2002 Nebraska State Statutes : Barbers & Barbering
Contact: Board of Barber Examiners
301 Centennial Mall South - 6th Floor
Lincoln, NE 68509-4723
Phone: 402-471-2051 FAX: 402-471-2052
_________________________________________________________________
Practice of barbering; barber shop; barber school; license
required; renewal; disciplinary actions.
71-201. No person shall practice or attempt to
practice barbering without a license issued pursuant to the
Barber Act by the board. It shall be unlawful to operate a
barber shop unless it is at all times under the direct
supervision and management of a licensed barber.
No person, partnership, limited liability company, or
corporation shall operate a barber shop or barber school until a
license has been obtained for that purpose from the board. If
the applicant is an individual, the application shall include the
applicant's social security number. All barber shop licenses
shall be issued on or before June 30, shall be effective as of
July 1 of each year, shall be good for one year, and shall expire
on the succeeding June 30.
Any barber shop which fails to renew its license on or
before the expiration date may renew such license by payment of
the renewal fee and a late renewal fee established by the board
within sixty days after such date or such other time period as
the board establishes.
Any barber shop or barber school license may be
suspended, revoked, or denied renewal by the board for violation
of any provision of the statutes or any rule or regulation of the
board pertaining to the operation or sanitation of barber shops
or barber schools after due notice and hearing before the board.
Barbering, defined.
71-202. Any one or any combination of the following
practices, when done upon the human body by the use of chemical
products for cosmetic or grooming purposes and not for the
treatment of disease or physical or mental ailments, on any
person, other than a member of the immediate family, shall
constitute the practice of barbering: (1) Shaving or trimming
the beard or cutting the hair; (2) dressing, arranging, styling,
curling, waving, straightening, and relaxing of the hair by
chemical or mechanical means; (3) giving face and scalp massages
or treatment with oils, creams, lotions, or other preparations
either by hand, mechanical appliances, or electrical appliances,
including the applying of chemical and toiletry preparations,
antiseptics, powders, oils, clays, or lotions to scalp, face,
neck, or upper part of the body; (4) patterning, fitting,
cleaning, styling, coloring, waving, or other similar work upon
hair pieces or wigs; and (5) shampooing, bleaching, coloring,
rinsing, hair weaving, or similar work upon the hair.
Terms, defined.
71-202.01. For purposes of the Barber Act, unless the
context otherwise requires:
(1) Barber shall mean any person who engages in the
practice of any act of barbering;
(2) Barber shop shall mean an establishment or place of
business properly licensed as required by the act where one or
more persons properly licensed are engaged in the practice of
barbering but shall not include barber schools or colleges;
(3) Barber school or college shall mean an
establishment properly licensed and operated for the teaching and
training of barber students;
(4) Board shall mean the Board of Barber Examiners;
(5) Manager shall mean a licensed barber having control
of the barber shop and of the persons working or employed
therein;
(6) License shall mean a certificate of registration
issued by the board;
(7) Barber instructor shall mean a teacher of the
barber trade as provided in the act;
(8) Assistant barber instructor shall mean a teacher of
the barbering trade registered as an assistant barber instructor
as required by the act;
(9) Registered or licensed barber shall mean a person
who has completed the requirements to receive a certificate as a
barber and to whom a certificate has been issued;
(10) Secretary of the board shall mean the director
appointed by the board who shall keep a record of the proceedings
of the board; and
(11) Student shall mean a person attending an approved,
licensed barber school or college, duly registered with the board
as a student engaged in learning and acquiring any and all of the
practices of barbering, and who, while learning, performs and
assists any of the practices of barbering in a barber school or
college.
Barbering; exemptions.
71-203. The following persons are exempt from the
Barber Act while in the proper discharge of their professional or
occupational duties: (1) Persons authorized by the laws of this
state to practice medicine and surgery; (2) commissioned medical
or surgical officers of the United States military services; (3)
registered or licensed practical nurses; and (4) persons engaged
in operating or employed in cosmetology salons, except that
nothing contained in this section shall authorize a cosmetologist
to perform barbering as defined in section 71-202 in any licensed
barber shop.
Barber; certificate; qualifications required.
71-204. A person is qualified to receive a certificate
of registration to practice barbering (1) who has a diploma
showing graduation from high school or an equivalent education as
determined by passing a general education development test; (2)
who is at least seventeen years of age; (3) who has completed two
thousand one hundred hours of training in a barber school or
college; (4) who has graduated from a barber school or college
approved by the Board of Barber Examiners; and (5) who has passed
an examination conducted by the Board of Barber Examiners to
determine his or her fitness to practice barbering, which
examination shall be taken within two years after the date of
entry into barbering school.
School of barbering; application to open; fee.
71-207.01. Application for authority to open a new
barber school shall be made to the Board of Barber Examiners, on
forms to be prescribed by the board, and shall be accompanied by
the fee prescribed in section 71-219.
School of barbering; application for certificate of registration;
proof required; factors to be considered in passing on
application.
71-207.02. Every applicant for a certificate of
registration to operate a new barber school shall offer proof
sufficient to the board that the establishment of such new barber
school will not be detrimental to the public welfare. In
considering whether the establishment of a new barber school will
be detrimental to the public welfare the board shall consider the
need for barber school facilities or additional barber school
facilities, as the case may be, in the community where the
proposed barber school is to be located, giving particular
consideration to:
(1) The economic character of the community;
(2) The adequacy of existing barber shops and barber
schools in that community;
(3) The ability of the community to support the
proposed barber school;
(4) The character of adjacent communities and the
extent to which the establishment of the proposed barber school
would draw patrons from such adjacent communities; and
(5) The social and economic effect of the establishment
of a barber school on the community where it is proposed to be
located, and on the adjacent communities.
School or college of barbering; requirements for approval; course
of instruction; standards set by rules and regulations.
71-208. No school or college of barbering shall be
approved by the board unless (1) as a prerequisite to graduation
it requires graduation from high school or its equivalent as
determined by an examination conducted by the county
superintendent of schools or successfully passing a general
educational development test, (2) as a prerequisite to graduation
it requires a course of instruction of not less than two thousand
one hundred hours, to be completed in a period of not less than
one year, of not more than ten hours in any one working day, and
(3) the school meets the standards of the Barber Act and any
rules and regulations of the board. Such course of instruction
shall include scientific fundamentals for barbering, hygiene,
massaging, sterilization, haircutting, and shaving, except that
when a school or college of barbering is a part of a high school
accredited by the State Board of Education or the University of
Nebraska, the Board of Barber Examiners shall provide in its
rules and regulations that credit in the school of barbering
shall be given for hours spent and courses pursued in the high
school and that credit shall be given for courses in barbering
taken in high school prior to formal enrollment in such school of
barbering.
School or college of barbering; payment of wages, commissions, or
gratuities forbidden; operation of barber shop in connection with
school or college, prohibited.
71-208.01. No school or college of barbering shall be
approved by the Board of Barber Examiners which shall pay any
wages, commissions, or gratuities of any kind to barber students
for barber work while in training or while enrolled as students
in such school or college. No barber shop as defined in
subdivision (2) of section 71-202.01 shall be operated by or in
connection with any barber school or college.
School of barbering; registered instructors and assistants;
qualifications.
71-208.02. (1) All instruction in barber schools shall
be conducted by registered barber instructors or registered
assistant barber instructors.
(2) A person shall be eligible for registration as a
barber instructor if:
(a) He or she has completed at least eighteen hours of
college credit at or above the postsecondary level, including at
least three credit hours each in (i) methods of teaching, (ii)
curriculum development, (iii) special vocational needs, (iv)
educational psychology, (v) speech communications, and (vi)
introduction to business;
(b) He or she has been a licensed and actively
practicing barber for the one year immediately preceding
application, except that for good cause the board may waive the
requirement that the applicant be an actively practicing barber
for one year or that such year immediately precede application;
(c) He or she has served as a registered assistant
barber instructor under the direct inhouse supervision of an
active, full-time, registered barber instructor for one year
immediately preceding application for registration, except that
for good cause the board may waive the requirement that such year
immediately precede application;
(d) He or she has passed an examination prescribed by
the board; and
(e) He or she has paid the fees prescribed by section
71-219.
(3) One registered barber instructor or assistant
barber instructor shall be employed for each fifteen students, or
fraction thereof, enrolled in a barber school, except that each
barber school shall have not less than two instructors, one of
whom shall be a registered barber instructor, regardless of the
number of students. Additional assistant barber instructors
shall be permitted on a working ratio of two assistant barber
instructors for every registered barber instructor. A barber
school operated by a nonprofit organization which neither charges
any tuition to its students nor makes any charge to the persons
upon whom work is performed shall not be required to have more
than one instructor, regardless of the number of students, which
instructor shall be a registered barber instructor.
(4) No student at a barber school shall be permitted to
do any practical work upon any person unless a registered barber
instructor or registered assistant barber instructor is on the
premises and supervising the practical work being performed.
(5)(a) A person shall be eligible for registration as
an assistant barber instructor if he or she has paid the fee
prescribed by section 71-219, has been a licensed and actively
practicing barber for one year, and is currently enrolled or will
enroll at the first regular college enrollment date after
registration under this section in an educational program leading
to completion of the hours required under subsection (2) of this
section.
(b) A person registered pursuant to subdivision (a) of
this subsection may serve as an assistant barber instructor under
indirect supervision if:
(i) He or she has completed nine college credit hours,
including three credit hours each in methods of teaching,
curriculum development, and special vocational needs; and
(ii) He or she has completed one year of instructor
training under the direct inhouse supervision of an active,
full-time, registered barber instructor.
(c) A report of college credits earned pursuant to
subsection (2) of this section shall be submitted to the board at
the end of each academic year. Registration as an assistant
barber instructor shall be renewed annually and shall be valid
for three years from the date of registration if the registrant
pursues without interruption the educational program described in
subsection (2) of this section. A registrant who fails to so
maintain such program shall have his or her registration revoked.
Any such registration that has been revoked shall be reinstated
if all renewal fees have been paid and other registration
requirements of this subsection are met.
(6) A person who is a registered barber instructor
before September 9, 1993, may continue to practice as a
registered barber instructor on and after such date without
meeting the changes in the registration requirements of this
section imposed by Laws 1993, LB 226. A person who is a
registered assistant barber instructor before September 9, 1993,
and who seeks to register as a barber instructor on or after
September 9, 1993, may meet the requirements for registration as
a barber instructor either as such requirements existed before
such date or as such requirements exist on or after such date.
School of barbering; services; performed by regularly enrolled
students.
71-208.03. All barbering services performed in a
barber school shall be entirely performed by regularly enrolled
students.
School of barbering; bond; conditions; exceptions.
71-208.04. Each barber school shall at all times keep
and maintain in full force and effect a surety bond with a
reputable bonding company licensed to do business in the State
of Nebraska for the benefit of all of its students, sufficient in
amount to insure to such students a refund of any portion of
their tuition paid but not used, in the event that the school
shall discontinue operations for any reason prior to the time
that the student shall have completed his education at the
school, except that such requirement shall not apply to a barber
school or college operated by a nonprofit organization which
neither charges any tuition to its students nor makes any charge
to the persons upon whom such work is performed.
Registered barber instructor; license; expiration.
71-208.06. The license as a registered barber
instructor shall be issued on or before June 30 of each year
effective as of July 1 of each year and shall expire on the next
succeeding June 30. The license application shall include the
applicant's social security number.
Barber instructor; inactive status; renewal of registration;
failure to renew for five years; effect.
71-208.07. Any barber instructor on inactive status or
who withdraws from the active practice of barber instructing may
renew his or her registration within five years of its expiration
date upon the payment of the required restoration fee. Any
barber instructor who fails to renew his or her registration for
five consecutive years shall be required to successfully complete
the examination for issuance of a new registration.
School or college of barbering; cosmetologists; course hours;
credit.
71-208.08. Cosmetologists licensed in the State of
Nebraska attending a school or college of barbering shall be
given one thousand hours credit toward the course hours required
for graduation.
Examinations; application; fee.
71-209. Each applicant for an examination shall (1)
make application to the Board of Barber Examiners on blank forms
prepared and furnished by the board, such application to contain
the applicant's social security number and proof under the
applicant's oath of the particular qualifications of the
applicant; (2) furnish to the board two portrait-type photographs
of the applicant at least passport size but not to exceed three
by five inches showing a sufficient portion of the applicant's
face with sufficient clarity so as to permit the Board of Barber
Examiners to identify the applicant, each of which photographs
shall be signed by the applicant, one such photograph to
accompany the application and to be attached thereto, and one to
be returned to the applicant, to be presented to the board when
the applicant appears for examination; and (3) pay to the board
the required fee. The applicant shall not be entitled to the
return of the required fee by reason of his or her failure to
report for the examination.
Examinations; scope; when and where held; reexamination.
71-210. The Board of Barber Examiners shall conduct
examinations of applicants for certificates of registration to
practice as registered barber instructors and registered barbers,
not less than four times each year at such time and places as the
board may determine. The examination of applicants for
certificates of registration as registered barbers shall include
both a practical demonstration and a written test, and shall
embrace the subjects usually taught in schools of barbering
approved by the board. If the applicant fails either the
practical demonstration or the written test, reexamination shall
be necessary for only the test that was failed. Every student
entering a recognized school must have the date of his or her
entrance registered with the board.
Certificates of registration; kinds; issuance; when authorized.
71-211. Whenever the provisions of sections 71-201 to
71-224 have been complied with, the Board of Barber Examiners
shall issue a certificate of registration as a registered barber
instructor or registered barber, or a certificate of approval of
a barber school.
Licensee; license expired while serving in armed forces;
reinstatement; requirements.
71-211.01. All licensees provided for in the Barber
Act whose valid licenses have expired while serving in the armed
forces of the United States may have such licenses reinstated
without further examination upon their return from the armed
forces and payment of the necessary fees, if the request for
reinstatement was made to the board within ninety days after
discharge from the armed forces. Any licensee requesting
reinstatement must accompany such request with a copy of his or
her discharge from the armed forces.
Practice of barbering in another state or country; eligibility to
take examination; successive examinations; failure to appear;
notice of next regular examination.
71-212. A person who (1) is of good moral character
and temperate habits, (2) has a diploma showing graduation from
high school or its equivalent as determined by an examination
conducted by the county superintendent of schools or successfully
passing a general educational development test either of which
shall be optional with the applicant, and (3) has a license and
certificate of registration as a practicing barber from another
state or country which has substantially the same requirements
for licensing or registering barbers as required by the Barber
Act, shall upon payment of the required fee be given an
examination by the board at the next regular examination to
determine his or her fitness to receive a certificate of
registration to practice barbering. If any person fails to pass
a required examination, he or she shall be entitled to submit
himself or herself for examination by the board at the next
examination given by the board. If he or she fails at the third
examination, no further examination shall be granted. If an
applicant fails to appear when requested for an examination, he
or she shall be notified by the board as to the time of the next
regular examination, at which he or she shall appear.
Certificate of registration; certificate of approval of schools;
how and where displayed.
71-215. Every holder of a certificate of registration
shall display it in a conspicuous place within the work area of
the barber shop. The certificate of approval of a barber school
and certificate of registration as a registered barber instructor
employed by the school shall be conspicuously displayed on the
premises of the school.
Registered barber instructor, assistant barber instructor, or
barber; barber school; renewal of registration or license; barber
on inactive status; renewal of license; failure to renew for five
years; effect.
71-216. Every registered barber instructor and
licensed barber who continues in active practice or service shall
on or before June 30 of each year renew his or her license or
registration and pay the required fee. Such license or
registration shall be effective as of July 1 of each year and
shall terminate on June 30 of the next succeeding year.
Every registered assistant barber instructor shall,
subject to the requirements of section 71-208.02, renew his or
her registration on or before its expiration date during the
period of its validity established by such section and pay the
required fee.
Every barber school shall on or before June 30 of each
year obtain renewal of its license and pay the required fee. Such
renewal shall be effective as of July 1 of each year and shall
expire on June 30 of the next succeeding year.
Any licensed barber, registered barber instructor,
registered assistant barber instructor, or barber school which
fails to renew his, her, or its license or registration on or
before the expiration date may renew such license or registration
by payment of the renewal fee and a late renewal fee established
by the board within sixty days after such date or such other time
period as the board establishes.
Any barber on inactive status or who withdraws from the
active practice of barbering may renew his or her license within
five years of its expiration date upon the payment of the
required restoration fee. Any barber who fails to renew his or
her license for five consecutive years shall be required to
successfully complete the examination for issuance of a new
license.
Applicant; certificate; examination; failure to pass; effect.
71-216.01. A graduate from a school of barbering who
fails to pass a satisfactory examination may take the examination
next time that the examination is given by the Board of Barber
Examiners without being required to take any further course of
study. Should the applicant fail the examination a second time,
the applicant shall be required to complete a further course of
study of not less than five hundred hours to be completed within
three months of not more than ten hours in any one working day in
a school of barbering approved by the Board of Barber Examiners
before the applicant may be permitted to take the examination a
third time.
Barbering; certificate; denial, suspension, or revocation;
grounds.
71-217. The board may either refuse to issue or renew
or may suspend or revoke any certificate of registration or
approval for any one or a combination of the following causes:
(1) Conviction of a felony shown by a certified copy of the
record of the court of conviction; (2) gross malpractice or gross
incompetency; (3) continued practice by a person knowingly having
an infectious or contagious disease; (4) advertising by means of
knowingly false or deceptive statements or in violation of
section 71-223.02; (5) advertising, practicing, or attempting to
practice under a trade name or any name other than one's own; (6)
habitual drunkenness or habitual addiction to the use of
morphine, cocaine, or other habit-forming drugs; (7) immoral or
unprofessional conduct; (8) violation of any of the provisions of
sections 71-201 to 71-237 or of any valid regulation promulgated
by the board pertaining to service charges, sanitation, and the
elimination of unfair practices; and (9) any check presented to
the board as a fee for either an original license or renewal
license or for examination for license or any other fee
authorized in sections 71-201 to 71-237 which is returned to the
State Treasurer unpaid.
Certificate; refusal, suspension, or revocation; notice; hearing;
powers of board; powers of district court.
71-218. The Board of Barber Examiners may not refuse
to renew, suspend, or revoke any certificate of registration or
approval under the provisions of section 71-217 unless the person
accused has been given at least twenty days' notice in writing of
the charge against him and a public hearing by the board. Upon
the hearing of any such proceeding, the board may administer
oaths and may procure, by its subpoena, the attendance of
witnesses and the production of relevant books and papers. Any
district court, or any judge of the district court, either in
term time or in vacation, upon application either of the accused
or of the board may, by order duly entered, require the
attendance of witnesses and the production of relevant books and
papers before the board in any hearing relating to the refusal,
suspension or revocation of certificates of registration or
approval.
Barbering fees; set by board; enumerated.
71-219. The board shall set the fees to be paid:
(1) By an applicant for an examination to determine his
or her fitness to receive a license to practice barbering or a
registration as a barber instructor and for the issuance of the
license or registration;
(2) By an applicant for registration as an assistant
barber instructor;
(3) For the renewal of a license to practice barbering
and for restoration of an inactive license;
(4) For the renewal of a registration to practice as a
barber instructor and for the restoration of an inactive
registration;
(5) For renewal of a registration to practice as an
assistant barber instructor;
(6) For late renewal of a license issued under the
Barber Act;
(7) For an application for a license to establish a
barber shop or barber school and for the issuance of a license;
(8) For the transfer of license or change of ownership
of a barber shop or barber school;
(9) For renewal of a barber license, barber instructor
registration, barber shop license, or barber school license;
(10) For an application for a temporary license to
conduct classes of instruction in barbering;
(11) For an affidavit for purposes of reciprocity or
for issuance of a certification of licensure for purposes of
reciprocity;
(12) For the sale of listings or labels; and
(13) For a returned check because of insufficient funds
or no funds.
Application for license to operate barber school or college;
form; contents; transfer; fees.
71-219.01. Application for a license to operate a
barber school or college shall be made on a form furnished by the
board. It shall contain such information relative to ownership,
management, instructors, number of students, and other data
concerning such business as may be required by the board. The
board shall collect, in addition to the annual approval fee, a
fee in an amount set by the board for every barber school opened
after August 27, 1971. The annual fee for approval of a barber
school or college, the fee for reinstatement of a delinquent
license, and the fee for the transfer of license or change of
ownership of a barber school or college shall be set by the
board. No fee shall be collected if the change in ownership is
caused by a present license owner incorporating.
Application for license to establish a barber shop; form;
contents; transfer; fees; inspection.
71-219.02. Application for a license to establish a
barber shop shall be made on a form furnished by the board. It
shall contain such information relative to ownership, management,
sanitation, and other data concerning such business as may be
required by the board. The board shall collect with such
application, in addition to the annual license fee paid for that
year, a fee to be set by the board. A fee shall be collected for
the transfer of license or change of ownership of a barber shop,
but no fee shall be collected if the ownership results merely
from a present license holder incorporating his or her business.
Every barber shop shall be called upon by the state barber
inspector at least once each year for the purpose of inspection
in order to be eligible for an annual permit to conduct a barber
shop, and no license shall be issued unless all deficiencies
found by inspection of such shop have been corrected.
Board of Barber Examiners; set fees; manner; annual report.
71-219.03. The Board of Barber Examiners shall set the
fees at a level sufficient to provide for all actual and
necessary expenses and salaries of the board and in such a manner
that unnecessary surpluses are avoided. The board shall annually
file a report with the Attorney General and the Legislative
Fiscal Analyst stating the amount of the fees set by the board.
Such report shall be submitted on or before July 1 of each year.
Barber shop or school; reinspection; fees.
71-219.04. When it is necessary for an inspector to
reinspect a barber shop or barber school to determine if a
violation has been corrected, there shall be a fee assessed to
the barber, barber shop owner, instructor, or barber school owner
for the first, second, and third callback inspection. The fees
shall be an amount set by the board.
Violation; penalty.
71-220. Any person, firm, or corporation, their agents
or servants, who shall violate any of the provisions of sections
71-201 to 71-237 shall be deemed guilty of a Class III
misdemeanor.
Violation; nuisance; abatement or other relief.
71-220.01. A violation of the Barber Act by any person
shall constitute a nuisance and the board, acting in the name of
the state, shall be authorized to file suit in the district court
of the district in which the alleged violation occurred for the
purpose of seeking an abatement of such nuisance and for such
other relief as the court may deem appropriate to grant. The
procedure in the district court shall be the same as the
procedure for matters in equity in the district court of
Nebraska.
Board of Barber Examiners; established; members; qualifications;
terms; appointment; removal.
71-221. A board, to be known as the Board of Barber
Examiners, is hereby established, to consist of three members
appointed by the Governor. Each member shall be a practicing
barber who has followed the occupation of barbering in this state
for at least five years prior to his appointment, and who is
actually engaged in the practice of barbering during the term of
his appointment. The members of the first board appointed shall
serve for three years, two years, and one year, respectively, as
appointed, and members appointed thereafter shall serve for three
years. The Governor may remove a member for cause. Members
appointed to fill vacancies caused by death, resignation or
removal, shall serve during the unexpired term of their
predecessors.
Board; officers; compensation; records; reports; employees.
71-222. The board shall annually elect a president and
vice president, and the board shall appoint a director who shall
serve as secretary of the board. The board shall be furnished
with suitable quarters in the State Capitol or elsewhere. It
shall adopt and use a common seal for the authentication of its
orders and records. The secretary of the board shall keep a
record of all proceedings of the board. A majority of the board,
in a meeting duly assembled, may perform and exercise all the
duties and powers devolving upon the board. Each member of the
board shall receive a compensation of seventy-five dollars per
diem and shall be reimbursed for his or her actual and necessary
expenses incurred in the discharge of his or her duties as
provided in sections 81-1174 to 81-1177, not to exceed two
thousand dollars per annum. Salaries and expenses shall be paid
only from the fund created by fees collected in the
administration of the Barber Act, and no other funds or state
money except as collected in the administration of the act shall
be drawn upon to pay the expense of administration. The board
shall report each year to the Governor a full statement of its
receipts and expenditures and also a full statement of its work
during the year, together with such recommendations as it may
deem expedient. The board may employ one field inspector and
such other inspectors, clerks, and other assistants as it may
deem necessary to carry out the act and prescribe their
qualifications. No owner, agent, or employee of any barber
school shall be eligible to membership on the board.
Director; serve at pleasure of board; salary; qualifications;
bond; premium.
71-222.01. The director, under the supervision of the
Board of Barber Examiners, shall administer the provisions of
sections 71-201 to 71-237, and shall serve at the pleasure of
the board. His salary shall be fixed by the board. He shall
devote full time to the duties of his office. No person shall be
eligible to the office of director who has not been engaged in
the active practice of barbering as a registered barber in the
state for at least five years immediately preceding his
appointment. No member of the Board of Barber Examiners shall be
eligible to the office of director during his term. The director
shall be bonded under the blanket surety bond required by section
11-201. The premium on such bond shall be paid as an expense of
the board.
Board of Barber Examiners Fund; created; use; investment.
71-222.02. All funds collected in the administration
of the Barber Act shall be remitted to the State Treasurer for
credit to the Board of Barber Examiners Fund which is hereby
created and which shall be expended only for the administration
of the act. Any money in the fund available for investment shall
be invested by the state investment officer pursuant to the
Nebraska Capital Expansion Act and the Nebraska State Funds
Investment Act.
Board; rules and regulations; inspections; record of proceedings.
71-223. The board shall have authority to adopt and
promulgate reasonable rules and regulations for the
administration of the provisions of sections 71-201 to 71-224.
Any member of the board, its agents, or its assistants shall have
authority to enter upon and to inspect any barber shop or barber
school at any time during business hours. A copy of the rules
and regulations adopted by the board shall be furnished to the
owner or manager of each barber shop and barber school, and it
shall be posted in a conspicuous place in such barber shop or
barber school. The board shall keep a record of proceedings
relating to the issuance, refusal, renewal, suspension, and
revocation of registrations and licenses and inspections. Such
record shall also contain the name, place of business, and
residence of each registered barber instructor and licensed
barber and the date and number of his or her registration or
license.
Barber shops and barber schools; sanitary requirements;
inspections.
71-223.01. The board shall by rules and regulations
duly adopted prescribe sanitary requirements for barber shops and
barber schools. The board or its employees shall regularly
inspect all barber shops and barber schools in this state to
insure compliance with such regulations. A written report of
each such inspection made shall be submitted to the barber board.
Each school or barber shop shall be called upon at least once
each year for the purpose of inspection prior to the issuance of
its license to be eligible for annual renewal of certification or
registration.
Barber schools; sign required; advertising requirements.
71-223.02. A barber school shall display a sign
indicating that it is a barber school. The sign shall be clearly
visible at the main entrance. A sign shall be displayed in the
clinical area indicating that all services are performed by
students. A barber school which advertises the performance of
any barber service shall advertise, in as conspicuous a manner as
such advertisement of services, that all services are performed
by students.
Class of instruction; temporary permit; issuance; requirements;
fee; period valid; bond.
71-223.04. Any person who desires to conduct any class
or classes of instruction, other than a free demonstration,
shall, before engaging in such instruction, make application to
the Board of Barber Examiners for a temporary permit authorizing
the applicant to conduct such class or classes. In order to be
qualified for such temporary license, the applicant must (1) hold
a valid license as a registered barber in some state in the
United States; (2) have filed with the Board of Barber Examiners
an application setting forth the type of classes to be conducted,
the period of time the classes will be conducted, the place in
which such classes are to be conducted, and the amount of
tuition, if any, to be charged; and (3) pay the fee set by the
board for issuance of a temporary permit. Upon being satisfied
that the applicant does hold a valid license as a barber in some
state in the United States, is qualified to conduct such classes,
and has made arrangements to conduct such classes in facilities
which otherwise meet the requirements as to health and sanitation
required of a barber school in the State of Nebraska, the board
shall issue a temporary license to such applicant to permit the
conducting of such classes. The license shall be valid only for
the classes and times set forth in the application. Before such
application is delivered to an applicant other than a barber or
barber school or college currently licensed in Nebraska, the
applicant must post with the Board of Barber Examiners a good and
sufficient surety bond, issued by a reputable bonding company
licensed to do business in the State of Nebraska, for the benefit
of the persons taking such class or classes in a sufficient
amount to assure to such students a refund of any portion of
their tuition paid but not used, in the event that such class or
classes shall discontinue operation for any reason prior to the
time that all of such classes have been conducted.
Act, how cited.
71-224. Sections 71-201 to 71-248 shall be known and
may be cited as the Barber Act.
Legislative declarations.
71-225. The Legislature declares that: (1) The
provisions and regulations of the Barber Act are enacted in the
interest of public health, public safety, and the general
welfare; and (2) the skilled trade of barbering and the operation
of barber shops is affected with a public interest.
Board of Barber Examiners; investigate conditions and practices;
notice and hearing; order.
71-227. Whenever it appears to the board that
practices prevail among barbers which tend to impair the health
or efficiency of barbers or to endanger the health or safety of
their patrons, the board shall investigate and determine whether
such conditions or practices prevail. If such conditions or
practices exist or are at risk of occurring, the board may, by
official order and after due notice and hearing, adopt and
promulgate rules and regulations to promote the purposes of the
Barber Act.
Board of Barber Examiners; practice and procedure in accordance
with rules and regulations.
71-228. The practice and procedure of the board, with
respect to any investigation authorized by sections 71-225 to
71-237, shall be in accordance with rules and regulations to be
promulgated by the board, which shall provide for reasonable
notice to all persons affected by the orders to be made by the
board and an opportunity for any such persons to be heard, either
in person or by counsel, and introduce testimony in their behalf
at any hearing to be held for that purpose.
Board of Barber Examiners; oaths; witnesses; fees; compel
testimony to be given; subpoena; serving of papers by sheriff.
71-230. For the purpose of any investigation or
hearing which the board is authorized to conduct, the board, or
any member thereof, shall have power to administer oaths, take
depositions, issue subpoenas, and compel the attendance of
witnesses and the production of books, papers, documents, and
other evidence. In case of the disobedience of any person in
complying with any order of the board, or a subpoena issued by
the board or any of its members, or on the refusal of a witness
to testify to any matter regarding which he or she may be
lawfully interrogated, the judge of any district court of the
county in which the person resides, on application by any member
of the board, shall compel obedience by attachment proceedings as
for contempt, as in the case of the disobedience of a subpoena
issued from such court or a refusal to testify therein. The
sheriff of the county in which such person resides shall serve
all orders and subpoenas herein referred to. Each witness who
shall appear in obedience to a subpoena before the board or a
member thereof, shall receive for his or her attendance the fees
provided for witnesses in civil cases in the district court of
this state and mileage at the rate provided in section 81-1176
for state employees, which shall be paid upon the presentation of
proper vouchers, approved by any two members of the board. No
witnesses subpoenaed at the instance of a party other than the
board or one of its members, shall be entitled to compensation
unless the board shall certify that his or her testimony was
material to the matter investigated.
Board of Barber Examiners; investigations; matters to be
considered.
71-231. In making any investigation as to conditions
existing in the barber trade, the board shall give due
consideration to (1) the costs incurred in the particular county
under investigation with regard to the adequacy of the income of
barber shop operators to assure full compliance with all sanitary
regulations imposed by any law of this state and (2) healthful
working conditions in barber shops.
Board of Barber Examiners; adopt rules and regulations.
71-232. The board shall adopt and promulgate and
enforce all rules, regulations, and orders necessary to carry out
the Barber Act.
Certificate of registration; Board of Barber Examiners; suspend
or revoke; notice; hearing.
71-234. The Board of Barber Examiners may suspend or
revoke the certificate of registration of any barber who has
violated any order of the board promulgated hereunder; PROVIDED,
no certificate of registration shall be suspended or revoked by
the board until (1) the person accused has been given at least
twenty days' notice in writing of the charge against him and (2)
a public hearing is had by the board.
Appeal; procedure.
71-235. Any licensee, considering himself or herself
aggrieved by any action of the board taken pursuant to the Barber
Act may appeal the action of the board, and the appeal shall be
in accordance with the Administrative Procedure Act.
Expenses of administration; how paid.
71-237. All expenses incidental to the administration
of sections 71-225 to 71-237 shall be paid from the funds of the
Board of Barber Examiners in the manner and form governing other
expenditures of that board.
Reciprocal licensure agreements; Board of Barber Examiners;
powers.
71-238. The board may negotiate reciprocal agreements
for licensure with any other state or country for licensed
barbers and registered barber instructors.
Foreign licenses; recognition; reciprocal agreements authorized.
71-239. For purposes of recognizing licenses which
have been issued in other states or countries to practice
barbering as a licensed barber or registered barber instructor,
the board may enter into a reciprocal agreement with any state
which is certified to it by the proper examining board under the
provisions of section 71-240.
Board of Barber Examiners; review foreign licensing requirements.
71-240. The Board of Barber Examiners shall at least
once each year review the licensing requirements of other states
or countries which issue licenses to practice barbering in the
various classifications in which the board conducts examinations
for licenses in this state. The board shall examine such
requirements and, after making such other inquiries as it deems
necessary, shall certify the states and countries having
substantially equivalent requirements to those existing in this
state for the practice of barbering and with which such board
desires to enter into a reciprocal licensure agreement.
Board of Barber Examiners; reciprocal agreement; conditions.
71-241. In negotiating any reciprocal agreement, the
Board of Barber Examiners shall be governed by the following:
(1) When the laws of any state or country or the rules
of the authorities of such state or country place any requirement
or disability upon any person licensed in this state to practice
barbering which affects the right of such person to be licensed
or to practice his or her profession in such other state, then
the same requirement or disability shall be placed upon any
person licensed in such state or country when applying for a
license to practice in this state; and
(2) When any examining board has established by rule
any special conditions upon which reciprocal agreements shall be
entered into, as provided in section 71-242, such condition shall
be incorporated into the reciprocal agreements negotiated with
reference to licenses to practice barbering in any classification
in which such examining board conducts examinations.
Reciprocal agreement; applicant for licensure or registration;
requirements; failure to qualify; effect.
71-242. The board shall not enter into any reciprocal
agreement with any state or country with reference to the
practice of barbering as a licensed barber or registered barber
instructor for which the board conducts examinations unless every
person licensed or registered in such state or country when
applying for a license to practice in this state shall show:
(1) That the requirements for licensure or registration
were substantially equal to those in force in this state at the
time such license was issued; or
(2) Upon due proof that such applicant has continuously
practiced the practices or occupation for which application for a
license is made at least three years immediately prior to such
application.
The applicant shall also pay the fee set pursuant to
section 71-219 and provide his or her social security number.
Any applicant who fails to qualify for such exemption
because his or her study or training outside this state does not
fulfill the requirements of this section shall receive credit for
the number of hours of study and training successfully completed
in the particular state where he or she is registered or
licensed, and he or she shall be qualified for the examination
upon completion of such supplementary study and training in an
accredited school of barbering in this state as the board finds
necessary to substantially equal the study and training of a
qualified person who has studied and trained in an accredited
school in this state only. For the purposes of this section,
each six months of practice outside of this state of the
practices or occupation for which application for a license is
made shall be deemed the equivalent of one hundred hours of study
and training required in this state in order to qualify for the
practice of barbering.
Reciprocal agreement; terminated; when.
71-243. When the requirements for a license in any
state or country with which this state has a reciprocal agreement
as authorized by section 71-239 are changed by any law or rule of
the authorities of such state so that such requirements are no
longer substantially as high as those existing in this state,
then such agreement shall be deemed terminated and licenses
issued in such state or country shall not be recognized as a
basis of granting a license in this state until a new agreement
has been negotiated.
License granted under reciprocal agreement; when.
71-244. The Board of Barber Examiners shall, upon
presentation of a certification of licensure to practice
barbering as a registered barber or instructor by the duly
constituted authority of another state or country, with which
this state has established reciprocal relations as authorized by
section 71-239, and subject to the rules of the board, license
such applicant to practice in this state unless an examination is
required under section 71-242.
Reciprocal license; provisions applicable.
71-245. The provisions of the Barber Act, relating to
applications, transmittal of the names of eligible candidates,
certification of successful applicants, and issuance of licenses
thereto, in the case of regular examinations, applies as far as
applicable to applicants for a reciprocal license.
Reciprocal requirements and disabilities; applicable; when.
71-246. When the laws or the rules of the authorities
of a state or country place any requirement or disability upon
any person holding a diploma or certificate from any school or
college of barbering in this state in which barbering is taught,
which affects the right of such person to be licensed in such
state, the same requirement or disability shall be placed upon
any person holding a diploma or certificate from a similar school
or college situated in that state when applying for a license to
practice in this state.
Board of Barber Examiners; establish rules.
71-247. The Board of Barber Examiners shall have the
power to establish the necessary rules for carrying out the
reciprocal relations with other states or countries which are
authorized by sections 71-238 to 71-246.
Licensee; change of residence; certified statement.
71-248. Any licensee who desires to change his or her
residence to that of another state or country shall, upon
application to the Board of Barber Examiners and payment of the
legal fee, receive a certified statement that he or she is a duly
licensed practitioner in this state.
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