201 KAR 12:125. Schools' student administrative regulations.

      RELATES TO: KRS 317A.090, 317B.020(3)(b), (c), (d), (f), (g), (i)

      STATUTORY AUTHORITY: KRS 317A.060, 317B.020(2)(b), (c), (d), (f), (g), (i)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 317A.090 and 317B.020 authorize the board to protect the health and safety of the public and to protect the general public and students enrolled in schools of cosmetology against misrepresentation, deceit, or fraud while seeking services or while enrolled. This administrative regulation establishes requirements for students and requirements for schools regarding students.

      Section 1. A student enrolled in a school of cosmetology shall not be permitted to receive a salary or commission from the school while enrolled as a student in the school.

      Section 2. A student shall not be permitted to smoke while providing services to patrons.

      Section 3. A student shall not be allowed to remain in the school to work on patrons upon completion of the required hours for the appropriate course of enrollment.

      Section 4. After graduation from school, a student shall not be allowed to return to that school or any other school for further practice or work in the pay departments without permission of the board.

      Section 5. A school shall, at all times, display in a centralized conspicuous place the enrollment permits of all students enrolled.

      Section 6. A school shall require a student to wear some kind of insignia, badge, cap, or marking on his or her uniforms to indicate that he or she is a student in the school.

      Section 7. A school shall require students to wear a clean washable uniform, coat, or smock while on school premises.

      Section 8. A student shall be on time for all class studies and work.

      Section 9. A student shall not be permitted to leave during school hours without special permission from the manager.

      Section 10. A student shall not be permitted to leave a class during a lecture or demonstration without permission from the instructor.

      Section 11. A student shall not be permitted to operate any equipment in which there is a known operating hazard.

      Section 12. All student kits containing all equipment, tools, and implements shall remain on school premises until completion of the course of enrollment or the student's withdrawal from the school.

      Section 13. A student desiring to change from one (1) school to another shall notify the school in which the student is presently enrolled of the student's withdrawal and shall complete an application for enrollment when entering another school.

      Section 14. A student shall be required to comply with the rules of his or her school, as long as those rules do not conflict with KRS Chapter 317A or the administrative regulations of the board.

      Section 15. An owner of a school shall include the school's refund policy in school-student contracts.

      Section 16. Each student in a school shall be permitted to file a complaint with this board concerning the school in which the student is enrolled, provided the information is clearly and concisely given and the complaint shall at all times be signed by the complainant.

      Section 17. Student Dismissal and Appeals. (1) A school may dismiss a student for law violations, rule violations, insubordination, or for any reason for which the board could deny, refuse to renew or revoke a license if the student was licensed pursuant to KRS Chapter 317A.

      (2) A school may dismiss a student for a violation of any of KRS Chapter 317A or for the violation of any administrative regulation adopted by the board or for violation of any school rule not in conflict with KRS Chapter 317A or the administrative regulations.

      (3) Any student aggrieved by dismissal from a school may appeal to the board by writing the board and requesting that an appeal be granted, but the appeal shall be taken within ten (10) days after the date of dismissal and the appeal shall be docketed by the board for a hearing within thirty (30) days after the appeal request is received. The hearing day shall be set for as early a day as possible. The hearing and production of evidence shall be in conformity with that provided for board hearings in KRS Chapters 317A and 317B.

      (a) Upon hearing the appeal, the board shall determine: whether the school acted within the scope of its power; and whether or not there is sufficient evidence to support the order of dismissal appeal from the school.

      (b) After the hearing the board shall enter an order sustaining or setting aside the school's order of dismissal. If the order of dismissal is overruled and set aside by the board, then the school shall reinstate the student.

      Section 18. Within ten (10) working days from a student's withdrawal, a cosmetology school shall report the name of the withdrawing student and send the permit card and a notarized certification of the total number of hours that the withdrawing student has acquired in the cosmetology school to the board's office.

      Section 19. In the event that the school after receiving request for the information outlined in Section 18 of this administrative regulation does not forward that information to the board within ten (10) days after receiving requests, a verified affidavit from the student as to the number of hours received may be accepted by the board and entered on their records as the appropriate number of hours earned.

      Section 20.(1) A training period for students shall be as follows: eight (8) hours per day, forty (40) hours per week (maximum).

      (2) A student of cosmetology shall have a minimum of 225 days of school attendance under instruction.

      (3) A student of nail technology shall have a minimum of seventy-five (75) days of school attendance under instruction.

      (4) A student of esthetics shall have a minimum of 125 days of school attendance under instruction.

      Section 21. A student shall be allowed thirty (30) minutes toward the middle of any eight (8) hour day for eating or taking a rest break. A student shall not be given credit for the one-half (1/2) hour break toward meeting the 1,800 hour requirement.

      Section 22. An informational copy of the statutes and administrative regulations of the Kentucky Board of Hairdressers and Cosmetologists shall be provided to each student enrolled in a school of cosmetology. Copies may be obtained from the board's office.

      Section 23. A student shall not be in attendance in a school of cosmetology more than eight (8) hours in one (1) day and no more than five (5) days in one (1) week.

      Section 24. A person completing hours in a school of cosmetology within a period of five (5) years from date of enrollment shall be given credit by the board for hours completed. Any extension of this period of time may be granted at the discretion of the board. (3 Ky.R. 419; eff. 12-1-1976; Am. 5 Ky.R. 547; eff. 3-7-79; 10 Ky.R. 776; eff. 1-4-84; 11 Ky.R. 1619; eff. 6-4-85; 16 Ky.R. 2255; eff. 6-10-90; 20 Ky.R. 1034; 1783; eff. 1-10-94; 30 Ky.R. 970; 1920; eff. 2-16-2004.)