Barbering and cosmetology rules would change for businesses and apprentices

The state board would continue until January 1, 2031, and businesses would need the required establishment licenses. The rules cover establishments operated by people, firms, partnerships, limited liability companies, and corporations. Corporations and limited liability companies would need to stay registered and in good standing with the Secretary of State. A license would be suspended automatically if a corporation or limited liability company does not correct its status within 30 days after notice. A licensed person would need to be in charge whenever regulated services are being performed. The board would remain in place through December 31, 2030, and its governing section would be repealed on January 1, 2031.

The board would license a qualifying federally recognized tribe that applies to operate a business regulated by the barbering and cosmetology law. This covers federally recognized tribes located in California and entities controlled by and established for one or more such tribes. The tribe would need to apply and comply with the other requirements of the barbering and cosmetology law. Secretary of State registration, good standing, and related corporate-number requirements would not apply. The license would not give the board authority over activities within a participating tribe’s jurisdiction.

Apprenticeship sponsors would need approval from both the state apprenticeship division and the barbering board, while trainers and establishments would need board approval for on-the-job training. The rules cover barbering, cosmetology, and electrology apprenticeship programs, their sponsors, trainers, establishments, and apprentices. Sponsors would submit applications, fees, training plans, education-agency agreements, and apprentice agreements. Apprentices would need supervision by an approved licensee and could not be the only person working in an establishment. Programs could charge only for the actual cost of textbooks and minimum equipment. Establishments would need workers’ compensation insurance and would have to pay apprentices hourly wages; apprentices could not rent booths, work as independent contractors, or be paid by commission. Board approval for a sponsor would expire after two years unless renewed.

Schools would need board approval before operating, and the board could suspend, revoke, or deny approval for specified misconduct or violations. The rules cover schools teaching cosmetology, barbering, or electrology, including public schools and schools also subject to approval by the Bureau for Private Postsecondary Education. Schools would still need approved courses and the required equipment, space, practical training, and technical instruction. The board could act for serious or repeated safety, health, rule, licensing, or inspection violations. The bill would remove the requirement that a school have a specified minimum number of full-time students.

The board would require a person receiving remedial education for a first health-and-safety violation to finish the course within a deadline set by regulation. This applies to the board’s remedial education program used instead of a fine for a first health-and-safety violation. The board could charge a fee covering the reasonable cost of running the program. If the person misses the deadline, the board would impose the penalty that would otherwise have applied. The deadline would be set by board regulation and would apply to completion of the remedial course.