 86A-25; 93B-14;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. September 1, 2013; May 1, 1989;

Readopted Eff. October 1, 2016.

21 NCAC 06N .0105 FORM BAR-4

(a) The Form BAR-4 shall be filed by one applying to take the examination to receive a registered apprentice certificate. It

requires the following:

(1) the name, address, social security number, and birthdate of the applicant;

(2) the name of any barber school attended and the date of enrollment and graduation; and

(3) the place of proposed employment as an apprentice barber.

(b) The course training certification shall be filled in by the manager of the barber school the applicant last attended.

(c) The fee in Rule .0101(a)(5) of this Section shall be submitted with the application.

(d) The Form BAR-4 shall be notarized.

History Note: Authority G.S. 86A-1; 86A-10; 86A-24; 86A-25; 93B-14;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. September 1, 2013; May 1, 1989;

Readopted Eff. July 1, 2016;

Amended Eff. January 1, 2017.

21 NCAC 06N .0106 FORM BAR-5

(a) The Form BAR-5 shall be filed by one applying to take the examination to receive a registered barber certificate. It

requires the following:

(1) the name, address, social security number, and birthdate of the applicant;

(2) barber school training; and

(3) the length of barbering experience.

(b) The Form BAR-5 shall be notarized.

(c) The fee in 21 NCAC 06N .0101(a)(4) shall accompany this form.

History Note: Authority G.S. 86A-1; 86A-3; 86A-10; 86A-25; 93B-14;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. September 1, 2013; May 1, 1989;

Readopted Eff. October 1, 2016.

21 NCAC 06N .0107 FORM BAR-6

(a) The Form BAR-6 shall be filed by one applying to take an examination as a barber school instructor. It requires the

following:

(1) the name, address, social security number, and birthdate of the applicant;

(2) the current registered certificate number;

(3) the name of barber school attended; and

(4) the proposed place of employment, if any.

(b) The fee in Rule .0101(a)(11) of this Section shall accompany this form.

History Note: Authority G.S. 86A-23; 86A-25; 93B-14;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06N .0108 FORM BAR-7

History Note: Authority G.S. 86A-1; 86A-12; 86A-25;

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Amended Eff. April 6, 1983;

Amended Eff. September 1, 2013; May 1, 1989;

Repealed Eff. October 1, 2016.

21 NCAC 06N .0109 FORM BAR-8

(a) The Form BAR-8 shall be filed by one who has practiced as a barber in a state other than North Carolina for three years or

more and is applying to obtain a certificate as a registered barber in North Carolina. It requires the following:

(1) the name, address, social security number, and birthdate of the applicant;

(2) the name and address of any barber school attended in another state; and

(3) barbering experience and the status of each barber license in another state.

(b) The fee in Rule .0101(a)(21) of this Section shall accompany this form.

(c) The Form BAR-8 shall be notarized.

(d) The Form BAR-8 shall be accompanied by verification from the applicant's out-of-state agency of the applicant's licensure

in that state.

History Note: Authority G.S. 86A-1; 86A-12; 86A-25;

Eff. March 1, 1983;

Legislative Objection Lodged Eff. March 7, 1983;

Curative Eff. April 6, 1983;

Amended Eff. September 1, 2013; May 1, 1989;

Readopted Eff. July 1, 2016;

Amended Eff. January 1, 2017.

21 NCAC 06N .0110 FORM BAR-9

(a) The Form BAR-9 shall be filed when one applies to open a new barber school. It requires the following:

(1) the date the barber school will be ready for the Board inspection;

(2) the name and address of the barber school;

(3) the name and address of the owner;

(4) the name and address of the manager;

(5) the names, instructor certificate numbers, and address of the instructors;

(6) the physical dimensions of the barber school;

(7) the number of barber chairs, tool cabinets, towel cabinets, and lavatories; and

(8) a copy of the bond or alternative to a bond required by G.S. 86A-22(7)(a) or a request for waiver under

G.S. 86A-22(7)(c).

(b) The Form BAR-9 shall be notarized.

(c) The Form BAR-9 shall be accompanied by the fee in 21 NCAC 06N .0101(a)(20).

History Note: Authority G.S. 86A-1; 86A-22;

Eff. March 1, 1983;

Amended Eff. May 1, 1989;

Readopted Eff. August 1, 2016.

21 NCAC 06N .0111 FORM BAR-10

(a) The Form BAR-10 is a report that shall be filed monthly by the manager of the school for each student enrolled in barber

school. It requires the following:

(1) the name of the school submitting the report;

(2) the name and date of enrollment of the student;

(3) the month and year for which the report is filed;

(4) the dates and hours of the student's absences;

(5) the dates and hours of the student's attendance;

(6) the number of patrons served for clinical services; and

(7) the subject matter covered in practical and theory courses.

(b) The Form BAR-10 shall be submitted to the Board over the signature of the manager of the school and co-signed by the

student.

(c) The Form BAR-10 shall be returned to the Board within five business days of the date on which a student completes his or

her course of study, drops out of school, or transfers to another school.

History Note: Authority G.S. 86A-22;

Eff. May 1, 1989;

Readopted Eff. July 1, 2016.

21 NCAC 06N .0112 FORM BAR-11

(a) The Form BAR-11 shall be filed by an individual who has military training and expertise and who wants to apply to

become a registered barber pursuant to 21 NCAC 06K .0112. It requires the following:

(1) the name, address, social security number, and birthdate of the applicant; and

(2) copies of the military service records showing the applicant's military certification and experience in

barbering.

(b) The applicant shall submit with the Form BAR-11 a certification letter from the applicant's out-of-state agency of the

applicant's licensure if the conditions set forth in 21 NCAC 06K .0112(b) apply.

(c) The Form BAR-11 shall be notarized.

History Note: Authority G.S. 86A-1; 86A-12; 93B-14; 93B-15.1;

Eff. May 1, 1989;

Amended Eff. September 1, 2013;

Readopted Eff. July 1, 2016;

Amended Eff. April 1, 2017.

21 NCAC 06N .0113 FORM BAR-12

(a) The Form BAR-12 shall be filed by an individual who has practiced as a barber pursuant to Rule 21 NCAC 06K .0113. It

requires the following:

(1) the name, address, social security number, and birthdate of the applicant; and

(2) copies of the military service records showing that the applicant's spouse is serving in the military, along

with evidence of the marriage, such as a copy of the marriage license.

(b) The applicant shall submit with the Form BAR-12 a certification letter from the applicant's out-of-state agency of the

applicant's licensure.

(c) The Form BAR-12 shall be notarized.

History Note: Authority G.S. 86A-1; 86A-25; 93B-14; 93B-15.1;

Eff. April 1, 2017.

21 NCAC 06N .0114 EXTENSIONS FOR MEMBERS OF THE ARMED FORCES

(a) If an individual is licensed or owns a business licensed under G.S. 86A, is serving in the Armed Forces of the United

States, and has received an extension of time to file a tax return under G.S. 105-249.2, the Board shall waive the following

fees for the same period that would apply if the license fee were a tax:

(1) the late fee for restoration of an expired barber certificate within the first year after expiration as set forth in

21 NCAC 06N .0101(a)(6);

(2) the late fee for restoration of an expired barber certificate after the first year after expiration but within five

years after expiration as set forth in 21 NCAC 06N .0101(a)(7);

(3) the late fee for restoration of an expired apprentice certificate within the first year after expiration as set

forth in 21 NCAC 06N .0101(a)(8);

(4) the late fee for restoration of an expired apprentice certificate after the first year after expiration but within

three years of first issuance of the certificate as set forth in 21 NCAC 06N .0101(a)(9);

(5) if the individual serving in the Armed Forces is the barbershop manager or owner, the late fee for

restoration of an expired barber shop certificate as set forth in 21 NCAC 06N .0101(a)(10);

(6) if the individual serving in the Armed Forces is the barber school manager or owner, the late fee for

restoration of an expired barber school certificate as set forth in 21 NCAC 06N .0101(a)(15);

(7) the late fee for restoration of an expired barber school instructor certificate within the first year after

expiration as set forth in 21 NCAC 06N .0101(a)(17); and

(8) the late fee for restoration of an expired barber school instructor certificate after the first year after

expiration but within three years after expiration as set forth in 21 NCAC 06N .0101(a)(18).

(b) To receive any extension as set forth in Paragraph (a) of this Rule, the individual shall submit the following to the Board

at the address in 21 NCAC 06A .0102:

(1) a written request that states what extension he or she is seeking; and

(2) a copy of the documentation from the North Carolina Department of Revenue granting the extension under

G.S. 105-249.2.

History Note: Authority G.S. 93B-15(a);

Eff. April 1, 2017.

SUBCHAPTER 06O – CIVIL PENALTY

21 NCAC 06O .0101 SCHEDULE OF PENALTIES

The rules in this Subchapter establish the schedule of civil penalties required by G.S. 86A-27(c). The amounts stated are the

presumptive amounts that may be modified in accordance with G.S. 86A-27(b).

History Note: Authority G.S. 86A-5(a)(6); 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0102 LICENSING OF BARBER SHOPS

(a) The presumptive civil penalty for operating a barber shop without first filing an application for a barber shop license,

obtaining an inspection, and obtaining a shop permit:

(1) 1st offense $200.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

(b) The presumptive civil penalty for operating a barber shop with an expired permit:

(1) 1st offense $150.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0103 LICENSING OF BARBER SCHOOLS

(a) The presumptive civil penalty for operating a barber school without first filing an application for a barber school license,

obtaining an inspection, and obtaining a school permit:

(1) 1st offense $200.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

(b) The presumptive civil penalty for operating a barber school with an expired permit:

(1) 1st offense $150.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0104 UNSUPERVISED APPRENTICE

(a) The presumptive civil penalty for a registered barber allowing an apprentice or student barber with a temporary permit to

engage in barbering without supervision as required by G.S 86A-24(b):

(1) 1st offense $300.00

(2) 2nd offense $400.00

(b) The presumptive civil penalty for an apprentice or student barber with a temporary permit engaging in barbering without

supervision as required by G.S. 86A-24(b):

(1) 1st offense $200.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-5(a)(6); 86A-24; 86A-27;

Eff. April 1, 2005;

Amended Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0105 UNLICENSED BARBER

(a) The presumptive civil penalty for a barber shop manager allowing a barber to practice without a license:

(1) 1st offense $300.00

(2) 2nd offense $500.00

(b) The presumptive civil penalty for an individual engaging in barbering without a license:

(1) 1st offense $250.00

(2) 2nd offense $450.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0106 DISPLAY OF CURRENT LICENSE

(a) The presumptive civil penalty for the failure of a barber shop or barber school to display a current shop or school license:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $250.00

(b) The presumptive civil penalty for a barber shop or barber school to allow an individual to perform barbering without

displaying a current license or permit:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $250.00

(c) The presumptive civil penalty for an individual to practice barbering without displaying a current license or permit:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $250.00

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-16; 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0107 FRAUDULENT MISREPRESENTATIONS OR SUBMISSION OF FRAUDULENT

DOCUMENT

The presumptive civil penalty for barbering or attempting to barber by fraudulent misrepresentations or the submission of

fraudulent or false documents in connection with licensing or an application for license as prohibited by G.S. 86A-20: 1st

offense $500.00.

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-20(2); 86A-20(3); 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0108 INSPECTIONS OF SHOPS AND SCHOOLS

The presumptive civil penalty for refusing to permit or preventing the inspection of a barber shop or barber school:

(1) 1st offense $150.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-15(b); 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0109 EXPIRED LICENSE

(a) The presumptive civil penalty for engaging in the practice of barbering with a registered barber certificate that has expired

for more than a six month duration:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $200.00

(b) The presumptive civil penalty for a barber shop manager allowing an individual to engage in the practice of barbering

with a registered barber certificate that has expired for more than a six month duration:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $200.00

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-17(b); 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0110 ADEQUATE PREMISES

(a) The presumptive civil penalty for a school to fail to maintain facilities as required by G.S. 86A-15 and 21 NCAC 06F

.0101, after two written warnings:

(1) 1st offense $250.00

(2) 2nd offense $400.00

(3) 3rd offense $500.00

(b) The presumptive civil penalty for a shop to fail to maintain facilities as required by G.S. 86A-15 and the applicable rules

in 21 NCAC 06L .0102 through .0109, after two written warnings:

(1) 1st offense $250.00

(2) 2nd offense $450.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-5(a)(6); 86A-15; 86A-18(6); 86A-18(7); 86A-22(6); 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0111 SCHOOL INSTRUCTORS

The presumptive civil penalty for a school failing to provide sufficient instructors to meet the student-teacher ratios set forth

in G.S. 86A-22(2):

(1) 1st offense $150.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-5(a)(6); 86A-22(2); 86A-27;

Eff. April 1, 2005;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0112 IDENTIFICATION

(a) The presumptive civil penalty for a barber shop owner or manager failing to positively identify a registered barber,

apprentice, or holder of a temporary permit:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $250.00

(b) The presumptive civil penalty for a registered barber, apprentice, or holder of a temporary permit failing to maintain and

produce a license or permit as defined in 21 NCAC 06P .0103(7):

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $250.00

(c) The presumptive civil penalty for a barber student failing to wear identification as set forth in 21 NCAC 06F .0122:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $250.00

History Note: Authority G.S. 86A-1; 86A-10; 86A-11; 86A-27;

Eff. June 1, 2008;

Amended Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0113 BARBER SHOPS IN RESIDENCES AND MOBILE HOMES

(a) The presumptive civil penalty for operating a barber shop in a residence in violation of 21 NCAC 06L .0106(c):

(1) 1st offense $150.00

(2) 2nd offense $250.00

(3) 3rd offense $500.00

(b) The presumptive civil penalty for operating a barber shop in a mobile home in violation of 21 NCAC 06L .0106(e):

(1) 1st offense $200.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-15; 86A-27;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0114 ANIMALS IN BARBER SHOPS

The presumptive civil penalty for a barber manager allowing an animal in a barber shop in violation of 21 NCAC 06L .0114:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $250.00

History Note: Authority G.S. 86A-15; 85A-27;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0115 SCHOOL FAILING TO MAINTAIN, FALSIFYING, OR FAILING TO SUBMIT

RECORDS

(a) The presumptive civil penalty for a barber school failing to maintain records:

(1) 1st offense $200.00

(2) 2nd offense $250.00

(3) 3rd offense $500.00

(b) The presumptive civil penalty for a barber school falsifying records:

(1) 1st offense $250.00

(2) 2nd offense $400.00

(3) 3rd offense $500.00

(c) The presumptive civil penalty for a barber school failing to submit required records:

(1) 1st offense $200.00

(2) 2nd offense $350.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-22; 86A-27;

Eff. June 1, 2008;

Amended Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0116 UNLICENSED SCHOOL INSTRUCTORS

(a) The presumptive civil penalty for a barber school allowing an individual to instruct without an instructor's certificate:

(1) 1st offense $200.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

(b) The presumptive civil penalty for an individual engaging in instructing without an instructor’s certificate:

(1) 1st offense $150.00

(2) 2nd offense $450.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-22; 86A-23; 86A-27;

Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0117 BARBER FAILING TO MAINTAIN OR PRODUCE EXEMPTION LOG

(a) The presumptive civil penalty for a barber failing to maintain the exemption log required by 21 NCAC 06L .0111:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $250.00

(b) The presumptive civil penalty for a barber failing to produce the exemption log required by 21 NCAC 06L .0111:

(1) 1st offense $100.00

(2) 2nd offense $150.00

(3) 3rd offense $250.00

History Note: Authority G.S. 86A-15(c); 86A-27;

Eff. April, 1, 2010;

Readopted Eff. July 1, 2016.

21 NCAC 06O .0118 UNLICENSED BARBER STUDENT

(a) The presumptive civil penalty for a barber school allowing an individual to receive barber instruction without a barber

student permit:

(1) 1st offense $200.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

(b) The presumptive civil penalty for an individual engaging as a barber student without a barber student permit:

(1) 1st offense $200.00

(2) 2nd offense $300.00

(3) 3rd offense $500.00

History Note: Authority G.S. 86A-1; 86A-22; 86A-27;

Eff. July 1, 2016.

21 NCAC 06O .0119 FAILURE TO NOTIFY BOARD OF CHANGE OF ADDRESS

(a) The presumptive civil penalty for the failure of a barber shop or barber school to fail to notify the Board of a change of

address:

(1) 1st offense $50.00

(2) 2nd offense $100.00

(3) 3rd offense $200.00

(b) The presumptive civil penalty for an individual manager for the failure to notify the Board of a change of address for a

barber shop or barber school:

(1) 1st offense $50.00

(2) 2nd offense $100.00

(3) 3rd offense $200.00

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-27;

Eff. July 1, 2016.

21 NCAC 06O .0120 RESERVED FOR FUTURE CODIFICATION

21 NCAC 06O .0121 FAILURE TO DISPLAY SANITATION GRADE AND SHOP PERMIT

The presumptive civil penalty for the failure of a shop to display its sanitation grade and shop permit in a place visible to the

public at the front of the shop:

(1) 1st offense $50.00

(2) 2nd offense $100.00

(3) 3rd offense $200.00

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-16; 86A-27;

Eff. July 1, 2016.

21 NCAC 06O .0122 FAILURE TO NOTIFY BOARD OF CHANGE OF BARBER SHOP OR SCHOOL

MANAGER

(a) The presumptive civil penalty for the failure of a barber shop or barber school to fail to notify the Board as to a change of

barber shop manager:

(1) 1st offense $50.00

(2) 2nd offense $100.00

(3) 3rd offense $200.00

(b) The presumptive civil penalty for an individual manager for the failure to notify the Board of a change of manager of a

barber shop or barber school:

(1) 1st offense $50.00

(2) 2nd offense $100.00

(3) 3rd offense $200.00

History Note: Authority G.S. 86A-1; 86A-5(a)(6); 86A-22; 86A-27;

Eff. July 1, 2016.

SUBCHAPTER 06P - DEFINITIONS

21 NCAC 06P .0101 BARBERING

Unless specifically exempted by G.S. 86A-14, "the practice of barbering" or "barbering services" means any one or more of

the activities defined in G.S. 86A-2 when performed upon a member of the public.

History Note: Authority G.S. 86A-2;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016.

21 NCAC 06P .0102 BARBERING EXEMPTIONS

History Note: Authority G.S. 86A-2;

Eff. June 1, 2008;

Repealed Eff. July 1, 2016.

21 NCAC 06P .0103 GENERAL DEFINITIONS

For purposes of the rules in this Chapter, the following definitions shall apply:

(1) "Barber" means any person who engages in or attempts to engage in the practice of barbering or provide

barbering services.

(2) "Barber instructor" means any person who engages in or attempts to engage in the teaching of the practice

of barbering.

(3) "Barber pole" means an actual or representation of a cylinder or pole with alternating stripes of any

combination including red and white, and red, white, and blue that run diagonally along the length of the

cylinder or pole.

(4) "Barber school" means any establishment that engages in or attempts to engage in the teaching of the

practice of barbering.

(5) "Barber student" means any person who is enrolled in barber school, including those taking classes beyond

the 1528 required hours.

(6) "Board" means the State Board of Barber Examiners.

(7) "License" or "permit" or "certificate of registration" means the actual license or permit issued by the Board

and current government issued photo identification depicting the licensee's or permittee's photograph and

legal name.

(8) "Military service record" means veteran service records, such as the U.S. Department of Defense Form 214

(DD-214), or other military service records from the military or National Archives.

(9) "Pick-up order" means an order issued by the Board and signed by the Executive Director authorizing an

inspector to physically retrieve a permit or license.

(10) "Practice of barbering" and "barber services" means all activities set forth in G.S. 86A-2, and the sanitary

requirements of Chapter 86A and the sanitary rules adopted by the Board.

(11) "Sanitary" means free of infectious agents, diseases, or infestation by insects or vermin and free of soil,

dust, or dirt.

History Note: Authority G.S. 86A-2; 86A-5; 86A-13; 86A-15; 86A-22; 86A-23; 93B-15.1;

Eff. June 1, 2008;

Readopted Eff. July 1, 2016;

Amended Eff. April 1, 2017.

SUBCHAPTER 06Q - PROHIBITED PRACTICES

21 NCAC 06Q .0101 ADDITIONAL GROUNDS FOR DENIAL OR DISCIPLINE

Except as provided in Chapter 86A of the General Statutes, the Board:

(1) shall find fraudulent misrepresentation in the following examples:

(a) An individual or entity operates or attempts to operate a barber shop or barber school without a

permit;

(b) An individual or entity advertises barbering services unless the establishment and personnel

employed therein are licensed or permitted;

(c) An individual or entity uses or displays a barber pole only if the use of the barber pole is for the

purpose of offering barber services to the public without a barber shop or barber school permit.

This Rule does not prohibit use of a barber pole for purposes other than offering services that

require a certificate of registration, license, or permit under G.S. 86A; and

(d) An individual or entity fails to produce a license or permit as defined by 21 NCAC 06P .0103(7)

upon the request of the Board's Executive Director or a Board inspector during an inspection;

(2) will determine whether grounds for denial or discipline exist when:

(a) An individual violates a settlement agreement entered into with the Board;

(b) An individual or entity violates G.S. 86A or any rule adopted by the Board for barbers, barber

shops or barber schools; or

(c) An individual fails to disclose a felony criminal conviction in dealing with the Board.

History Note: Authority G.S. 86A-1; 86A-2; 86A-5(a); 86A-10; 86A-11; 86A-13; 86A-15; 86A-16; 86A-17; 86A- 18;

86A-20; 86A-22; 86A-23; 86A-24;

Eff. June 1, 2008;

Amended Eff. September 1, 2013;

Readopted Eff. October 1, 2016.

21 NCAC 06Q .0102 EFFECT OF CHILD SUPPORT DEFAULT ON LICENSE OR CERTIFICATE

History Note: Authority G.S. 93B-13; 110-142.1;

Eff. June 1, 2008;

Repealed Eff. July 1, 2016.

21 NCAC 06Q .0103 REGISTERED SEX OFFENDER

History Note: Authority G.S. 86A-17; 86A-18;

Eff. June 1, 2008;

Amended Eff. April 1, 2010;

Repealed Eff. October 1, 2016.

21 NCAC 06Q .0104 EFFECT OF NOTICE OF VIOLATION ON LICENSE OR CERTIFICATE

History Note: Authority G.S. 86A-1; 86A-10; 86A-17; 86A-18; 86A-20;

Eff. October 1, 2009;

Repealed Eff. October 1, 2016.

SUBCHAPTER 06R - ADVERTISING

21 NCAC 06R .0101 DISPLAY OF SIGN OR BARBER POLE

Every establishment permitted to practice barbering shall display at its entrance a sign that is visible from the street with

lettering no smaller than three inches, stating "barber shop," "barber salon," "barber styling," or similar use of the designation,

"shop, salon or styling." Alternatively, an establishment may display a "barber pole" as defined in 21 NCAC 06P .0103(3) that

is visible from the street.

History Note: Authority G.S. 86A-1; 86A-13;

Eff. June 1, 2008;

Amended Eff. September 1, 2009;

Readopted Eff. July 1, 2016.

SUBCHAPTER 06S - EXAMINATIONS

21 NCAC 06S .0101 GENERAL EXAMINATION INSTRUCTIONS

(a) For the purposes of this Rule, "test center" means those rooms where the Board administers written and practical

examinations while the examinations are being conducted.

(b) All candidates scheduled for an examination conducted by the Board shall bring:

(1) two forms of identification, one of which shall have a photo of the candidate;

(2) a signed copy of the exam instructions that the Board sent to the candidate;

(3) tools and supplies as required by the Board in its exam instructions; and

(4) a hygienically clean model with natural hair and beard of sufficient length to demonstrate practical

barbering proficiency as determined by the Board in its qualifying model policy.

(c) No briefcases, bags, books, papers, or study materials shall be allowed in the test center. The Board shall not be

responsible for lost or misplaced items.

(d) No cell phones, calculators, or other electronic devices are permitted for use during the examination.

(e) No eating, drinking, smoking, or chewing gum shall be permitted during the examination.

(f) No visitors, children, pets or guests shall be allowed in the test center.

(g) No extra time for the examination shall be permitted unless mandated by State or federal law, such as the Americans with

Disabilities Act.

(h) No candidate may leave the test center during the examination. Candidates may visit the restroom with the Board staff's

permission, but will not receive any additional time for the examination.

(i) No candidate may give or receive assistance during the examination. If a candidate gives or receives assistance during the

examination, the Board staff shall stop the candidate's examination and the candidate will be dismissed from the test center.

The Board staff shall not score the examination and will report the candidate to the Board, which shall make any decisions

regarding discipline.

(j) Candidates must be silent during the examination. Candidates shall not wear or carry any school identification on uniforms

or equipment.

History Note: Authority G.S. 86A-5(a)(4); 86A-8; 86A-9; 86A-24;

Eff. September 1, 2009;

Amended Eff. September 1, 2013;

Readopted Eff. July 1, 2016.