GENERAL GOVERNMENT CABINET
Kentucky Board of Hairdressers and Cosmetologists
(As Amended at ARRS, October 8, 2013)
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.
1. A person[
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.
2. A student shall not [
be permitted to] smoke while providing
services to patrons.
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. (1) An apprentice instructor shall be considered a student.
An apprentice instructor shall not be employed by the school where the
apprentice instructor serves as an apprentice until the apprentice
instructor graduates, completes the school’s program, withdraws from the
program, or is licensed[
prior to graduation, completion
of the program at the school, withdrawal from the program, or licensure]
as an instructor[ 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.
6. A student[
school]shall[ require a student to] wear some
kind of insignia, badge, cap, or marking on his or her uniform[ uniforms]
to indicate that he or she is a student in the school.
7. A student[
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.
9. A student shall not [
be permitted to] leave during
school hours without special permission from the manager.
10. A student shall not [
be permitted to] leave a class
during a lecture or demonstration without permission from the instructor.
11. A student shall not [
be permitted to] operate any
equipment in which there is a known operating hazard.
All] student kit[ kits]
containing [ all] equipment, tools, or[ 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:
(a) Notify the school in which the student is presently enrolled of the student's withdrawal; and
Complete a Student Enrollment Application required by 201 KAR 12:083
for the new[ an application for enrollment when entering another]
14. A student shall [
be required to] comply with all[ the]
rules of his or her school that[ , as long as those rules]
do not conflict with KRS Chapter 317A or 201 KAR Chapter 12[ , the
administrative regulations of the board].
Section 15. An owner of a school shall include the school's refund policy in school-student contracts.
Each] student may[ in a school shall be permitted
to] file a complaint with the[ this] board concerning the
school in which the student is enrolled, if[ provided]
the information is clearly and concisely given and the complaint is[ shall
at all times be] signed by the complainant.
17. Student Leave of Absence. (1) A student may use[
entitled to] one (1) leave of absence while enrolled
in an 1,800 hour program. A request for a leave of absence shall:
(a) Be in writing from the student to the school;
(b) Not be for a duration longer than six (6) months; and
(c) Clearly denote the beginning and end dates for the leave of absence.
(2) The school shall report the leave of absence to the board within ten (10) days.
The school shall retain the written request for a minimum of one (1) year[
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].
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
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.
20.] (1) A training period for a student[ students]shall:
(a) Be [
eight (8) hours per day, forty (40) hours per week; and
Not include [
(maximum but excluding]
field trip hours[ )].
A student of cosmetology shall have a minimum of 221[
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.
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 time of the[ one-half
(1/2) hour] break toward meeting the 1,800 hour requirement.
22.] An informational copy of KRS Chapter
317A and 201 KAR Chapter 12[ the statutes and administrative regulations
of the Kentucky Board of Hairdressers and Cosmetologists] shall be provided
to a[ each] student enrolled in a school of cosmetology. Copies
may be obtained from the board's office.
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.
24.] (1) A person completing hours in a licensed[ an
acceptable][ a] school of cosmetology within a period of
five (5) years from date of enrollment shall be given full credit by the
board for hours completed.
A person completing hours in a licensed[
acceptable] school of cosmetology within a period of five
(5) years and one (1) day to ten (10) years from date of enrollment shall be
given half credit by the board for hours completed.
Credit for hours shall not be awarded by the board after ten (10) years from
date of enrollment[
Any extension of this period of time may be granted
at the discretion of the board].
BEA COLLINS, Chair
APPROVED BY AGENCY: July 9, 2013
FILED WITH LRC: July 15, 2013 at noon
CONTACT PERSON: Charles Lykins, Executive Director, 111 St. James Court, Suite A, Frankfort, Kentucky 40601, phone (502) 564-4262, fax (502) 564-0481.