§ 5104 — Board of Cosmetology and Barbering; appointment; composition; qualifications; term of office; suspension or removal; compensation; continuation of former Board

Delaware § 5104

• Jurisdiction: Delaware
• Title: 24
• Ch. 51: COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS
• Subch.: Board of Cosmetology and Barbering

Text

(a) The Board of Cosmetology and Barbering shall consist of 13 members appointed by the Governor and shall be composed of the following:

(1) Two cosmetologists.

(2) One nail technician.

(3) One barber.

(4) One aesthetician.

(5) One cosmetology instructor.

(6) One owner or operator of a shop licensed under this chapter.

(7) One owner or administrator of a school licensed under this chapter.

(8) Five public members. A public member may not be any of the following:

a. At any time, a cosmetologist, barber, electrologist, nail technician or aesthetician.

b. A member of the immediate family of a cosmetologist, barber, electrologist, nail technician or aesthetician.

c. Employed by a cosmetologist, barber, electrologist, nail technician or aesthetician.

d. At any time have a material or financial interest in the providing of goods or services to a cosmetologist, barber, electrologist, nail technician or aesthetician.

e. At any time engaged in an activity directly related to cosmetology, barbering, electrology, nail technology or aesthetics.

A public member shall be accessible to inquiries, comments and suggestions from the general public.

(b) Each member shall serve for a term of 3 years, and may successively serve for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member.

(c) A person who has never served on the Board may be appointed to serve on the Board for 2 consecutive terms, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c) of this section, unless such amendment or revision amends this section to permit such an appointment.

(e) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded.

(f) Any member who fails to attend 3 consecutive regular business meetings, or who fails to attend at least1/2of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed by the Governor.

(g) No member of the Board of Cosmetology and Barbering, while serving on the Board, shall be a president, chairperson or other official of a professional cosmetology, barbering, nail technology, electrology or aesthetics association.

(h) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Board.

(i) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.

Legislative History

63 Del. Laws, c. 146, § 3 ; 64 Del. Laws, c. 8, § 1 ; 67 Del. Laws, c. 368, § 26 ; 69 Del. Laws, c. 178, § 1 ; 70 Del. Laws, c. 186, § 1 ; 72 Del. Laws, c. 177, § 1 ; 73 Del. Laws, c. 158, §§ 2, 3 ; 77 Del. Laws, c. 65, § 1 ; 80 Del. Laws, c. 317, § 4 ; 81 Del. Laws, c. 85, § 26 ; 83 Del. Laws, c. 76, § 2