§ 86A-22. Licensing and regulating barber schools and colleges. - North Carolina Statutes

§ 86A‑22.  Licensing andregulating barber schools and colleges.

The North Carolina State Boardof Barber Examiners may approve barber schools or colleges in the State, andmay prescribe rules and regulations for their operation. The Board shall adoptrules establishing criteria for barber schools and colleges to maintain theiraccreditation. No barber school or college shall be approved by the Boardunless the school or college meets all of the following requirements:

(1)        Each school shallprovide a course of instruction of at least 1528 hours.

(2)        Each school shallemploy at least two instructors for the first 40 enrolled students and employat least one additional instructor for every additional 20 enrolled students.Schools that are organized as nonprofits and have obtained a ruling from theInternal Revenue Service recognizing their tax‑exempt status shall haveat least one instructor for every 20 enrolled students. No school, whether forprofit or nonprofit, shall provide practical training and theoretical trainingsimultaneously unless at least two instructors are present.

(3)        An application for astudent's permit, on a form prescribed by the Board, must be filed with theBoard before the student enters school. No student may enroll without havingobtained a student's permit.

(4)        Each studentenrolled shall be given a complete course of instruction on the followingsubjects: hair cutting; shaving; shampooing, and the application of creams andlotions; care and preparation of tools and implements; scientific massaging andmanipulating the muscles of the scalp, face, and neck; sanitation and hygiene;shedding and regrowth of hair; elementary chemistry relating to sterilizationand antiseptics; instruction on common skin and scalp diseases to the extent thatthey may be recognized; pharmacology as it relates to preparations commonlyused in barbershops; instruction in the use of electrical appliances and theeffects of the use of these on the human skin; structure of the skin and hair;nerve points of the face; the application of hair dyes and bleaches; permanentwaving; marcelling or hair pressing; frosting and streaking; and the statutesand regulations relating to the practice of barbering in North Carolina. TheBoard shall specify the minimum number of hours of instruction for each subjectrequired by this subsection.

(5)        Each school shallfile an up‑to‑date list of its students with the Board at leastonce a month. If a student withdraws or transfers, the school shall file areport with the Board stating the courses and hours completed by thewithdrawing or transferring student. The school shall also file with the Boarda list of students who have completed the amount of work necessary to meet thelicensing requirements.

(6)        Each school shallcomply with the sanitary requirements of G.S. 86A‑15.

(7)       a.         Eachschool shall provide a guaranty bond unless the school has already provided abond or an alternative to a bond under G.S. 115D‑95.

TheNorth Carolina State Board of Barber Examiners may revoke the approval of aschool that fails to maintain a bond or an alternative to a bond pursuant tothis subdivision or G.S. 115D‑95.

b.         When application ismade for approval or renewal of approval, the applicant shall file a guarantybond with the clerk of the superior court of the county in which the schoolwill be located. The bond shall be in favor of the students. The bond shall beexecuted by the applicant as principal and by a bonding company authorized todo business in this State. The bond shall be conditioned to provideindemnification to any student, or his parent or guardian, who has suffered aloss of tuition or any fees by reason of the failure of the school to offer orcomplete student instruction, academic services, or other goods and servicesrelated to course enrollment for any reason, including the suspension,revocation, or nonrenewal of a school's approval, bankruptcy, foreclosure, orthe school ceasing to operate.

Thebond shall be in an amount determined by the Board to be adequate to provideindemnification to any student, or his parent or guardian, under the terms ofthe bond. The bond amount for a school shall be at least equal to the maximumamount of prepaid tuition held at any time during the last fiscal year by theschool. The bond amount shall also be at least ten thousand dollars ($10,000).

Eachapplication for approval shall include a letter signed by an authorizedrepresentative of the school showing in detail the calculations made and themethod of computing the amount of the bond pursuant to this subpart and therules of the Board. If the Board finds that the calculations made and themethod of computing the amount of the bond are inaccurate or that the amount ofthe bond is otherwise inadequate to provide indemnification under the terms ofthe bond, the Board may require the applicant to provide an additional bond.

Thebond shall remain in force and effect until cancelled by the guarantor. Theguarantor may cancel the bond upon 30 days notice to the Board. Cancellation ofthe bond shall not affect any liability incurred or accrued prior to thetermination of the notice period.

c.         An applicant that isunable to secure a bond may seek a waiver of the guaranty bond from the Boardand approval of one of the guaranty bond alternatives set forth in thissubpart. With the approval of the Board, an applicant may file with the clerkof the superior court of the county in which the school will be located, inlieu of a bond:

1.         An assignment of asavings account in an amount equal to the bond required (i) which is in a formacceptable to the Board; (ii) which is executed by the applicant; and (iii)which is executed by a state or federal savings and loan association, statebank, or national bank, that is doing business in North Carolina and whoseaccounts are insured by a federal depositors corporation; and (iv) for whichaccess to the account in favor of the State of North Carolina is subject to thesame conditions as for a bond in subpart b. above.

2.         A certificate ofdeposit (i) which is executed by a state or federal savings and loanassociation, state bank, or national bank, which is doing business in NorthCarolina and whose accounts are insured by a federal depositors corporation;and (ii) which is either payable to the State of North Carolina, unrestrictivelyendorsed to the Board; in the case of a negotiable certificate of deposit, isunrestrictively endorsed to the Board; or in the case of a nonnegotiablecertificate of deposit, is assigned to the Board in a form satisfactory to theBoard; and (iii) for which access to the certificate of deposit in favor of theState of North Carolina is subject to the same conditions as for a bond insubpart b. above. (1945,c. 830, s. 8; 1961, c. 577, s. 5; 1973, c. 1331, s. 3; 1979, c. 695, s. 1;1981, c. 457, s. 12; 1989 (Reg. Sess., 1990), c. 824, s. 3; 1995, c. 397, s. 1;1995 (Reg. Sess., 1996), c. 605, ss. 10, 11; 2004‑146, s. 7.)