201 KAR 12:110. School license.


      RELATES TO: KRS 317A.060, 317A.090

      STATUTORY AUTHORITY: KRS 317A.050, 317A.060

      NECESSITY, FUNCTION, AND CONFORMITY: Each school owner shall submit an application to operate a school of cosmetology, furnish proof of financial responsibility, and meet all city, county, and state zoning, building, and plumbing codes.


      Section 1. Each person, firm or corporation applying for a license to operate a school of cosmetology shall submit an application provided by the board.


      Section 2. Each individual owner, or one (1) partner, in the instance of a partnership, or one (1) corporate officer in the instance of a corporation, shall submit a financial statement indicating financial assets in the amount of $10,000 for twenty (20) students enrolled and $1,000 for each additional student enrolled.


      Section 3. A person having any interest in operating a school shall submit a minimum of two (2) character references, proposed copy of student contract indicating all financial charges to enrolling students, and term of lease for location, if applicable.


      Section 4. Application for license to operate a school of cosmetology shall be accompanied by an architect's or draftsman's plan of proposed premises drawn to scale, showing the arrangements of the classroom, clinic area, mannequin area, dispensary, reception area, shampoo area, office and any other area of the school, entrance and exits, and placement of equipment.


      Section 5. A license to operate a cosmetology school carries the approval of this board and shall be valid only for the location and person, firm, or corporation named on application and license issued by the board. A school of cosmetology license shall not be transferable from one location to another or from one person, firm or corporation to another.


      Section 6. The owners, firm or corporation operating a school of cosmetology shall notify the board in writing twenty (20) days prior to selling, transferring, or changing of ownership and management of a school. Prospective ownership shall meet all qualifications of owning a school and have the approval of the board.


      Section 7. Following approval of the application to operate a school of cosmetology by the board, the site shall be inspected by a quorum of the board or by at least one (1) member of the board and the board administrator. A final inspection of the premises shall be conducted by the members of the board prior to issuing of license. All schools shall comply with city, county, and state zoning laws, plumbing and building codes. The construction or renovation of the proposed school shall be completed and a final inspection conducted by the board within twelve (12) months from the date of approval of the site. Any extension of this period of time shall be granted for good cause shown provided the request is presented, in writing, to the board.


      Section 8. Any cosmetology school owner, manager, or instructor who misrepresents facts to the board, to the students, or to the general public concerning any information regarding the school or any student enrolled in the school, or in any way violates administrative regulations adopted by this board, may be served notice to show cause before this board, why the school's license and the instructor's license should not be revoked.


      Section 9. Any person, establishment, firm or corporation which accepts, directly or indirectly, compensation for teaching persons any branch or subjects of cosmetology as defined in KRS 317A.010 shall be classified as a school and shall be required to comply with all the provisions of law and the rules and administrative regulations of this board.


      Section 10. The board shall not license a correspondence school, nor shall the board license any school of cosmetology in an establishment that teaches any other trade, profession or business, excluding vocational training schools.


      Section 11. A person who is an owner, partner, stockholder, corporate officer or who has any financial or other interest in the management and control of the school, shall not be enrolled in the school as a student.


      Section 12. A school of cosmetology shall not permit or require students to be in attendance at school more than forty (40) hours in any one (1) week.


      Section 13. Any school of cosmetology desiring night classes may, by proper application, be granted permission from the board to operate the classes. Under no condition shall the school operate past 10 p.m. local time.


      Section 14. (1) It shall be considered a conflict of interest and therefore impermissible for a member of the board or for an employee of the board to apply for a new school license or to apply for any existing school license under KRS 317A.090 and this administrative regulation. If any member of the board or any employee of the board desires to apply for a new school license or for any existing school license, the board member or employee of the board shall submit a letter of resignation to the board no later than thirty (30) days prior to submitting an application for a school license.

      (2) The board may choose not to consider any application for a school license submitted by a relative of a member of the board, by a relative of a board employee or by any person with whom a member of the board or a board employee shares a significant financial interest. Failure to make full disclosure to the board as to the exact nature of the relationship between the board member or employee of the board and the applicant may result in denial of approval of licensure.

      (3) The provisions of this section shall apply only to applications for licenses approved or filed, licenses issued, or actions of a person serving as a member of the board or as a board employee after June 10, 1986. (KBHC:Sch:Fac. 2-1; 2 Ky.R. 74; eff. 9-10-75; Am. 12 Ky.R. 672; eff. 1-3-86; 12 Ky.R. 1455; eff. 3-6-87; 20 Ky.R. 1032; 1782; eff. 1-10-94.)