SUBCHAPTER 14I ‑ OPERATIONS OF SCHOOLS OF COSMETIC ART

SECTION .0100 ‑ RECORD KEEPING

21 NCAC 14I .0101 PERMANENT FILES

(a) A section of a cosmetic art school shall contain at least a desk, chair and a permanent file suitable for permanent records of matriculations of all students enrolled.

(b) Permanent files shall be kept under lock and key, in the beauty establishment, subject to inspection by the Board or its authorized agents.

(c) Included in this file shall be permanent records of the matriculations of all students enrolled along with proof of documentation for verification purposes including the following:

(1) names and addresses of students;

(2) places and dates of birth;

(3) Social Security number;

(4) date students entered school;

(5) number of hours earned;

(6) breakdown of practical work performed by the student;

(7) grades on all examinations taken by the student; and

(8) date of graduation.

(d) The original of all enrollment forms is to be filed with the Board, and a duplicate is to be held by the school.

History Note: Authority G.S. 88B-4;

Eff. February 1, 1976;

Amended Eff. April 1, 2011; July 1, 2010; April 1, 1991; January 1, 1989; April 1, 1988.

21 NCAC 14I .0102 DAILY RECORD

A daily record shall be kept for each student, showing the actual number of hours of attendance and a complete breakdown of live model performances and completions. This record shall be posted on the permanent record weekly.

History Note: Authority G.S. 88‑23;

Eff. February 1, 1976.

21 NCAC 14I .0103 INSPECTION REPORTS AND REPORTS OF STUDENTS HOURS

(a) In addition to such other reports as may be required by the Board, cosmetic art schools shall report to the Board or its authorized agent, upon inspection of the cosmetic art school and at other times upon specific request, the names of all students currently enrolled and the hours completed by each.

(b) The owner or manager of the cosmetic art school shall read each inspection report made of the school by an authorized agent of the Board to determine that the information on the inspection report is correct and shall sign the report. If any part of the information on the report is incorrect, it shall be corrected by the authorized agent of the Board or an exception to the report signed by the owner or manager shall be attached to the report.

(c) The Board shall be notified by written correspondence prior to demonstrators, lecturers or observers being in the school.

History Note: Authority G.S. 88B-4;

Eff. February 1, 1976;

Amended Eff. July 1, 2010; April 1, 1995; May 1, 1991; January 1, 1989; April 1, 1988.

21 ncac 14i .0104 WITHDRAWALS

(a) When a student who is enrolled in a cosmetic art school withdraws from such school, whether by reason of transfer to another school, dismissal, suspension, voluntary disenrollment, or for any reason other than graduation, the cosmetic art school shall report the withdrawal to the Board within 30 working days.

(b) Such report shall contain the following:

(1) name of the student;

(2) Social Security number;

(3) the last day of attendance;

(4) the reason for withdrawal (if known);

(5) the hours completed at the time of withdrawal; and

(6) copy of all live model/mannequin performances completed at the time of withdrawal.

(c) If a student withdraws from a cosmetic art program within the first five days, hours earned during the time period prior to withdrawal will not be credited.

History Note: Authority G.S. 88B-4;

Eff. February 1, 1976;

Amended Eff. August 1, 1998; April 1, 1991; January 1, 1989; April 1, 1988;

Temporary Amendment Eff. February 10, 2000;

Amended Eff. April 1, 2001; August 1, 2000.

21 NCAC 14I .0105 Transfer of credit

(a) In order that hours may be transferred from one cosmetic art school to another, a student must pass an entrance examination given by the school to which the student is transferring.

(b) A cosmetology student must complete at least 500 hours in the cosmetic art school certifying his or her application for the state board examination.

(c) Upon written petition by the student, the Board shall make an exception to the requirements set forth in Paragraph (b) of this Rule if the student shows that circumstances beyond the student's control prohibited him or her from completing 500 hours at the school that certifies his or her application.

(d) A student who transfers from a cosmetology curriculum to a manicuring, natural hair care or an esthetics curriculum shall not receive credit for hours received in the cosmetology curriculum.

(e) A student who transfers from a manicuring, natural hair care or an esthetic curriculum to a cosmetology curriculum shall not receive credit for hours received in the manicuring, natural hair care or an esthetic curriculum.

(f) If a student is transferring from another state, the student shall submit certification of hours and performances to the cosmetic art school in which they are enrolled.

(g) Licensed manicuring, natural hair care or estheticians may apply up to 50 percent of required hours earned toward another cosmetic art curriculum.

(h) Up to 50 percent of all credit earned in an approved esthetician, natural hair care or manicurist teacher training program may be transferred to a cosmetology teacher training program. A maximum of 160 hours earned in either an esthetician, natural hair care or manicurist teacher training program may be transferred between programs.

History Note: Authority G.S. 88B-4; 88B-7; 88B-8; 88B-9; 88B-10; 88B-10.1;

Eff. February 1, 1976;

Amended Eff. July 1, 2010; December 1, 2008; July 1, 2006; December 1, 2004; February 1, 2004; August 1, 1998; December 1, 1993; January 1, 1991; January 1, 1989; April 1, 1988.

21 ncac 14I .0106 STUDENT DAILY RECORDS

All daily records kept by a cosmetic art school on a student must be kept in the school's permanent files for future reference until the date the student is accepted for the state board examination or five years (effective November 1, 1998) after the date the student first enrolled in the school, whichever occurs earlier.

History Note: Authority G.S. 88B-4(7a);

Eff. February 1, 1976;

Amended Eff. April 1, 1991; January 1, 1989; April 1, 1988.

Temporary Amendment Eff. February 10, 2000;

Amended Eff. April 1, 2001.

21 NCAC 14I .0107 REPORT OF ENROLLMENT

(a) A cosmetic art school shall report cosmetology enrollments to the Board not later than 30 working days after a student enrolls in school. A cosmetic art school shall report manicurist, natural hair care specialist and esthetician enrollments to the Board not later than 15 working days after a student enrolls in school. If a student's enrollment is not reported within 30 working days for cosmetology and 15 working days for esthetician, natural hair care specialist and manicurist, the cosmetic art school shall file a copy of the student's daily time records when it reports the student's enrollment.

(b) The school must report the enrollment of students prior to the student applying for the cosmetologist, manicurist, natural hair care specialist or esthetician examination and before any hours can be credited.

History Note: Authority G.S. 88B-4; 88B-9; 88B-10; 88B-10.1;

Eff. February 1, 1976;

Amended Eff. August 1, 1998; April 1, 1991; January 1, 1989; April 1, 1988;

Temporary Amendment Eff. January 1, 1999;

Amendment Eff. July 1, 2010; December 1, 2008; August 1, 2000; April 1, 1999.

21 ncac 14i .0108 seal

Each cosmetic art school must have a unique, raised seal identifying the school and physical location to be used on all applications, reports, drop-out notices, and other official papers. Electronically sent enrollments and drop-out notices are exempted from this requirement.

History Note: Authority G.S. 88B-4;

Eff. February 1, 1976;

Amended Eff. June 1, 2010; July 1, 2006; April 1, 1991; January 1, 1989.

21 NCAC 14I .0109 SUMMARY OF COSMETIC ART EDUCATION

(a) The manager of each cosmetic art school must compile, from the school's records, a summary of hours, live model/mannequin performance completions, date of enrollment, and last date of attendance.

(b) The graduation form documentation must be signed by a teacher, and the student and must have the seal of the school affixed.

(c) The original graduation form documentation must be prepared on a form furnished by the Board. The cosmetic art school shall mail, within 30 days after the student's graduation date, with the school seal affixed the graduation form documentation to the Board at the Board's address.

History Note: Authority G.S. 88B-4; 88B-7; 88B-8; 88B-9; 88B-10; 88B-16;

Eff. February 1, 1976;

Amended Eff. April 1, 2011; December 1, 2008; August 1, 2000; August 1, 1998; May 1, 1991; January 1, 1989; April 1, 1988.

21 ncac 14i .0110 Uniform

A waiver of the uniform requirement in 21 NCAC 14J, 21 NCAC 14K, 21 NCAC 14O and 21 NCAC 14S may be requested for enrollment classes of cosmetic art students. Cosmetic art schools may request from the Board a waiver of the uniform requirement no more than once per year.

History Note: Authority G.S. 88B-4(a)(10);

Eff. April 1, 2011.

SECTION .0200 ‑ RECEPTION AREA

21 NCAC 14I .0201 RECEPTION AREA

Each cosmetic art school must provide a reception area for its patrons.

History Note: Authority G.S. 88‑23; 88‑30;

Eff. February 1, 1976;

Amended Eff. April 1, 1991; January 1, 1989.

21 NCAC 14I .0202 RECEPTION AREA SIGN

Each cosmetic art school must display a sign in a conspicuous place in the reception area. The sign cannot be smaller than 12 inches by 18 inches, and must read as follows and in no other way: "Cosmetic Art School‑‑Work Done Exclusively by Students."

History Note: Authority G.S. 88‑23; 88‑30;

Eff. February 1, 1976;

Amended Eff. April 1, 1991; January 1, 1989.

21 NCAC 14I .0203 BULLETIN BOARD

Each cosmetic art school must have a bulletin board in a conspicuous place in the reception area on which must be displayed at all times the letter of approval and annual school certificate issued by the Board, and any letter, bulletin, or memorandum issued by the Board which states that it is to be posted.

History Note: Authority G.S. 88‑23; 88‑30;

Eff. February 1, 1976;

Amended Eff. April 1, 1991; January 1, 1989.

21 NCAC 14I .0204 SANITATION RULES

A copy of the sanitation rules governing the practice of cosmetic arts must be posted in a conspicuous place in the reception area of a cosmetic art school so all persons can read the rules.

History Note: Authority G.S. 88‑23; 88‑30;

Eff. February 1, 1976;

Amended Eff. April 1, 1991; January 1, 1989.

21 NCAC 14I .0205 DRESSING ROOM

(a) Each cosmetic art school must provide a dressing room for its students.

(b) The dressing room must have lockers or suitable space for storing wearing apparel of each student.

History Note: Authority G.S. 88‑23; 88‑30;

Eff. February 1, 1976;

Amended Eff. April 1, 1991; January 1, 1989.

SECTION .0300 - CLASSROOMS

21 NCAC 14I .0301 RECITATION ROOM

(a) Each cosmetic art school shall have a recitation room, of no less than 300 square feet with a minimum one-side width or depth of 12 feet and shall accommodate no more than 20 students, which shall be equipped with desks or chairs suitable for classroom work, chair(s) suitable for demonstrating cosmetology practices, a dry erase board, and charts, except that the demonstration chair(s) in a manicurist school need be suitable only for demonstrating manicuring and pedicuring practices.

(b) Charts in the recitation room shall include those with illustrations of the skin, bones, muscles, and nerves of the head, neck, feet, and hands, except that the set of charts in a manicurist school need not include those illustrating the head and neck. The set of charts in a natural hair care school need not include those illustrating the feet and hands.

History Note: Authority G.S. 88B-4; 88B-16;

Eff. February 1, 1976;

Amended Eff. July 1, 2010; December 1, 2008; April 1, 1991; January 1, 1989.

21 NCAC 14I .0302 LIBRARY

(a) A cosmetic art school shall have a library of reference books available for the students' use.

(b) The library of all cosmetic art schools shall include the textbooks used in the school, a standard dictionary, a medical dictionary and any other books relative to the cosmetic arts. The library in a cosmetology school shall also include reference books covering major ethnic cultures (caucasian, black, Asian, Hispanic) in the State of North Carolina. Students shall be able to research in the school's library the field of cosmetic art which they are studying.

History Note: Authority G.S. 88‑23; 88‑30;

Eff. February 1, 1976;

Amended Eff. June 1, 1991; January 1, 1989; May 1, 1988.

21 NCAC 14I .0303 CLASSROOM BULLETIN BOARD

(a) Each classroom must have a bulletin board on the wall.

(b) Any memorandum, letter, or bulletin issued by the Board, which states that it is to be posted in a cosmetic art school for the information of the students, must be posted on this bulletin board.

History Note: Authority G.S. 88B-4; 88B-23;

Eff. February 1, 1976;

Amended Eff. December 1, 2008; April 1, 1991; January 1, 1989.

21 NCAC 14I .0304 CLASSROOM WORK

(a) All of the work outlined in the Beginners' Department and the Advanced Department shall be given to the students through practical demonstrations and lectures, questions and answers on textbooks, and written exam.

(b) A minimum of five hours of lectures, questions and answers on textbooks, and written exam shall be given to full‑time students per week. A minimum of two and one‑half hours of lectures, questions and answers on textbooks, and written exam shall be given to part‑time students per week.

(c) All papers written shall be carefully graded and returned to the students in order that the students may see their errors.

History Note: Authority G.S. 88‑23;

Eff. February 1, 1976;

Amended Eff. September 1, 1991; October 1, 1990.

SECTION .0400 - LICENSURE OF INDIVIDUALS WHO HAVE BEEN CONVICTED OF A FELONY

21 NCAC 14I .0401 APPLICATION/LICENSURE/INDIVIDUALS WHO HAVE BEEN CONVICTED OF FELONY

(a) Any applicant convicted of a felony or charged with a felony that is still pending may apply for Board approval upon enrollment in a cosmetic art school. All documentation submitted shall have no effect on an individual's ability to attend a cosmetic art school, take an examination administered by the Board, or apply for a license; is not binding on the Board with respect to any future application from the individual reviewed; and is not a final agency decision.

(b) The applicant shall supply the following;

(1) A statement of facts of the crime accompanied by a certified copy of the indictment (or, in the absence of an indictment, a copy of the "information" that initiated the formal judicial process), the judgment and any commitment order for each felony for which there has been a conviction;

(2) A copy of the applicant's restoration of rights certificate, if applicable;

(3) At least three letters attesting to the applicant's character from individuals unrelated by blood or marriage. If available, one of these letters must be from someone familiar with the applicant's cosmetology training and experience, one from the applicant's probation or parole officer, and one from the applicant's vocational rehabilitation officer. If letters from persons in these positions are unavailable, the applicant shall submit an explanatory statement as to why they are unavailable;

(4) The name and address of the applicant's current employer;

(5) A summary of the applicant's personal history since conviction including, if applicable, date of release, parole or probation status, employment, and military service;

(6) Records of any cosmetology, esthetics, natural hair care or manicurist school disciplinary actions;

(7) A description of any pending criminal charges with a copy of the indictment or, if there is not yet an indictment, the arrest warrant for each pending charge; and

(8) Any other information which in the opinion of the applicant would be useful or pertinent to the consideration by the Board of the applicant's request;

(c) If a felony conviction was for an offense involving drugs or alcohol, the applicant shall also provide evidence showing that he or she is drug/alcohol free. Examples of evidence which will be considered are:

(1) enrollment in an on-going licensed treatment program;

(2) drug analysis test results; and

(3) certification of completion of a licensed treatment program.

History Note: Authority G.S. 88B-4; 88B-24(1);

Eff. June 1, 1995;

Amended Eff. September 1, 2010; December 1, 2008; April 1, 2001; August 1, 1998.

21 NCAC 14I .0402 REQUESTS FOR PREAPPLICATION REVIEW OF FELONY CONVICTIONS

History Note: Authority G.S. 88-23; 88-26(1);

Eff. June 1, 1995;

Repealed December 1, 2008.