329.025. Powers of the board, meetings--rulemaking authority.

MISSOURI STATUTES AND CODES

329.025. Powers of the board, meetings--rulemaking authority.

Powers of the board, meetings--rulemaking authority.

329.025. 1. The board shall have power to:

(1) Prescribe by rule for the examination of applicants for licensureto practice the classified occupations of barbering and cosmetology andissue licenses;

(2) Prescribe by rule for the inspection of barber and cosmetologyestablishments and schools and appoint the necessary inspectors andexamining assistants;

(3) Prescribe by rule for the inspection of establishments andschools of barbering and cosmetology as to their sanitary conditions and toappoint the necessary inspectors and, if necessary, examining assistants;

(4) Set the amount of the fees that this chapter and chapter 328,RSMo, authorize and require, by rules promulgated under section 536.021,RSMo. The fees shall be set at a level sufficient to produce revenue thatshall not substantially exceed the cost and expense of administering thischapter and chapter 328, RSMo;

(5) Employ and remove board personnel, as set forth in subdivision(4) of subsection 10 of section 324.001, RSMo, including an executivesecretary or comparable position, inspectors, investigators, legal counseland secretarial support staff, as may be necessary for the efficientoperation of the board, within the limitations of its appropriation;

(6) Elect one of its members president, one vice president, and onesecretary with the limitation that no single profession can hold thepositions of president and vice president at the same time;

(7) Promulgate rules necessary to carry out the duties andresponsibilities designated by this chapter and chapter 328, RSMo;

(8) Determine the sufficiency of the qualifications of applicants;and

(9) Prescribe by rule the minimum standards and methods ofaccountability for the schools of barbering and cosmetology licensed underthis chapter and chapter 328, RSMo.

2. The board shall create no expense exceeding the sum received fromtime to time from fees imposed under this chapter and chapter 328, RSMo.

3. A majority of the board, with at least one representative of eachprofession being present, shall constitute a quorum for the transaction ofbusiness.

4. The board shall meet not less than six times annually.

5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thischapter and chapter 328, RSMo, shall become effective only if it complieswith and is subject to all of the provisions of chapter 536, RSMo, and, ifapplicable, section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblyunder chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2001, shall be invalid and void.