§ 3B-10

(Section scheduled to be repealed on January 1, 2031) Sec. 3B-10. Requisites for ownership or operation of school. No person, firm, or corporation may own, operate, or conduct a school of barbering, cosmetology, esthetics, hair braiding, or nail technology for the purpose of teaching barbering, cosmetology, esthetics, hair braiding, or nail technology for compensation unless licensed by the Department. A licensed school is a postsecondary educational institution authorized by the Department to provide a postsecondary education program in compliance with the requirements of this Act. An applicant shall apply to the Department on forms provided by the Department, pay the required fees, and comply with the following requirements: 1. The applicant must submit to the Department for approval: a. A floor plan, drawn to a scale specified on the floor plan, showing every detail of the proposed school; and b. A lease commitment, agreement to use the space, or proof of ownership for the location of the proposed school; a lease commitment must provide for execution of the lease upon the Department's approval of the school's application and the lease or agreement must be for a period of at least one year, and for schools operated by a public high school, community college, university, or other governmental institution, this requirement is waived. c. (Blank). 2. An application to own or operate a school shall include the following: a. If the owner is a professional service corporation or a corporation, a copy of the Articles of Incorporation or, if the owner is a professional limited liability company or a limited liability company, a copy of the articles of organization; b. If the owner is a partnership, a listing of all partners and their current addresses; c. If the applicant is an owner, a completed attestation regarding the owner's financial ability to operate the school for at least 3 months, and for schools operated by a public high school, community college, university, or other governmental institution, this requirement is waived; d. A copy of the official enrollment agreement or student contract to be used by the school, which shall be consistent with the requirements of this Act, rules, and other applicable laws; e. A listing of all teachers who will be in the school's employ, including their teacher license numbers; f. A copy of the curricula that will be followed; g. The names, addresses, and current licensure and operating status of all schools in which the applicant has previously owned any interest, and a declaration as to whether any of these schools were ever denied accreditation or licensing or lost accreditation or licensing from any governmental body or accrediting agency; h. Each application for a certificate of approval shall be signed and certified under oath by the school's chief managing employee; i. A copy of the school's official transcript; j. The required fee; and. k. A disclosure of all licenses issued by the Department of all owners, partners, or members of the school, including license numbers and the current status of the license. 3. Each application for a license to operate a school shall also contain the following commitments: a. To conduct the school in accordance with this Act and the standards, and rules from time to time adopted under this Act and to meet standards and requirements at least as stringent as those required by Part H of the Federal Higher Education Act of 1965. b. To permit the Department to inspect the school or classes thereof from time to time with or without notice; and to make available to the Department, at any time when required to do so, information including financial information pertaining to the activities of the school required for the administration of this Act and the standards and rules adopted under this Act; c. To utilize only advertising and solicitation which is free from misrepresentation, deception, fraud, or other misleading or unfair trade practices; d. To screen applicants to the school prior to enrollment pursuant to the requirements of the school's regional or national accrediting agency, if any, and to maintain any and all records of such screening. If the course of instruction is offered in a language other than English, the screening shall also be performed in that language; e. To post in a conspicuous place a statement, developed by the Department, of student's rights provided under this Act. 4. The applicant shall establish to the satisfaction of the Department that the owner possesses sufficient liquid assets to meet the prospective expenses of the school for a period of 3 months. In the discretion of the Department, additional proof of financial ability may be required. 5. The applicant shall comply with all rules of the Department determining the necessary curriculum and equipment required for the conduct of the school. 6. The applicant must demonstrate employment of a sufficient number of qualified teachers who are holders of a current license issued by the Department. 7. A final inspection of the barber, cosmetology, esthetics, hair braiding, or nail technology school shall be made by the Department before the school may commence classes. 8. A written inspection report must be made by the State Fire Marshal or a local fire authority approving the use of the proposed premises as a barber, cosmetology, esthetics, hair braiding, or nail technology school.

Legislative History

(Source: P.A. 104-153, eff. 1-1-26 .)