§ 434 — License after examination; application to take

§ 434. License after examination; application to take. 1. Any person\nover the age of seventeen years, desiring a license to engage in the\npractice of barbering under this article, may make application to the\nsecretary of state therefor. The application shall be subscribed and\naffirmed by the applicant as true under the penalties of perjury. The\napplication shall be in such form and shall contain such information\nrelative to the applicant and his qualifications as may be prescribed by\nthe secretary of state. Each application shall be accompanied by:\n (a) Two recent photographs of the applicant of a size prescribed by\nthe secretary of state;\n (b) Satisfactory evidence of good moral character, except that in\ndetermining an applicant's good moral character, the secretary of state\nshall not automatically disqualify an applicant on the basis of a\ncriminal conviction. The secretary shall review such criminal history\ninformation in accordance with article twenty-three-A of the correction\nlaw;\n (c) The certificate of a duly licensed physician or nurse\npractitioner, on a form prescribed by the secretary of state, showing\nfreedom from any infectious or communicable disease which certificate\nshall have been issued within thirty days prior to the date of the\nfiling of the application;\n (d) Evidence of elementary education satisfactory to the secretary of\nstate;\n (e) Satisfactory evidence of the successful completion of a course of\nstudy in a school of barbering duly licensed pursuant to the education\nlaw or approved by the board of regents or, in lieu thereof,\nsatisfactory evidence of having pursued in good faith the theoretical\nand practical study of barbering for a period of at least two years\nunder the direct supervision and tutelage of one or more licensed\nbarbers, or, that the applicant has been lawfully, actually and\ncontinually engaged in the practice of barbering in any other state,\nterritory, protectorate or dependency of the United States, or any\nforeign country for a period of not less than three years prior to the\nfiling of an application for a license to engage in the practice of\nbarbering, or, that the applicant is the holder of a temporary license\nissued under section four hundred thirty-five of this article;\n (e-1) Evidence in the form of a certificate, issued by a state\nlicensed school of barbering, of the successful completion of a course\nof study approved by the education department concerning the\ntransmission of contagious diseases and the proper methods of sanitation\nand sterilization to be employed in barber shops, especially as they\nrelate to tools and instruments. The required course materials requisite\nto issuance of such certificate of successful completion may be provided\nby such state licensed school of barbering either at the school's\napproved premises or by long distance methods of instruction and\ntesting, as shall have been approved by the education department;\n (f) The application fee prescribed by this article; and\n (g) Satisfactory evidence of having taken and passed a written\nexamination offered by the secretary of state pursuant to this article.\n 2. The secretary of state shall prepare question papers which shall be\nthe same for all persons at any given examination. The questions may be\npartly written and partly oral. No person shall receive a license\nhereunder who has not actually demonstrated to the secretary of state\nthe applicant's ability and fitness to engage in the practice of\nbarbering in such practical tests as may be required by the secretary of\nstate.\n 3. Examinations shall be in the English language and may, in the\nreasonable discretion of the secretary of state, be translated or\ntransposed into any other language if requested by a person taking the\nexamination, upon satisfactory proof of the need therefor. They shall be\nheld at least quarterly and shall be given in at least four convenient\nplaces in the state.\n 4. If an applicant has successfully passed the examination therefor,\nand has otherwise qualified for a license, the secretary of state on\npayment of the fee prescribed by this article, shall issue to such\napplicant a license to engage in the practice of barbering.\n