1998 Minnesota Statutes

CHAPTER 154. Barbers

     154.01 Registration mandatory. 

    (a) No person shall practice, offer to practice, or attempt 
 to practice barbering without a current certificate of 
 registration as a registered barber, issued pursuant to 
 provisions of this chapter by the board of barber examiners.  

    (b) No person shall serve, offer to serve, or attempt to 
 serve as an apprentice under a registered barber without a 
 current certificate of registration as a registered apprentice 
 or temporary apprentice permit issued pursuant to provisions of 
 this chapter by the board of barber examiners.  The registered 
 apprentice shall, prior to or immediately upon issuance of the 
 apprentice's certificate of registration, and immediately after 
 changing employment, advise the board of the name, address, and 
 certificate number of the registered barber under whom the 
 registered apprentice is working.  

    (c) No person shall operate a barber shop unless it is at 
 all times under the direct supervision and management of a 
 registered barber and the owner or operator of the barber shop 
 possesses a current shop registration card, issued under this 
 chapter by the board of barber examiners.  

    (d) No person shall serve, offer to serve, or attempt to 
 serve as an instructor of barbering without a current 
 certificate of registration as a registered instructor of 
 barbering or a temporary permit as an instructor of barbering, 
 as provided for the board by rule, issued under this chapter by 
 the board of barber examiners. 

    (e) No person shall operate a barber school unless the 
 owner or operator possesses a current certificate of 
 registration as a barber school, issued under this chapter by 
 the board of barber examiners. 

    HIST: (5846-1) 1927 c 316 s 1; 1929 c 270 s 1; 1986 c 444; 
 1991 c 282 s 1 

     154.02 What constitutes barbering.  

    Any one or any combination of the following practices when 
 done upon the head and neck for cosmetic purposes and not for 
 the treatment of disease or physical or mental ailments and when 
 done for payment directly or indirectly or without payment for 
 the public generally constitutes the practice of barbering 
 within the meaning of this chapter:  to shave, trim the beard, 
 cut or bob the hair of any person of either sex for compensation 
 or other reward received by the person performing such service 
 or any other person; to give facial and scalp massage or 
 treatments with oils, creams, lotions, or other preparations 
 either by hand or mechanical appliances; to singe, shampoo the 
 hair, or apply hair tonics; or to apply cosmetic preparations, 
 antiseptics, powders, oils, clays, or lotions to scalp, face, or 
 neck.  

    HIST: (5846-2) 1927 c 316 s 2; 1929 c 270 s 2; 1935 c 229 s 1 

     154.03 Apprentices may be employed. 

    A registered apprentice may practice barbering only if the 
 registered apprentice is, at all times, under the immediate 
 personal supervision of a registered barber and is in compliance 
 with this chapter and the rules of the board.  

    HIST: (5846-3) 1927 c 316 s 3; 1929 c 270 s 3; 1973 c 376 s 1; 
 1983 c 243 s 2; 1986 c 444; 1991 c 282 s 2 

     154.04 Persons exempt from registration. 

    The following persons are exempt from the provisions of 
 this chapter while in the proper discharge of their professional 
 duties: 

    (1) persons authorized by the law of this state to practice 
 medicine, surgery, osteopathy, and chiropractic; 

    (2) commissioned medical or surgical officers of the United 
 States armed services; 

    (3) registered nurses, licensed practical nurses, and 
 nursing aides performing services under the direction and 
 supervision of a registered nurse, provided, however, that no 
 additional compensation shall be paid for such service and 
 patients who are so attended shall not be charged for barbering; 

    (4) persons practicing beauty culture, provided, however, 
 that persons practicing beauty culture shall not hold themselves 
 out as barbers or, except in the case of manicurists, practice 
 their occupation in a barber shop; and 

    (5) persons who perform barbering services for charitable 
 purposes in nursing homes, shelters, missions, or other similar 
 facilities, provided, however, that no direct or indirect 
 compensation is received for the services, and that persons who 
 receive barbering services are not charged for the services. 

    HIST: (5846-4) 1927 c 316 s 4; 1929 c 270 s 4; 1973 c 597 s 1; 
 1974 c 62 s 2; 1976 c 222 s 104; 1991 c 282 s 3; 1995 c 59 s 1 

     154.05 Who may receive certificates of registration as a 
  registered barber. 

    A person is qualified to receive a certificate of 
 registration as a registered barber: 

    (1) who is qualified under the provisions of section 
 154.06; 

    (2) who has practiced as a registered apprentice for a 
 period of 12 months under the immediate personal supervision of 
 a registered barber; and 

    (3) who has passed an examination conducted by the board to 
 determine fitness to practice barbering.  

    An applicant for a certificate of registration to practice 
 as a registered barber who fails to pass the examination 
 conducted by the board shall continue to practice as an 
 apprentice for an additional two months before being again 
 entitled to take the examination for a registered barber.  

    HIST: (5846-5) 1927 c 316 s 5; 1929 c 270 s 5; 1945 c 160 s 1; 
 1986 c 444; 1988 c 476 s 1; 1991 c 282 s 4 

     154.06 Who may receive certificates of registration as a 
  registered apprentice. 

    A person is qualified to receive a certificate of 
 registration as a registered apprentice: 

    (1) who has completed at least ten grades of an approved 
 school; 

    (2) who has graduated from a barber school approved by the 
 board; and 

    (3) who has passed an examination conducted by the board to 
 determine fitness to practice as a registered apprentice.  

    An applicant for a certificate of registration to practice 
 as an apprentice who fails to pass the examination conducted by 
 the board is required to complete a further course of study of 
 at least 500 hours, of not more than eight hours in any one 
 working day, in a barber school approved by the board.  

    A certificate of registration of an apprentice shall be 
 valid for four years from the date the certificate of 
 registration is issued by the board and shall not be renewed.  
 During such four-year period the certificate of registration 
 shall remain in full force and effect only if the apprentice 
 complies with all the provisions of this chapter, as amended, 
 including the payment of an annual fee, and the rules of the 
 board.  

    If any registered apprentice shall, during the term in 
 which the certificate of registration is in effect, enter full 
 time active duty in the armed forces of the United States of 
 America, the expiration date of the certificate of registration 
 shall be extended by a period of time equal to the period or 
 periods of active duty.  

    HIST: (5846-6) 1927 c 316 s 6; 1929 c 270 s 6; 1935 c 229 s 2; 
 1945 c 160 s 2; Ex1967 c 31 s 1; 1969 c 916 s 1; 1985 c 248 s 
 70; 1986 c 444; 1991 c 282 s 5 

     154.065 Barber schools and colleges. 

    Subdivision 1. Repealed, 1991 c 282 s 23 

    Subd. 2.    Qualifications.  A person is qualified to 
 receive a certificate of registration as an instructor of 
 barbering who: 

    (1) is a graduate from an approved high school, or its 
 equivalent, as determined by examination by the department of 
 children, families, and learning; 

    (2) has qualified for a teacher's or instructor's 
 vocational certificate; 

    (3) has at least three years experience as a registered 
 barber in this state, or its equivalent as determined by the 
 board; and 

    (4) has passed an examination conducted by the board to 
 determine fitness to instruct in barbering. 

    A certificate of registration under this section is 
 provisional until a teacher's or instructor's vocational 
 certificate has been issued by the department of children, 
 families, and learning.  A provisional certificate of 
 registration is valid for 30 days and is not renewable.  

    Subd. 3. Repealed, 1991 c 282 s 23 

    Subd. 4.    Examinations.  Examinations under this 
 section shall be held not to exceed twice a year at times and at 
 a place or places to be determined by the board.  In case of an 
 emergency, there being no registered instructor of barbering 
 available, a temporary certificate as an instructor of 
 barbering, valid only until the results of the next examination 
 are released, may be issued upon such terms and conditions as 
 the board may prescribe. 

    Subd. 5. Repealed, 1991 c 282 s 23 

    Subd. 6.  Repealed, 1976 c 222 s 209 

    Subd. 7. Repealed, 1991 c 282 s 23 

    Subd. 8. Repealed, 1991 c 282 s 23 

    HIST: 1945 c 159; 1967 c 692 s 1,2; 1985 c 248 s 70; 1986 c 
 444; 1989 c 62 s 1; 1991 c 282 s 6,7; 1Sp1995 c 3 art 16 s 13 

     154.07 Barber schools; requirements. 

    Subdivision 1.    Admission requirements; course of 
 instruction.  No barber school shall be approved by the board 
 unless it requires, as a prerequisite to admission thereto, ten 
 grades of an approved school or its equivalent, as determined by 
 an examination conducted by the board of education, which shall 
 issue a certificate that the student has passed the required 
 examination, and unless it requires, as a prerequisite to 
 graduation, a course of instruction of at least 1,500 hours, of 
 not more than eight hours in any one working day; such course of 
 instruction to include the following subjects:  scientific 
 fundamentals for barbering, hygiene, practical study of the 
 hair, skin, muscles, and nerves, structure of the head, face, 
 and neck, elementary chemistry relating to sterilization and 
 antiseptics; diseases of the skin, hair, glands, massaging and 
 manipulating the muscles of the face and neck, haircutting, 
 shaving, and trimming the beard; bleaching, tinting and dyeing 
 the hair, and the chemical straightening of hair. 

    Subd. 2. Repealed, 1991 c 282 s 23 

    Subd. 3.    Costs.  It shall be permissible for barber 
 schools to make a reasonable charge for materials used and 
 services rendered by students for work done in such schools by 
 students. 

    Subd. 3a.    Number of instructors.  There shall be one 
 registered instructor of barbering for every 17 students or 
 minor fraction in excess of 17.  No instruction shall be 
 performed by persons not possessing a certificate of 
 registration as an instructor of barbering or a temporary permit 
 as an instructor of barbering. 

    Subd. 4.    Building requirements.  Each barber school 
 shall be conducted and operated in one building, or in 
 connecting buildings, and no barber school shall have any 
 department or branch in a building completely separated or 
 removed from the remainder of the barber school. 

    Subd. 5.    Owner's requirements.  Any person may own 
 and operate a barber school if the person has had six years' 
 continuous experience as a barber, provided the person first 
 secures from the board an annual certificate of registration as 
 a barber school, keeps it prominently displayed, and before 
 commencing business: 

    (1) files with the secretary of state a bond to the state 
 approved by the attorney general in the sum of $25,000, 
 conditioned upon the faithful compliance of the barber school 
 with all the provisions herein, and to pay all judgments that 
 may be obtained against the school, or the owners thereof, on 
 account of fraud, misrepresentation, or deceit practiced by them 
 or their agents; and 

    (2) keeps prominently displayed on the exterior a 
 substantial sign indicating that the establishment is a barber 
 school. 

    Subd. 5a.    Student permits.  All barber schools upon 
 receiving students shall immediately apply to the board for 
 student permits upon forms for that purpose furnished by the 
 board. 

    Subd. 5b.    Designated operator.  When a person who 
 owns a barber school does not meet the requirements of this 
 section to operate a barber school, the owner shall notify the 
 board in writing and under oath of the identity of the person 
 designated to operate the barber school and shall notify the 
 board of any change of operator by telephone within 24 hours of 
 such change, exclusive of Saturdays, Sundays, and legal 
 holidays, and shall notify the board in writing and under oath 
 within 72 hours of such change. 

    Subd. 6.    Operation by technical college or state 
 institution.  A public technical college or a state 
 institution may operate a barber school provided it has in its 
 employment a qualified instructor holding a current certificate 
 of registration as a barber instructor and provided that it 
 secures from the board of barber examiners an annual certificate 
 of registration and does so in accordance with this chapter and 
 the rules of the board for barber schools but without the 
 requirement to file a performance bond with the secretary of 
 state. 

    HIST: (5846-7) 1927 c 316 s 7; 1929 c 270 s 7; 1935 c 229 s 3; 
 1945 c 160 s 3; Ex1967 c 31 s 2; 1969 c 567 s 3; 1971 c 150 s 1; 
 1973 c 254 s 3; 1977 c 430 s 25 subd 1; 1985 c 248 s 70; 1Sp1985 
 c 14 art 9 s 75; 1987 c 258 s 12; 1988 c 476 s 2; 1989 c 246 s 
 2; 1991 c 282 s 8-12 

     154.08 Application; fee.  

    Each applicant for an examination shall: 

    (1) Make application to the board of barber examiners on 
 blank forms prepared and furnished by it, such application to 
 contain proof under the applicant's oath of the particular 
 qualifications of the applicant; 

    (2) Furnish to the board two five inch x three inch signed 
 photographs of the applicant, one to accompany the application 
 and one to be returned to the applicant, to be presented to the 
 board when the applicant appears for examination; 

    (3) Pay to the board the required fee.  

    HIST: (5846-8) 1927 c 316 s 8; 1929 c 270 s 8 

  154.085 Repealed, 1991 c 282 s 23 

     154.09 Examinations, conduct and scope. 

    The board shall conduct examinations of applicants for 
 certificates of registration to practice as barbers and 
 apprentices not more than six times each year, at such time and 
 place as the board may determine.  An affidavit shall be filed 
 with the board by the proprietor of a barber school that 
 students applying to take the apprentice examination have 
 completed 1,500 hours in a barber school registered with the 
 board.  

    The examination of applicants for certificates of 
 registration as barbers and apprentices shall include both a 
 practical demonstration and a written and oral test and embrace 
 the subjects usually taught in barber schools registered with 
 the board.  

    HIST: (5846-9) 1927 c 316 s 9; 1929 c 270 s 9; 1935 c 229 s 4; 
 1945 c 160 s 4; 1969 c 916 s 2; 1988 c 476 s 3; 1991 c 282 s 13 

     154.10 Application; certificates of registration; fees. 

    Subdivision 1.    Application.  Each applicant for an 
 initial certificate of registration shall make application to 
 the board on forms prepared and furnished by the board with 
 proof under oath of the particular qualifications of each 
 applicant.  This application shall be accompanied by a fee 
 prescribed by law or the rules of the board to defray the 
 expenses of making investigation and for the examination of such 
 applicant. 

    Subd. 2.    Certificates of registration; fees.  When 
 the provisions of this chapter have been complied with, the 
 board shall issue a certificate of registration as a registered 
 barber, as a registered apprentice, as a registered instructor 
 of barbering, or as a registered barber school, a temporary 
 apprentice permit, a temporary permit as an instructor of 
 barbering, or a shop registration card upon payment of the 
 required fee.  Certificates of registration, temporary permits, 
 and shop registration cards are not transferable.  

    HIST: (5846-10) 1927 c 316 s 10; 1929 c 270 s 10; 1947 c 35 s 
 1; 1991 c 282 s 14 

     154.11 Examination of nonresident barbers and 
  instructors of barbering; temporary apprentice permits. 

    Subdivision 1.    Examination of nonresidents.  A person 
 who meets all of the requirements for licensure in this chapter 
 and either has a license, certificate of registration, or an 
 equivalent as a practicing barber or instructor of barbering 
 from another state or country which in the discretion of the 
 board has substantially the same requirements for licensing or 
 registering barbers and instructors of barbering as required by 
 this chapter or can prove by sworn affidavits practice as a 
 barber or instructor of barbering in another state or country 
 for at least five years immediately prior to making application 
 in this state, shall, upon payment of the required fee, be 
 issued a certificate of registration without examination, 
 provided that the other state or country grants the same 
 privileges to holders of Minnesota certificates of registration. 

    Subd. 2.    Temporary apprentice permits for nonresidents. 
  Any person who qualifies for examination as a registered 
 barber under this section may apply for a temporary apprentice 
 permit which is effective no longer than six months.  All 
 persons holding a temporary apprentice permit are subject to all 
 provisions of this chapter and the rules adopted by the board 
 under it concerning the conduct and obligations of registered 
 apprentices. 

    HIST: (5846-11) 1927 c 316 s 11; 1929 c 270 s 11; 1935 c 229 s 
 5; 1986 c 444; 1991 c 282 s 15; 1994 c 632 art 4 s 54 

     154.12 Examination of nonresident apprentices. 

    A person who meets all of the requirements for licensure in 
 this chapter who has a license, a certificate of registration, 
 or their equivalent as an apprentice in a state or country which 
 in the discretion of the board has substantially the same 
 requirements for registration as an apprentice as is provided by 
 this chapter shall, upon payment of the required fee, be issued 
 a certificate of registration without examination, provided that 
 the other state or country grants the same privileges to holders 
 of Minnesota certificates of registration. 

    HIST: (5846-12) 1927 c 316 s 12; 1929 c 270 s 12; 1935 c 229 s 
 6; 1986 c 444; 1991 c 282 s 16; 1994 c 632 art 4 s 55 

  154.13 Repealed, 1991 c 282 s 23 

     154.14 Certificates of registration and temporary 
  permits to be displayed. 

    Every holder of a certificate of registration as a 
 registered barber or registered apprentice or temporary 
 apprentice permit shall display it in a conspicuous place 
 adjacent to or near the chair where work is performed.  Every 
 holder of a certificate of registration as an instructor of 
 barbering or as a barber school, of a temporary permit as an 
 instructor of barbering, and of a shop registration card shall 
 display it in a conspicuous place accessible to the public.  

    HIST: (5846-14) 1927 c 316 s 14; 1929 c 270 s 14; 1986 c 444; 
 1991 c 282 s 17 

     154.15 Certificates of registration must be renewed 
  annually. 

    Subdivision 1.    Annual renewal required.  All 
 registered barbers, registered apprentices, and registered 
 instructors of barbering who continue in active practice or 
 service shall, on or before December 31 each year, renew their 
 certificates of registration for the following year and pay the 
 required fee.  Every certificate of registration which has not 
 been renewed during the month of December in any year shall 
 expire on the 31st day of December in that year.  All shop 
 registration cards shall be renewed on or before June 30 of each 
 year upon payment of the required fee.  All certificates of 
 registration as a barber school shall be renewed on or before 
 December 31 of each year upon payment of the required fee. 

    Subd. 2.    Effect of failure to renew.  A registered 
 barber or a registered apprentice who has not renewed a 
 certificate of registration may be reinstated within one year of 
 such failure to renew without examination upon the payment of 
 the required restoration fee.  A registered instructor of 
 barbering who has not renewed a certificate of registration may 
 be reinstated within three years of such failure to renew 
 without examination upon payment of the required restoration 
 fee.  All registered barbers and registered apprentices who 
 allow their certificates of registration to lapse for more than 
 one year shall be required to reexamine before being issued a 
 certificate of registration.  All registered instructors of 
 barbering who allow their certificates of registration to lapse 
 for more than three years shall be required to reexamine before 
 being issued a certificate of registration.  

    HIST: (5846-15) 1927 c 316 s 15; 1929 c 270 s 15; 1935 c 229 s 
 7; 1986 c 444; 1991 c 282 s 18 

  154.16 Repealed, 1994 c 632 art 4 s 84 

     154.161 Registration; issuance, revocation, suspension, 
  denial. 

    Subdivision 1.    Proceedings.  If the board, or a 
 complaint committee if authorized by the board, has a reasonable 
 basis for believing that a person has engaged in or is about to 
 engage in a violation of a statute, rule, or order that the 
 board has adopted or issued or is empowered to enforce, the 
 board or complaint committee may proceed as provided in 
 subdivision 2 or 3.  Except as otherwise provided in this 
 section, all hearings must be conducted in accordance with the 
 Administrative Procedure Act. 

    Subd. 2.    Legal actions.  (a) When necessary to 
 prevent an imminent violation of a statute, rule, or order that 
 the board has adopted or issued or is empowered to enforce, the 
 board, or a complaint committee if authorized by the board, may 
 bring an action in the name of the state in the district court 
 of Ramsey county in which jurisdiction is proper to enjoin the 
 act or practice and to enforce compliance with the statute, 
 rule, or order.  On a showing that a person has engaged in or is 
 about to engage in an act or practice that constitutes a 
 violation of a statute, rule, or order that the board has 
 adopted or issued or is empowered to enforce, the court shall 
 grant a permanent or temporary injunction, restraining order, or 
 other appropriate relief. 

    (b) For purposes of injunctive relief under this 
 subdivision, irreparable harm exists when the board shows that a 
 person has engaged in or is about to engage in an act or 
 practice that constitutes violation of a statute, rule, or order 
 that the board has adopted or issued or is empowered to enforce. 

    (c) Injunctive relief granted under paragraph (a) does not 
 relieve an enjoined person from criminal prosecution by a 
 competent authority, or from action by the board under 
 subdivision 3, 4, 5, or 6 with respect to the person's license, 
 certificate, or application for examination, license, or renewal.

    Subd. 3.    Cease and desist orders.  (a) The board, or 
 complaint committee if authorized by the board, may issue and 
 have served upon an unlicensed person, or a holder of a 
 certificate of registration or a shop registration card, an 
 order requiring the person to cease and desist from an act or 
 practice that constitutes a violation of a statute, rule, or 
 order that the board has adopted or issued or is empowered to 
 enforce.  The order must (1) give reasonable notice of the 
 rights of the person named in the order to request a hearing, 
 and (2) state the reasons for the entry of the order.  No order 
 may be issued under this subdivision until an investigation of 
 the facts has been conducted under section 214.10. 

    (b) Service of the order under this subdivision is 
 effective when the order is personally served on the person or 
 counsel of record, or served by certified mail to the most 
 recent address provided to the board for the person or counsel 
 of record. 

    (c) The board must hold a hearing under this subdivision 
 not later than 30 days after the board receives the request for 
 the hearing, unless otherwise agreed between the board, or 
 complaint committee if authorized by the board, and the person 
 requesting the hearing. 

    (d) Notwithstanding any rule to the contrary, the 
 administrative law judge must issue a report within 30 days of 
 the close of the contested case hearing.  Within 30 days after 
 receiving the report and subsequent exceptions and argument, the 
 board shall issue a further order vacating, modifying, or making 
 permanent the cease and desist order.  If no hearing is 
 requested within 30 days of service of the order, the order 
 becomes final and remains in effect until modified or vacated by 
 the board. 

    Subd. 4.    License actions.  (a) With respect to a 
 person who is a holder of or applicant for a licensee or shop 
 registration card under this chapter, the board may by order 
 deny, refuse to renew, suspend, temporarily suspend, or revoke 
 the application, certificate of registration, or shop 
 registration card, censure or reprimand the person, refuse to 
 permit the person to sit for examination, or refuse to release 
 the person's examination grades, if the board finds that such an 
 order is in the public interest and that, based on a 
 preponderance of the evidence presented, the person has: 

    (1) violated a statute, rule, or order that the board has 
 adopted or issued or is empowered to enforce; 

    (2) engaged in conduct or acts that are fraudulent, 
 deceptive, or dishonest, whether or not the conduct or acts 
 relate to the practice of barbering, if the fraudulent, 
 deceptive, or dishonest conduct or acts reflect adversely on the 
 person's ability or fitness to engage in the practice of 
 barbering; 

    (3) engaged in conduct or acts that constitute malpractice, 
 are negligent, demonstrate incompetence, or are otherwise in 
 violation of the standards in the rules of the board, where the 
 conduct or acts relate to the practice of barbering; 

    (4) employed fraud or deception in obtaining a certificate 
 of registration, shop registration card, renewal, or 
 reinstatement, or in passing all or a portion of the 
 examination; 

    (5) had a certificate of registration or shop registration 
 card, right to examine, or other similar authority revoked in 
 another jurisdiction; 

    (6) failed to meet any requirement for issuance or renewal 
 of the person's certificate of registration or shop registration 
 card; 

    (7) practiced as a barber while having an infectious or 
 contagious disease; 

    (8) advertised by means of false or deceptive statements; 

    (9) demonstrated intoxication or indulgence in the use of 
 drugs, including but not limited to narcotics as defined in 
 section 152.01 or in United States Code, title 26, section 4731, 
 barbiturates, amphetamines, benzedrine, dexedrine, or other 
 sedatives, depressants, stimulants, or tranquilizers; 

    (10) demonstrated unprofessional conduct or practice; 

    (11) permitted an employee or other person under the 
 person's supervision or control to practice as a registered 
 barber, registered apprentice, or registered instructor of 
 barbering unless that person has (i) a current certificate of 
 registration as a registered barber, registered apprentice, or 
 registered instructor of barbering, (ii) a temporary apprentice 
 permit, or (iii) a temporary permit as an instructor of 
 barbering; 

    (12) practices, offered to practice, or attempted to 
 practice by misrepresentation; 

    (13) failed to display a certificate of registration as 
 required by section 154.14; 

    (14) used any room or place of barbering that is also used 
 for any other purpose, or used any room or place of barbering 
 that violates the board's rules governing sanitation; 

    (15) in the case of a barber, apprentice, or other person 
 working in or in charge of any barber shop, or any person in a 
 barber school engaging in the practice of barbering, failed to 
 use separate and clean towels for each customer or patron, or to 
 discard and launder each towel after being used once; 

    (16) in the case of a barber or other person in charge of 
 any barber shop or barber school, (i) failed to supply in a 
 sanitary manner clean hot and cold water in quantities necessary 
 to conduct the shop or barbering service for the school, (ii) 
 failed to have water and sewer connections from the shop or 
 barber school with municipal water and sewer systems where they 
 are available for use, or (iii) failed or refused to maintain a 
 receptacle for hot water of a capacity of at least five gallons; 

    (17) refused to permit the board to make an inspection 
 permitted or required by this chapter, or failed to provide the 
 board or the attorney general on behalf of the board with any 
 documents or records they request; 

    (18) failed promptly to renew a certificate of registration 
 or shop registration card when remaining in practice, pay the 
 required fee, or issue a worthless check; 

    (19) failed to supervise a registered apprentice or 
 temporary apprentice, or permitted the practice of barbering by 
 a person not registered with the board or not holding a 
 temporary permit; 

    (20) refused to serve a customer because of race, color, 
 creed, religion, disability, national origin, or sex; 

    (21) failed to comply with a provision of chapter 141 or a 
 provision of another chapter that relates to barber schools; or 

    (22) with respect to temporary suspension orders, has 
 committed an act, engaged in conduct, or committed practices 
 that the board, or complaint committee if authorized by the 
 board, has determined may result or may have resulted in an 
 immediate threat to the public. 

    (b) In lieu of or in addition to any remedy under paragraph 
 (a), the board may as a condition of continued registration, 
 termination of suspension, reinstatement of registration, 
 examination, or release of examination results, require that the 
 person: 

    (1) submit to a quality review of the person's ability, 
 skills, or quality of work, conducted in a manner and by a 
 person or entity that the board determines; or 

    (2) complete to the board's satisfaction continuing 
 education as the board requires. 

    (c) Service of an order under this subdivision is effective 
 if the order is served personally on, or is served by certified 
 mail to the most recent address provided to the board by, the 
 licensee, certificate holder, applicant, or counsel of record.  
 The order must state the reason for the entry of the order. 

    (d) Except as provided in subdivision 5, paragraph (c), all 
 hearings under this subdivision must be conducted in accordance 
 with the Administrative Procedure Act. 

    Subd. 5.    Temporary suspension.  (a) When the board, 
 or complaint committee if authorized by the board, issues a 
 temporary suspension order, the suspension provided for in the 
 order is effective on service of a written copy of the order on 
 the licensee, certificate holder, or counsel of record.  The 
 order must specify the statute, rule, or order violated by the 
 licensee or certificate holder.  The order remains in effect 
 until the board issues a final order in the matter after a 
 hearing, or on agreement between the board and the licensee or 
 certificate holder. 

    (b) An order under this subdivision may (1) prohibit the 
 licensee or certificate holder from engaging in the practice of 
 barbering in whole or in part, as the facts require, and (2) 
 condition the termination of the suspension on compliance with a 
 statute, rule, or order that the board has adopted or issued or 
 is empowered to enforce.  The order must state the reasons for 
 entering the order and must set forth the right to a hearing as 
 provided in this subdivision. 

    (c) Within ten days after service of an order under this 
 subdivision the licensee or certificate holder may request a 
 hearing in writing.  The board must hold a hearing before its 
 own members within five working days of the request for a 
 hearing.  The sole issue at such a hearing must be whether there 
 is a reasonable basis to continue, modify, or terminate the 
 temporary suspension.  The hearing is not subject to the 
 Administrative Procedure Act.  Evidence presented to the board 
 or the licensee or certificate holder may be in affidavit form 
 only.  The licensee, certificate holder, or counsel of record 
 may appear for oral argument. 

    (d) Within five working days after the hearing, the board 
 shall issue its order and, if the order continues the 
 suspension, shall schedule a contested case hearing within 30 
 days of the issuance of the order.  Notwithstanding any rule to 
 the contrary, the administrative law judge shall issue a report 
 within 30 days after the closing of the contested case hearing 
 record.  The board shall issue a final order within 30 days of 
 receiving the report. 

    Subd. 6.    Violations; penalties; costs.  (a) The board 
 may impose a civil penalty of up to $2,000 per violation on a 
 person who violates a statute, rule, or order that the board has 
 adopted or issued or is empowered to enforce. 

    (b) In addition to any penalty under paragraph (a), the 
 board may impose a fee to reimburse the board for all or part of 
 the cost of (1) the proceedings resulting in disciplinary action 
 authorized under this section, (2) the imposition of a civil 
 penalty under paragraph (a), or (3) the issuance of a cease and 
 desist order.  The board may impose a fee under this paragraph 
 when the board shows that the position of the person who has 
 violated a statute, rule, or order that the board has adopted or 
 issued or is empowered to enforce is not substantially justified 
 unless special circumstances make such a fee unjust, 
 notwithstanding any rule to the contrary.  Costs under this 
 paragraph include, but are not limited to, the amount paid by 
 the board for services from the office of administrative 
 hearings, attorneys' fees, court reporter costs, witness costs, 
 reproduction of records, board members' compensation, board 
 staff time, and expense incurred by board members and staff. 

    (c) All hearings under this subdivision must be conducted 
 in accordance with the Administrative Procedure Act. 

    Subd. 7.    Reinstatement.  The board may reinstate a 
 suspended, revoked, or surrendered certificate of registration 
 or shop registration card, on petition of the former or 
 suspended registrant.  The board may in its sole discretion 
 place any conditions on reinstatement of a suspended, revoked, 
 or surrendered certificate of registration or shop registration 
 card that it finds appropriate and necessary to ensure that the 
 purposes of this chapter are met.  No certificate of 
 registration or shop registration card may be reinstated until 
 the former registrant has completed at least one-half of the 
 suspension period. 

    HIST: 1994 c 632 art 4 s 56; 1995 c 186 s 45; 1998 c 254 art 1 
 s 54 

  154.165 Repealed, 1994 c 632 art 4 s 84 

  154.17 Repealed, 1991 c 282 s 23 

     154.18 Fees. 

    The fees collected, as required in this chapter, chapter 
 214, and the rules of the board, shall be paid in advance to the 
 executive secretary of the board.  The executive secretary shall 
 deposit the fees in the state treasury, to be disbursed by the 
 executive secretary on the order of the chair in payment of 
 expenses lawfully incurred by the board. 

    HIST: (5846-18) 1927 c 316 s 18; 1929 c 270 s 18; 1947 c 373 s 
 1; 1967 c 593 s 3; 1967 c 692 s 3; 1973 c 376 s 3; 1986 c 444; 
 1988 c 476 s 4; 1991 c 282 s 21 

     154.19 Violations. 

    Each of the following constitutes a misdemeanor: 

    (1) The violation of any of the provisions of section 
 154.01; 

    (2) Permitting any person in one's employ, supervision, or 
 control to practice as a registered barber or registered 
 apprentice unless that person has a certificate of registration 
 as a registered barber or registered apprentice; 

    (3) Obtaining or attempting to obtain a certificate of 
 registration for money other than the required fee, or any other 
 thing of value, or by fraudulent misrepresentation; 

    (4) Practicing or attempting to practice by fraudulent 
 misrepresentation; 

    (5) The willful failure to display a certificate of 
 registration as required by section 154.14; 

    (6) The use of any room or place for barbering which is 
 also used for residential or business purposes, except the sale 
 of hair tonics, lotions, creams, cutlery, toilet articles, 
 cigars, tobacco, candies in original package, and such 
 commodities as are used and sold in barber shops, and except 
 that shoe-shining and an agency for the reception and delivery 
 of laundry, or either, may be conducted in a barber shop without 
 the same being construed as a violation of this section, unless 
 a substantial partition of ceiling height separates the portion 
 used for residential or business purposes, and where a barber 
 shop is situated in a residence, poolroom, confectionery, store, 
 restaurant, garage, clothing store, liquor store, hardware 
 store, or soft drink parlor, there must be an outside entrance 
 leading into the barber shop independent of any entrance leading 
 into such business establishment, except that this provision as 
 to an outside entrance shall not apply to barber shops in 
 operation at the time of the passage of this chapter and except 
 that a barber shop and beauty parlor may be operated in 
 conjunction, without the same being separated by partition of 
 ceiling height; 

    (7) The failure or refusal of any barber or other person in 
 charge of any barber shop, or any person in barber schools or 
 colleges doing barber service work, to use separate and clean 
 towels for each customer or patron, or to discard and launder 
 each towel after once being used; 

    (8) The failure or refusal by any barber or other person in 
 charge of any barber shop or barber school or barber college to 
 supply clean hot and cold water in such quantities as may be 
 necessary to conduct such shop, or the barbering service of such 
 school or college, in a sanitary manner, or the failure or 
 refusal of any such person to have water and sewer connections 
 from such shop, or barber school or college, with municipal 
 water and sewer systems where the latter are available for use, 
 or the failure or refusal of any such person to maintain a 
 receptacle for hot water of a capacity of not less than five 
 gallons; 

    (9) For the purposes of this chapter, barbers, students, 
 apprentices, or the proprietor or manager of a barber shop, or 
 barber school or barber college, shall be responsible for all 
 violations of the sanitary provisions of this chapter, and if 
 any barber shop, or barber school or barber college, upon 
 inspection, shall be found to be in an unsanitary condition, the 
 person making such inspection shall immediately issue an order 
 to place the barber shop, or barber school, or barber college, 
 in a sanitary condition, in a manner and within a time 
 satisfactory to the board of barber examiners, and for the 
 failure to comply with such order the board shall immediately 
 file a complaint for the arrest of the persons upon whom the 
 order was issued, and any licensed barber who shall fail to 
 comply with the rules adopted by the board of barber examiners, 
 with the approval of the state commissioner of health, or the 
 violation or commission of any of the offenses described in 
 section 154.16, clauses (1), (2), (3), (4), (5), (6), (7), (8), 
 (9), and of clauses (1), (2), (3), (4), (5), (6), (7), (8), and 
 (9) of this section, shall be fined not less than $10 or 
 imprisoned for ten days and not more than $100 or imprisoned for 
 90 days. 

    HIST: (5846-19) 1927 c 316 s 19; 1929 c 270 s 19; 1929 c 386 s 
 1; 1935 c 229 s 9; 1945 c 160 s 5; 1977 c 305 s 45; 1985 c 248 s 
 70 

     154.20 Receptacles for towels.  

    In each barber shop there shall be provided a receptacle or 
 receptacles for soiled towels.  Each barber shall, immediately 
 after the completion of the service to the customer, place the 
 towels used on the customer in the receptacles and no towel 
 shall be withdrawn from the receptacle and used on any customer 
 until the towel has been laundered.  A violation of any 
 provision of this section shall be a misdemeanor.  

    HIST: (5846-19 1/2) 1929 c 270 s 20 

     154.21 Perjury.  

    The willful making of any false statement as to a material 
 matter in any oath or affidavit which is required by the 
 provisions of this chapter is perjury and punishable as such.  

    HIST: (5846-20) 1927 c 316 s 20; 1929 c 270 s 21 

     154.22 Board of barber examiners created; terms. 

    A board of barber examiners is established to consist of 
 four members appointed by the governor.  Three of such members 
 shall be persons who have practiced as a registered barber in 
 this state for at least five years immediately prior to their 
 appointment; shall be graduates from the 12th grade of a high 
 school or have equivalent education, and shall have knowledge of 
 the matters to be taught in registered barber schools, as set 
 forth in section 154.07.  The remaining member of the board 
 shall be a public member as defined by section 214.02.  One of 
 the members shall be a member of, or recommended by, a union of 
 journeymen barbers which shall have existed at least two years, 
 and one shall be a member of, or recommended by, a professional 
 organization of barbers. 

    Membership terms, compensation of members, removal of 
 members, the filling of membership vacancies, and fiscal year 
 and reporting requirements shall be as provided in sections 
 214.07 to 214.09.  The provision of staff, administrative 
 services and office space; the review and processing of 
 complaints; the setting of board fees; and other provisions 
 relating to board operations shall be as provided in chapter 214.

    Members appointed to fill vacancies caused by death, 
 resignation, or removal shall serve during the unexpired term of 
 their predecessors. 

    HIST: (5846-21) 1927 c 316 s 21; 1929 c 270 s 22; 1973 c 376 s 
 4; 1973 c 638 s 34; 1975 c 136 s 38; 1976 c 222 s 105; 1976 c 
 239 s 60; 1991 c 199 art 1 s 47; 1991 c 282 s 22 

     154.23 Officers; compensation; fees; expenses. 

    The board of barber examiners shall annually elect a chair 
 and secretary.  It shall adopt and use a common seal for the 
 authentication of its orders and records.  The board shall 
 appoint an executive secretary who shall not be a member of the 
 board and who shall be in the unclassified civil service. 

    The executive secretary shall keep a record of all 
 proceedings of the board.  The expenses of administering 
 sections 154.01 to 154.26 shall be paid from the appropriations 
 made to the board of barber examiners. 

    Each member of the board shall take the oath provided by 
 law for public officers. 

    A majority of the board, in meeting assembled, may perform 
 and exercise all the duties and powers devolving upon the board. 

    The members of the board shall receive compensation for 
 each day spent on board activities, but not to exceed 20 days in 
 any calendar month nor 100 days in any calendar year. 

    The board shall have authority to employ such inspectors, 
 clerks, deputies, and other assistants as it may deem necessary 
 to carry out the provisions of this chapter. 

    HIST: (5846-22) 1927 c 316 s 22; 1929 c 270 s 23; 1947 c 36 s 
 1; 1949 c 31 s 1; 1951 c 83 s 1; 1955 c 847 s 17; 1963 c 757 s 
 1; 1967 c 692 s 4; 1973 c 638 s 35; 1975 c 136 s 39; 1976 c 222 
 s 106; 1986 c 444 

     154.24 Rules. 

    The board of barber examiners shall have authority to make 
 reasonable rules for the administration of the provisions of 
 this chapter and prescribe sanitary requirements for barber 
 shops and barber schools, subject to the approval of the state 
 commissioner of health.  Any member of the board, or its agents 
 or 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 adopted by the board shall be 
 furnished by it to the owner or manager of each barber shop or 
 barber school and such copy shall be posted in a conspicuous 
 place in such barber shop or barber school. 

    The board shall keep a record of its proceedings relating 
 to the issuance, refusal, renewal, suspension, and revocation of 
 certificates of registration.  This record shall contain the 
 name, place of business and residence of each registered barber 
 and registered apprentice, and the date and number of the 
 certificate of registration.  This record shall be open to 
 public inspection at all reasonable times. 

    HIST: (5846-23) 1927 c 316 s 23; 1929 c 270 s 24; 1977 c 305 s 
 45; 1985 c 248 s 70; 1986 c 444 

     154.25 Not to serve certain persons.  

    No person practicing the occupation of a barber in any 
 barber shop, barber school, or college in this state shall 
 knowingly serve a person afflicted, in a dangerous or infectious 
 state of the disease, with erysipelas, eczema, impetigo, 
 sycosis, tuberculosis, or any other contagious or infectious 
 disease.  Any person so afflicted is hereby prohibited from 
 being served in any barber shop, barber school, or college in 
 this state.  Any violation of this section shall be considered a 
 misdemeanor as provided for in this chapter.  

    HIST: (5846-24) 1927 c 316 s 24; 1929 c 270 s 25 

     154.26 Municipalities may regulate hours.  

    The governing body of any city of this state may regulate 
 by ordinance the opening and closing hours of barber shops 
 within its municipal limits.  

    HIST: (5846-26 1/2) 1935 c 229 s 10; 1973 c 123 art 5 s 7