CHAPTER Bar 100 ORGANIZATIONAL RULES
PART Bar 101 DEFINITIONS
REVISION NOTE:
Document
#6046-a, effective 6-1-95, made extensive changes to the wording, format, structure
and numbering of rules in Part 101.
Document #6046-a supersedes all prior filings for the sections in this
part. The prior filings for former Part
101 include the following documents:
#1879,
eff 12-3-81
#2539,
eff 11-18-83
#4814,
eff 5-16-90
#5308,
eff 1-16-92
#5544,
eff 12-28-92
Bar
101.01 “Adjudicatory proceeding” means
any proceeding in which the rights, duties or privileges of a person are
determined by the board, but does not include nonadjudicatory
investigations or rulemaking.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.02 “Apprentice” means a person being
instructed in a shop or school and registered in accordance with RSA 313-A:24.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.03 “Appliance” means a barbering, cosmetology,
esthetics, or manicuring device that is operated by electricity, such as a
curling iron or electric clipper.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.04 “Barber” means “barber” as
defined in RSA 313-A:1, I.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.05 “Barbering” means “barbering” as
defined in RSA 313-A:1, II.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.06 “Barbershop” means “barbershop”
as defined in RSA 313-A:1, III.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar 101.07 “Board” means “board” as defined in RSA
313-A:1, IV.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.08 “Complaint” means a writing made
by any person to the board that charges that a person licensed by the board has
committed misconduct.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.09 “Cosmetologist” means
“cosmetologist” as defined in RSA 313-A:1, V.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932, eff
8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.10 “Cosmetology” means “cosmetology”
as defined in RSA 313-A:1, VI.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.11 “Disinfect”
means a reduction in microbial presence on a surface at 99.99% or greater by
use of an EPA registered disinfectant with bactericidal, virucidal, and
fungicidal properties.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13
Bar
101.12 “Dispensary” means a separate area containing
a sink.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.11)
Bar
101.13 “Division” means the division of public
health services, department of health and human services.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.12)
Bar
101.14 “Esthetician” means “esthetician” as defined
in RSA 313-A:1, VII.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.13)
Bar
101.15 “Esthetics” means “esthetics” as defined in
RSA 313-A:1, VIII.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.14)
Bar 101.16 “Ex parte
communications” means the transmittal of information or argument by or on
behalf of a party concerning the merits of the subject matter of any
adjudicatory proceeding to or from a decision-maker in that proceeding without
proper notice to and opportunity to participate in by all parties.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.15)
Bar 101.17 “Faradic unit” means a current is an
alternating and interrupted current capable of producing a mechanical reaction
without a chemical effect.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.16)
Bar
101.18 “Implement” means a utensil or tool used in
the barber, cosmetology, esthetician, or manicuring trade.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.17)
Bar 101.19
“Institution” means a place that is
legally responsible for the residents' full-time health and welfare.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.18)
Bar
101.20 “Instructor” means any person licensed by the
board to teach.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.19)
Bar 101.21 “Iontophoresis unit”
means a machine which introduces water soluble product into the skin with the
use of electric current, such as the use of the positive and negative poles of
a galvanic machine.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.20)
Bar 101.22 “Licensee” means any person or business
licensed or registered by the board or holding a temporary permit pursuant to
RSA 313-A:18.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.21)
Bar
101.23 “Manicurist” means “manicurist” as defined in
RSA 313-A:1, IX.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.22)
Bar
101.24 “Manicuring” means “manicuring” as defined in
RSA 313-A:1, X.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.23)
Bar
101.25 “Orangewood stick” means a stick made from
the orange tree used in manicuring procedure.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932, eff
8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.24)
Bar 101.26 “Passport photo” means a 2 inch by 2 inch
current photograph, facial front view, with a plain background, not previously
sealed on a license.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.25)
Bar
101.27 “Person” means any individual, partnership,
corporation, association, governmental subdivision or public or private
organization.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.26)
Bar 101.28 “Rulemaking” means
the statutory procedures for the formulation of a rule.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.27)
Bar
101.29 “Salon” means “salon” as defined in RSA
313-A:1, XII.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #9455-A, eff
4-14-09; ss by #10412-A, eff 9-19-13 (from Bar 101.28)
Bar 101.30 “Sanitize” means to clean
a surface by removing visible debris using soap and water or a cleaning agent.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.29)
Bar
101.31 “School” means “school” as defined in RSA
313-A:1, XIII.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932, eff
8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.30)
Bar
101.32 “Shampoo sink” means a sink with a spray hose
and neck rest.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.31)
Bar
101.33 “Shop” means any salon or barbershop licensed
in accordance with RSA 313-A:19.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.32)
Bar
101.34 “Shop apprentice” means an individual
registered in accordance with RSA 313-A:24 and being instructed in a shop
licensed in accordance with RSA 313-A:19 for a specific period to learn
barbering, cosmetology, esthetics, or manicuring.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.33)
Bar
101.35 “Shop instructor” means any person licensed
by the board to teach in a shop.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932, eff
8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.34)
Bar
101.36 “Sink” means a basin connected with a drain
with hot and cold running water.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.35)
Bar
101.37 “Student apprentice” means an individual
registered in accordance with RSA 313-A:24 and being instructed in a school
licensed in accordance with RSA 313-A:9, IV.
Source. (See Revision Note at part heading for Bar
100) #6046-a, eff 6-1-95, EXPIRED: 6-1-03
New. #7932,
eff 8-3-03; ss by #10412-A, eff 9-19-13 (from Bar 101.36)
Bar
101.38 “Student instructor” means any person training
in a school to become an instructor.
Source. #10412-A, eff 9-19-13 (formerly Bar 101.37)
PART
Bar 102 BOARD ORGANIZATIONS
Bar 102.01 Duties and Responsibilities. The board shall administer the provisions of
RSA 313-A, which include but are not limited to safeguarding life, health, and
property, to promoting public welfare and maintaining a high standard of
integrity regarding the practice of barbering, cosmetology, esthetics, and
manicuring in this state.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5544, eff
12-28-92, EXPIRED: 12-28-98
New. #8223,
eff 12-9-04
Bar
102.02 Composition of the Board. The board shall consist of 7 members who meet
the eligibility requirements of RSA 313-A:2.
Source. #8223,
eff 12-9-04
Bar
102.03 The Chairperson and Vice
Chairperson. The chairperson shall
preside at all meetings. In the absence
of the chairperson, the vice-chairperson shall preside.
Source. #8223,
eff 12-9-04
Bar
102.04 Staff.
(a) The board shall designate a board
administrator and such other staff members as are necessary to perform the
record keeping and other specific functions within the statutory functions of
the board and to oversee the board’s day-to-day operations.
(b) “Board administrator” means a person with
delegated authority to perform administrative and clerical functions for the
board.
Source. #8223,
eff 12-9-04
Bar
102.05 Organization. Beginning with the regular meeting in
September and annually thereafter, the board shall meet and organize, and by
election from among its members, select a chairperson, vice-chairperson and
secretary.
Source. #8223,
eff 12-9-04
Bar
102.06 Office Location, Office Hours,
Mailing Address and Telephone.
(a) The board’s office shall be located at
(b) The board’s office shall be open to the
public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.
(c) The board’s mailing address shall be:
The
Board of Barbering, Cosmetology, and Esthetics
(d) The board’s telephone number shall be (603)
271-3608.
Source. #8223,
eff 12-9-04
PART
Bar 103 PUBLIC INFORMATION
Bar 103.01 Record of Board Actions. Minutes shall be kept of board meetings and
of official actions taken by the board. Minutes
of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5
shall be governmental records and shall be available for inspection during the
board’s ordinary office hours within 5 days from the close of the meeting or
vote in question unless the 72 hours availability requirement of RSA 91-A:3,
III is applicable.
Source. #8223,
eff 12-9-04; EXPIRED: 7-1-09 pursuant
to RSA 541-A:17, II and 2008, 303:4 effective 7-1-08;
New. #12604,
eff 8-16-18
Bar 103.02 Custodian of Records. Persons desiring copies of board records
shall submit a request, which identifies as particularly as possible the
information being sought and agrees to pay a copying fee of $.25 per page. If records are requested which contain both
public and confidential information, the board shall delete the confidential
information and provide the remaining information.
Source. #8223,
eff 12-9-04
Bar
103.03 Roster Distribution
(a) A roster containing names and addresses shall
be furnished upon request. An individual
requesting a roster shall submit the following fee in the form of a check,
money order, or cash, to the board:
(1)
In the amount of $50.00 for paper format;
(2)
In the amount of $10.00 for disk format; and
(3)
In the amount of $2.50 for email format.
Source. #9313,
eff 11-5-08
CHAPTER Bar
200 PRACTICE AND PROCEDURE
Statutory Authority: RSA
313-A
PART Bar 201 PURPOSE
Bar 201.01 Purpose.
The board will conduct proceedings for the purpose of acquiring
sufficient information to make fair and reasonable decisions on matters within
its statutory jurisdiction, including decisions on applications and complaints
filed against licensees. These
proceedings will secure a just, efficient and accurate resolution.
Source. #2040, eff 6-3-82; ss by #2539, eff 11-18-83;
ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
PART Bar 202 DEFINITIONS
Bar 202.01 Definitions.
(a)
"Hearing" means the receipt and consideration by the board of
data or argument, or both, and includes:
(1) Conducting trial-type evidentiary
proceedings;
(2) Directing the filing of exhibits, affidavits,
memoranda, or briefs; or
(3) Any combination of these methods.
(b)
"Order" means a document issued by the board:
(1) Establishing procedures to be followed in an
adjudicatory or nonadjudicatory proceeding;
(2) Granting or denying a petition or motion;
(3) Requiring a person to do, or to abstain from
doing, something; or
(4) Determining a person's rights to a license or
other privilege established by RSA 313-A or rules of this chapter.
Source. #2040, eff 6-3-82; ss by #2539, eff 11-18-83;
ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
PART Bar 203 FAILURE TO COMPLY WITH RULES
Bar 203.01 Failure
to Comply With Rules. Failure to
comply with the rules of this chapter shall result in:
(a) Refusal of a
noncompliant document for filing;
(b) Denial or
conditional denial of a noncompliant application, petition, or motion; or
(c) Issuance of an order
adverse to a noncompliant person.
Source. #2040, eff 6-3-82; ss by #2539, eff 11-18-83;
ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
PART Bar 204 PUBLIC COMMENT HEARINGS
Bar 204.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #2040, eff 6-3-82; ss by #2539, eff 11-18-83;
ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 204.02 Public
and Media Access.
(a) Public comment
hearing shall be open to the public, and members of the public shall be
entitled to testify, subject to the provisions of this part.
(b) Public comment
hearing shall be open to print and electronic media, subject to the following
limitations by the board, or the person designated by the board to preside over
the hearing, when such limitations are necessary to allow the hearing to go
forward:
(1) Limitation of the number of media
representatives when their number together with the number of members of the
public present exceeds the capacity of the hearing room;
(2) Limitation on the placement of cameras to
specific locations within the hearing room; or
(3) Prohibition of interviews conducted within
the hearing room during the hearing.
Source. #2040, eff 6-3-82; ss by #2539, eff 11-18-83;
ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 204.03 Conduct
of the Hearing.
(a) Public comment hearings
shall be presided over by the board or an individual knowledgeable in the
subject area of the proposed rules who has been designated by the director to
preside over the hearing.
(b) The person
presiding over the hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules which are the
subject matter of the hearing, and provide copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Establish limits pursuant to Bar 204.05(b)
and (c);
(5) Recognize those who wish to be heard;
(6) If necessary, refuse to recognize people for
speaking, or revoke recognition of speakers, pursuant to Bar 204.05(a);
(7) If necessary, limit the activity of the media
pursuant to Bar 204.02(b);
(8) If necessary, postpone or move the hearing;
and
(9) Adjourn or continue the hearing.
(c) The hearing
shall be postponed in accordance with RSA 541-A11,IV when:
(1) The weather is so inclement that it is reasonable
to conclude that people wishing to attend the hearing are unable to do so;
(2) The chairman or the individual designated by
the chairman to preside over the hearing is ill or unavoidably absent; or
(3) Postponement will facilitate greater participation
by the public.
(d) The hearing
shall be moved to another location in accordance with RSA 541-A:11, V when the
original location is not able to accommodate the number of people who wish to
attend the hearing.
(e) The hearing
shall be continued past the scheduled time or to another date in accordance
with RSA 541-A:11, III when:
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable opportunity to do so; or
(2) The capacity of the room in which the hearing
is to be held does not accommodate the number of people who wish to attend the
hearing and it is not possible to move the hearing to another location.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 204.04 Public
Participation.
(a) People who wish
to speak about the rules which are the subject matter of the hearing shall be
asked to write on the speaker’s list their full names and if they represent
other persons, the identity of the persons represented.
(b) People who wish to
speak shall be asked to provide the information called for by paragraph (a) no
later than before the last speaker on the list has finished speaking.
(c) People whose
names appear on the speaker’s list shall be afforded an opportunity to speak at
the hearing within the limits on public participation provided in Bar 204.05.
(d) Written
comments, which may be submitted in lieu of or in addition to oral comments,
shall be accepted for 10 days after the adjournment of the hearing, or after
the adjournment of the postponed or continued hearing.
Source. #7951-A,
eff 9-10-03
Bar 204.05 Limitations
of Public Participation. The person
presiding over the hearing shall:
(a) Refuse to
recognize for speaking or revoke the recognition of any person who:
(1) Speaks or acts in an abusive or disruptive
manner; or
(2) Refuses to keep comments relevant to the
proposed rules which are the subject matter of the hearing.
(b) Limit the
duration of the hearing and limit the amount of time each speaker may speak to
a time which allocates approximately equal speaking time to each person shown
on the speaker’s list as wishing to speak; and
(c) Limit
presentations on behalf of the same organization or entity to no more than 3,
provided that all those representing such organization or entity may enter
their names and addresses into the record as supporting the position of the
organization or entity.
Source. #7951-A,
eff 9-10-03
PART Bar 205 PRESIDING OFFICER
Bar 205.01 Designation.
(a) Adjudicatory proceedings
commenced by the board shall be conducted by a presiding officer.
(b) The board shall
appoint a board member or a member of the board's staff to serve as presiding
officer.
(c) The presiding
officer shall serve in a conscientious and truthful manner or shall be removed
by the board without notice or hearing.
(d) Upon his or her
own initiative or upon the motion of any party or intervenor, the presiding
officer or a member of the presiding panel shall withdraw from any hearing for
good cause.
(e) Good cause shall
exist if the presiding officer or panel member:
(1) Has direct interest in the outcome of the
hearing, including but not limited to, a financial or family relationship with
any party or intervenor;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of the case.
(f) Mere knowledge of
the issues or acquaintance with any party, intervenor or witness shall not
constitute good cause for withdrawal.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 205.02 Authority
of Presiding Officer.
(a) The presiding
officer shall possess all authority with respect to the procedural aspects of
adjudicatory proceedings that would be possessed by the board itself,
including, but not limited to, the power to administer oaths and affirmations,
direct the course of the proceedings, and decide procedural and discovery
issues.
(b) The presiding
officer shall receive no testimony or oral argument on the merits of the case
unless 3 board members are present.
(c) Except in
proceedings conducted pursuant to Bar 210.03(b)(6), the presiding officer
shall, to the extent consistent with the fair and orderly conduct of the
proceeding, permit board members who are present during any stage of an
adjudicatory proceeding to query the witnesses.
(d) The presiding
officer shall not accept final offers of settlement or impose consent decrees,
but shall assist the parties in reaching settlements. When a settlement has been
proposed in writing, the presiding officer shall refer it to the board for
decision, but shall not stay the proceeding while the board is deliberating the
settlement proposal.
(e) The presiding
officer shall not decide motions or enter orders which finally resolve the
proceeding or stay the proceeding.
Potentially dispositive motions shall be referred to the board or
deferred until the close of the record.
(f) If the presiding officer
believes that a default or similar final order should enter against a party,
the presiding officer shall issue a written recommendation to the board, with
service on the parties, and the board shall take appropriate action after
allowing the parties 10 days to file objections thereto.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
PART Bar 206 COMMENCEMENT OF PROCEEDINGS
Bar 206.01 Applicability. This part shall govern all proceedings
conducted by the board except rulemaking and declaratory rulings.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 206.02 Commencement.
(a) The board shall
commence an adjudicatory proceeding by issuing a notice to the parties at least
15 days before the first scheduled hearing date or first prehearing conference.
(b) The notice
commencing an adjudicatory proceeding shall:
(1) Identify the parties to the proceeding as of
the date of the order;
(2) Briefly summarize the subject matter of the
proceeding, and identify the issues to be resolved;
(3) Attach any complaint against the licensee
that forms, in whole or in part, the basis of the issues to be resolved;
(4) Specify the legislative authority for the
proposed action, and identify any applicable board rules;
(5) Specify any special procedures to be
followed;
(6) Specify the date by which, and the address
where, appearances or motions by representatives shall be filed;
(7) Specify the date, time, and location of an
initial prehearing conference or dates for an oral hearing;
(8) Identify the presiding officer for the
proceeding;
(9) Identify any confidentiality requirements
applicable to the proceeding;
(10) Contain such other information as the
circumstances of the case may warrant including, but not limited to, orders
consolidating or severing issues in the proceeding with other proceedings or
orders directing the production of documents;
(11) Indicate each party has the right to have an
attorney present at their own expense; and
(12) Specify the parties have the right to have
the board provide a certified shorthand court reporter at the parties’ expense.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 206.03 Docketing,
Service of Notice, Public Notice.
(a) The board shall
assign each adjudicatory proceeding a docket number, and serve the hearing
notice upon all parties to the proceeding. The hearing notice shall be served
upon the respondent by means of certified mail addressed to the last address
given to the board by the licensee or hand delivered by a board inspector.
(b) Service of all
subsequent orders, decisions and notices issued by the board, including any
amendments to the hearing notice, shall be served upon the parties and
intervenors by regular mail.
(c) Orders, notices,
and decisions of the board, and motions, memoranda, exhibits, and other
documents and data submitted to the board in a docketed case shall be kept in a
docket file and made available for public inspection in the board's office
except to the extent that confidentiality has been provided for under the
provisions of law.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03; ss by #9997-A, eff 9-16-11
Bar 206.04 Ex
Parte Communications. Once a notice
of hearing has been issued in an adjudicatory proceeding, no party shall
communicate with any member of the board, or the presiding officer, concerning
the merits of the case except upon notice to all parties and granting an
opportunity for such party or parties to participate. In accordance with the
rules of this chapter, no party shall cause another person to make such
communications or otherwise engage in conduct prohibited by RSA 541-A:36.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 206.05 Rights
to Representation.
(a) Any party in an
adjudicatory proceeding may be represented by counsel or lay representation, but
such person appearing on behalf of a party shall first file a letter announcing
the fact of representation at the earliest date practicable.
(b) Requests to the
board for counsel shall be denied and the board shall assume no responsibility
for expenses of any party, except as specified in RSA 313-A:11, IV.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 206.06
Representatives and Appearances.
(a) Persons
appearing before the board shall represent themselves or be represented by:
(1) A
(2) An individual who is not a
a. A statement of intent to represent, signed by
both the representative and the party who would be represented; and
b. The representative's daytime address and
telephone number.
(b) Corporations, partnerships
and other legal entities that are not natural persons shall be represented only
by:
(1) An attorney licensed in
(2) An officer, director, or other person who has
express and written authority to act on behalf of the entity concerning the
matter in question and has filed a motion for leave to appear as a
representative.
(c) Nothing in this
section shall be construed to permit the unauthorized practice of law.
(d) The board shall,
after providing notice and opportunity for hearing, restrict an individual from
acting as a representative before the board when the representative's behavior
would constitute misconduct if the representative were an attorney.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 206.07 Intervention.
(a) Petitions for
intervention shall state:
(1) The petitioner's interest in the subject
matter of the hearing;
(2) The petitioner's position with respect to the
subject matter of the hearing;
(3) Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired; and
(4) Any other reasons why the petitioner should
be permitted to intervene.
(b) Petitions for
intervention shall be granted if the petitioner has an interest in the
proceeding and has clearly stated this interest.
(c) Petitions for
intervention shall be granted subject to Bar 208.03, and orders granting
intervention shall be subject to modifications.
(d) A person filing
a complaint that becomes the subject of a disciplinary hearing shall be served
with the hearing notice and notified of the right to intervene in the
proceeding.
(e) Once granted
leave to intervene, intervenors shall take the proceeding as they find it and
no portion of the proceeding shall be repeated because of the fact of
intervention.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 206.08 Consolidation
and Severance.
(a) Whenever it shall
appear to the board, upon motion or its own initiative, that 2 or more
proceedings involve substantially similar or substantially related issues, the
board shall, as fairness and efficiency permit, consolidate those proceedings
for hearing, or decision, or both.
(b) Whenever it
shall appear to the board, upon motion or its own initiative, that injury to
the substantial rights of a party or undue delay may be thereby avoided, the
board shall, as fairness and efficiency permit, sever one or more issues from a
proceeding, and dispose of those issues in another proceeding.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
PART Bar 207 FILING AND SERVICE OF DOCUMENTS
Bar 207.01 Filing
of Documents with the Board.
(a) A document shall
be considered filed when it is actually received at the board's office in
(b) All documents
filed shall be filed with an original and 7 copies, except that only a single
copy of correspondence, applications and complaints against licensees shall be
filed.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 207.02 Subscription
and Veracity of Documents.
(a) All complaints,
petitions, motions, and replies filed with the board shall be signed by the
proponent of the document or, if the party appears by representative, by the
representative.
(b) The party or
representative signature on a document filed with the board shall certify that:
(1) The party has read the document;
(2) The party is authorized to file it;
(3) To the best of the party’s knowledge,
information, and belief, there are good grounds to support it; and
(4) The document has not been filed for purposes
of delay or harassment.
(c) A willful
violation of (b), above, shall cause the board to issue an order adverse to the
party committing the violation.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 207.03 Service
of Documents.
(a) Complaints
against licensees shall be filed with the board with service upon the licensee
in question.
(b) Petitions for
rulemaking and petitions for declaratory rulings shall be filed with the board
by the petitioner without service upon other persons.
(c) All motions,
replies, exhibits, memoranda, or other documents filed in an adjudicatory
proceeding shall be served by the proponent upon all parties to the proceeding
by:
(1) Depositing a copy of the document in the
United States Postal Service, first class postage prepaid, addressed to the
last address given to the board by the party being served, no later than the
day the document is filed with the board; or
(2) Delivering a copy of the document in hand on
or before the date it is filed with the board.
(d) All notices,
orders, decisions, or other documents issued by the board in the course of an
adjudicatory proceeding shall be served by the board upon all parties and
intervenors to the proceeding by either:
(1) Depositing a copy of the document, first class
postage prepaid, in the United States Postal Service, addressed to the last
address given to the board by the party being served; or
(2) If a party or intervenor is not represented,
delivering a copy of the document in hand to the party or intervenor.
(e) When a party or
intervenor authorizes a representative, service shall be upon the
representative.
(f) Except for
exhibits distributed at a prehearing conference or hearing, every document
filed with the board, and required to be served upon the parties and
intervenors to an adjudicatory proceeding, shall be accompanied by a
certificate of service, signed by the person making service, attesting to the
method and date of service, and the persons served.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
PART Bar 208 PLEADINGS, COMPLAINTS, AND MOTIONS
Bar 208.01 Pleadings.
(a) The only pleadings
permitted shall be petitions and replies to petitions. Applications and
rulemaking petitions shall not be considered pleadings.
(b) All petitions
shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's
representative, if any;
(3) A concise statement of the facts that caused
the petitioner to request the board to act;
(4) The action that the petitioner wishes the
board to take; and
(5) The identification of any statutes, rules,
orders, or other authority that entitles the petitioner to request the board to
act.
(c) Board replies to
petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the representative of
the petitioner, if any;
(3) A statement addressing each fact alleged in
the petition pursuant to Bar 208.03(d);
(4) A statement addressing the authority
identified by the petitioner pursuant to Bar 208.03(c)(3);
(5) A concise response to each statement noted in
Bar 208.03(d);
(6) The identification of any statutes, rules,
orders, or other authority, not identified in the petition, having a bearing
upon the subject matter of the petition; and
(7) The action the board took.
(d) Replies shall be
filed within 90 days from the date of the petition.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 208.02 Complaints
of Licensee Misconduct.
(a) Notwithstanding
Bar 208.01, complaints shall be governed exclusively by this section.
(b) Complaints alleging
misconduct by licensees noting violations of RSA 313-A and or the board’s
administrative rules shall be in writing and filed at the board's offices in
Concord, New Hampshire.
(c) A complaint
shall contain the following information:
(1) The name and address of the complainant;
(2) The name and address of the licensee against
whom the complaint is directed;
(3) Date, time, place and summary of alleged
violation(s);
(4) Name and address of those having knowledge of
the alleged violations;
(5) Specific provision of RSA 313-A and/or the
board’s administrative rules on which the complaint is based; and
(6) Other data the complainant believes pertinent
to the complaint.
(d) A complaint
shall not be accepted that alleges acts of misconduct that occurred more than 6
years before the filing date unless it also alleges that these acts could not
have reasonably been discovered during all or some substantial part of the
intervening 6-year period.
(e) A complaint
shall be treated as a petition to the board within the meaning of RSA 541-A:14.
(f) The licensee
shall respond in writing to stated misconduct allegations by responding to each
allegation within 30 days. Failure to respond shall result in an order of
default, including disciplinary sanctions against the licensee.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03; ss by #9997-B, eff 9-16-11; ss by #12604, eff 8-16-18
Bar 208.03 Motions
and Objections Thereto.
(a) Unless presented
during an oral session of a proceeding, all motions and objections shall be in
writing.
(b) All motions
shall state clearly and concisely:
(1) The purpose;
(2) The relief sought;
(3) The statutes, rules, orders, or other
authority authorizing the relief sought; and
(4) The facts claimed to constitute grounds for
the relief.
(c) Objections to motions
shall state clearly and concisely:
(1) The defense of the party or intervenor filing
the objection;
(2) The action which the party or intervenor
filing the objection wishes the board to take;
(3) The statutes, rules, orders, or other
authoritative relief in defense of the motion; and
(4) Any facts that are additional to, or
different from, the facts stated in the motion.
(d) An objection to
a motion shall specifically admit or deny each fact contained in the motion.
Failure to deny a fact contained in the motion shall constitute the admission
of that fact for the purpose of the motion. In the event a party or intervenor
filing an objection to a motion lacks sufficient information to either admit or
deny a fact contained in the motion, the party or intervenor shall so state,
specifically identifying each such fact.
(e) Motions shall be
decided upon the writings submitted. Repetitious motions shall not be
submitted.
(f) The board shall
rule on motions as soon as practicable after the filing of the motion.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
PART Bar 209 TIME PERIODS
Bar 209.01 Computation
of Time. Any time period specified in
an order shall begin with the day following the act, event, or default, and
shall include the last day of the period, unless it is Saturday, Sunday, or
state legal holiday, in which event the period shall run until the end of the
next day which is not a Saturday, Sunday, or state legal holiday. When the
period prescribed or allowed is less than 7 days, intermediate Saturdays,
Sundays, and state legal holidays shall be excluded from the computation.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 209.02 Change
in Allowed Times. A motion for a
change of time shall be granted upon concurrence with all parties.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 209.03 Limitations. A motion to change time shall be filed at
least 3 business days prior to the event in question.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 209.04 Continuances.
(a) Any party or
intervenor may make an oral or written motion that a hearing be delayed or
continued to a later date or time.
(b) A motion for
delay or a continuance shall be granted if the presiding officer or presiding
panel determines that there is good cause to do so.
(c) Good cause shall
include:
(1) The unavailability of parties, intervenors,
witnesses or attorneys necessary to conduct the hearing;
(2) The likelihood that a settlement will make
the hearing or its continuation unnecessary; and
(3) Any other circumstances that demonstrate that
a delay or continuance would assist in resolving the case fairly.
(d) If the later date,
time and place are known when the hearing is being delayed or continued, the
information shall be stated on the record.
If the later date, time and place are not known at that time, the
presiding officer or panel shall as soon as practicable issue a written
scheduling order stating the date, time and place of the delayed or continued
hearing.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
PART Bar 210 PREHEARING MATTERS
Bar 210.01 Discovery
and Disclosure. Upon the written
request of a party, the board shall disclose to the parties any information,
not privileged, in the possession of the board, that is pertinent to the
subject matter of the proceeding.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 210.02 Prehearing
Conferences.
(a) At any time
following the commencement of an adjudicatory proceeding, the board shall, upon
motion, or upon its own initiative, encourage all parties and intervenors to
attend one or more prehearing conference(s) to aid in the disposition of the
proceeding.
(b) The following
shall be considered at a prehearing conference:
(1) Settlement;
(2) Simplification of the issues;
(3) Possible amendments to the pleadings;
(4) Possible admissions of facts and of documents
to avoid unnecessary proof;
(5) Possible limitations on the number of
witnesses;
(6) Possible changes to the standard procedures
which would otherwise govern proceeding;
(7) The distribution of written testimony, if
any, and exhibits to the parties and intervenors;
(8) Possible consolidation of the examination of
witnesses by the parties and intervenors;
(9) A time frame for exchange of witness and
evidence lists; and
(10) Any other matters which might contribute to
the prompt and orderly conduct of the proceedings.
(c) The board shall
cause prehearing conferences to be recorded unless all parties wish to discuss
possible settlement off the record, in which case only the discussion of
possible settlement shall not be recorded. Matters decided at a prehearing
conference shall be reflected in an appropriate order.
(d) Prehearing
conferences in disciplinary proceedings shall not be open to the public, to the
extent consistent with RSA 91-A.
Source. #5308, eff 1-16-92, EXPIRED 1-16-98
New. #7951-A,
eff 9-10-03
Bar 210.03 Witness
and Evidence Exchange. Parties and
intervenors shall exchange complete lists of witnesses and evidence pursuant to
the timetable established in accordance with Bar 210.03(b)(9). Copies of all
documentary evidence shall be provided to all parties and intervenors.
Source. #7951-A,
eff 9-10-03
PART Bar 211 CONDUCT OF ADJUDICATIVE HEARINGS
Bar 211.01 Method
of Proceeding. Unless all parties and
intervenors agree to a modification of the process, the board shall hold a
trial-type evidentiary hearing with an opportunity for the subsequent
submission of memoranda. Each party or
intervenor shall have the opportunity to call its own witnesses and to
cross-examine other witnesses who testify at the evidentiary hearing. The board shall conduct individual
proceedings in a trial-type evidentiary hearing, unless otherwise agreed by the
parties and intervenors, and the presiding officer shall schedule supplemental
argument or hearing, or otherwise reopen the record, at any time prior to the
issuance of a final order in a proceeding.
Source. #6577, eff 9-13-97 (formerly Bar 305.01); ss
by #7951-A, eff 9-10-03
Bar 211.02 Burden,
Standard and Order of Proof.
(a) The party
asserting the affirmative of a proposition shall have the burden of proving the
truth of that proposition by a preponderance of the evidence.
(b) Without limiting
the generality of Bar 211.02(a), all moving parties and intervenors and all
petitioners shall have the burden of persuading the board that their motions or
petitions should be granted.
(c) The complainant
shall present its case first, followed by the respondent. For purposes of
presentation of evidence, intervenors shall be considered either complainants
or respondents.
Source. #6577, eff 9-13-97 (formerly Bar 305.02); ss
by #7951-A, eff 9-10-03
Bar 211.03 Evidence.
(a) Proceedings
shall not be conducted under the rules of evidence, but the evidentiary
privileges recognized by the law of
(b) All data that
will reasonably assist the board arrive at the truth shall be admissible.
(c) Evidence shall
be submitted in written or oral form to assure the full and fair disclosure of
the facts.
(d) If the board
notices a fact, it shall so state, and permit any party the opportunity to show
the contrary.
(e) Witnesses
appearing before the board shall testify under oath or affirmation.
(g) The board shall
cause a tape recording or stenographic record to be made of hearings and
prehearing conferences. This record shall not be transcribed unless a request
is made by a person who also agrees to pay the cost of the transcription.
(g) Information
provided during an evidentiary hearing shall be considered public information.
Source. #7951-A,
eff 9-10-03
Bar 211.04 Inquiry
By Board Members.
(a) Subject to the
direction of the presiding officer who shall regulate the time and manner of
speaking in an orderly fashion, board members present during adjudicative
proceedings shall question witnesses and make such inquiry of witnesses as they
believe appropriate.
(b) Whenever
credibility of witnesses is material to the outcome of the hearing, those
rendering the decision in the case shall be present for such testimony.
Source. #7951-A,
eff 9-10-03
Bar 211.05 Exceptions
to Rulings By the Presiding Officer.
(a) There shall be no
interlocutory appeal to the board of procedural or discovery orders made by the
presiding officer.
(b) After the close
of the record, the parties shall be provided 10 days to submit written
exceptions to rulings of the presiding officer. The board shall rule upon any
such exceptions and shall reopen or modify the record, if necessary or
appropriate to effect relief.
Source. #7951-A,
eff 9-10-03
PART Bar 212 DECISIONS
Bar 212.01 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party may
submit proposed findings of fact and conclusions of law prior to or at the
hearing.
(b) The board shall
include individual rulings upon such proposed findings or conclusions as part
of its final decision.
Source. #7951-A,
eff 9-10-03; ss by #9997-A, eff 9-16-11
Bar 212.02 Decision
on Record. The decision of the board
shall be based upon the board's evaluation of the evidence submitted during the
hearing only.
Source. #7951-A,
eff 9-10-03
PART Bar 213 RECONSIDERATION AND STAY
Bar 213.01 Motion
for Reconsideration or Rehearing.
(a) An adjudicatory
order of the board shall not be final until the date it is served upon the
parties and intervenors pursuant to Bar 207.03(d).
(b) Within 30 days
after service of a final adjudicatory order of the board, any party or
intervenor may file a motion for reconsideration or rehearing.
(c) A motion for
reconsideration shall:
(1) Include any memorandum of law the petitioner
wishes to submit;
(2) Identify each error of fact, error of reasoning,
or erroneous conclusion contained in the final order that the moving party or
intervenor wishes reconsidered; and
(3) Concisely state the correct factual finding,
correct reasoning, and correct conclusion urged by the moving party or
intervenor.
(d) The board shall
grant or deny the motion, or any part thereof, on its merits, or treat the
motion as a motion for reopening, and grant it pending the receipt of such
additional data or additional argument as it considers necessary.
Source. #7951-A,
eff 9-10-03
Bar 213.02 Reconsideration
on the Board's Own Motion.
(a) Within the time frame
specified in Bar 213.01(b), the board shall reconsider, revise, reverse or
affirm any final action on its own motion.
(b) If
reconsideration is based upon the existing record, prior notice shall not be
given to the parties and intervenors. If the board believes further argument or
data should be considered, an appropriate order providing the parties and
intervenors with notice and opportunity to be heard shall be issued before any
revision is made in the board's previous action.
Source. #7951-A,
eff 9-10-03
Bar 213.03 Stay
of Board Orders.
(a) Board actions
shall be stayed only in response to a specific motion requesting a stay or by
the board acting on its own motion.
(b) A motion for
stay shall be considered only if it is filed within the time period for
requesting reconsideration specified by Bar 213.01(b), and shall demonstrate
good cause sufficient to warrant the stay of an action by the
(c) Filing a motion
for reconsideration shall not stay a board order. Combining a motion for stay
with a motion for reconsideration shall be permissible, however.
Source. #7951-A,
eff 9-10-03
PART Bar 214 PETITIONS FOR RULEMAKING
Bar 214.01 Petition
for Rulemaking.
(a) Any person may
request the board to commence a proceeding for the purpose of adopting,
amending, or repealing a rule by filing a written petition that contains:
(1) A statement of the petitioner's request for
the proposed rule;
(2) The text of the proposed rule or a statement
of the particular results intended by the petitioner's interest in the subject
matter of the proposed rule;
(3) An identification of the particular rule
sought to be amended or repealed;
(4) Any data or argument the petitioner believes
would be useful to the board in deciding whether to commence a rulemaking
proceeding; and
(5) Name, address, signature of petitioner and
date.
Source. #7951-A,
eff 9-10-03
Bar 214.02 Disposition
of Petition.
(a) The board shall
consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The
board shall request additional data or argument from the petitioner or other
interested persons to clarify the argument.
(b) The board shall
deny the petition if:
(1) Data or argument fails to support the
petition;
(2) It conflicts with an existing rule; or
(3) The board does not have rulemaking authority.
(c) If the board
denies the petition the board shall state the reason therefore in the order.
(d) If the board
grants the petition the board shall commence rulemaking in accordance with RSA
541-A:3 et. seq.
Source. #7951-A,
eff 9-10-03
PART Bar 215 DECLARATORY RULINGS
Bar 215.01 Petitions.
(a) Any person may
request a declaratory ruling from the board on matters within its jurisdiction
by filing an original and 7 copies of a petition pursuant to Bar 208.01(b).
(b) Such a petition
shall also set forth the following information:
(1) The exact ruling being requested; and
(2) The statutory and factual basis for ruling,
including any supporting affidavits or memoranda of a law.
Source. #7951-A,
eff 9-10-03
Bar 215.02 Action on Petitions.
(a) The petitioner shall
provide such further information or participate in such evidentiary or other
proceedings as the board shall direct after reviewing the petition and any
replies received.
(b) Upon review and
consideration, the board shall within 90 days rule on the petition pursuant to
Bar 208.01(c).
Source. #7951-A,
eff 9-10-03
PART
Bar 216 WAIVERS
Bar 216.01 Waivers.
(a)
Individuals who wish to request a waiver of a rule shall submit a
written request to the board, which includes:
(1) The rule for which a waiver is requested;
(2) The anticipated length of time the requested
waiver will be needed;
(3) The reason for requesting the waiver;
(4) Evidence of how the waiver will provide for
the health and safety of the consumer or licensee;
(5) A time-limited written compliance plan which
sets forth plans to achieve compliance including an estimated date of
compliance; and
(6) The signature of applicant.
(b)
The board shall approve or deny a waiver within 60 days of receipt of
the request.
(c)
The board shall approve a waiver request only if:
(1) Granting a waiver shall not have the effect
of waiving or modifying a provision of RSA 313-A;
(2) The board finds that approval of the
requested waiver shall not jeopardize the health and safety of employees or the
public; and
(3) The board determines that the individual's plans
for compliance with the rule includes an estimated date of compliance and
eventual compliance.
Source. #7951-B, eff 9-10-03 (formerly Bar 211.02);
ss by #9997-B, eff 9-16-11; ss by #12578, eff 7-21-18; ss by #12604, eff 8-16-18
PART Bar 217 COMPLAINTS AND INVESTIGATIONS
Bar 217.01 Initiation
of Disciplinary Proceedings. The board
shall undertake investigations and disciplinary hearings in response to a
written complaint filed in accordance with Bar 208.02 or in response to other
information that comes to the board's attention.
Source. #7951-B, eff 9-10-03; ss by #9997-B, eff
9-16-11; ss by #12604, eff 8-16-18
Bar 217.02 Processing of Complaints.
(a)
Upon receipt of a complaint, the board shall commence an investigation
pursuant to Bar 217.03.
(b)
The board shall dismiss a complaint at any time for failure to state a
cause of action, failure to respond to a request for information, or failure to
participate in any investigation or hearing ordered by the board.
(c)
At any stage of the board's investigation of the allegations in a
complaint, the board shall, with the consent of the licensee, issue a final settlement
agreement or consent order that imposes discipline upon the licensee and
terminates further disciplinary action in whole or part, provided that:
(1) The complainant receives notice and an
opportunity to submit written comments concerning the proposed settlement or
consent decree; and
(2) There are no material facts in dispute.
(d)
At any time during the board's investigation of the allegations in a
complaint, the board shall encourage the licensee and the complainant to
participate in mediation on a timely and good faith basis with a designated
non-board member who agrees to act as a mediator.
(e)
When mediation is suggested under (d) above, the mediator shall attempt
resolution of the dispute between the complainant and the licensee, and, within
60 days of reaching consensus through mediation, shall submit a written report
to the board.
(f)
The report noted under (e) above, shall contain:
(1) A written settlement agreed to by the
parties; or
(2) A report of the circumstances that appear to
prevent settlement of the issues between the parties.
(g)
Upon receiving the mediator's report, the board shall, with consent of
complainant, and pursuant to Bar 217.02(f)(2) above, discontinue its
investigation. The board shall then
issue an order of settlement, or if there is no settlement, proceed to initiate
further disciplinary proceedings.
(h)
Information gathered during investigations shall not be released to the
public until an evidentiary hearing is held or a final settlement or other
disposition of such a proceeding is reached. Information that is classified by
law as confidential shall not be revealed unless it has been introduced as
evidence.
Source. #7951-B, eff 9-10-03; ss by #9997-B, eff
9-16-11; ss by #12604, eff 8-16-18
Bar 217.03 Investigations.
(a)
The board shall conduct such investigations as it deems necessary to
examine acts of possible misconduct that come to its attention through
complaints or other means.
(b)
Investigations shall not commence a disciplinary hearing and shall not
constitute an allegation of misconduct against a licensee.
(c)
When an investigation occurs, an investigator designated by the board
shall contact such persons and examine such records and other documents as are
reasonably necessary to make a recommendation as to whether further board
action should be taken on the allegations in question.
(d)
Investigations, including those based upon allegations in a complaint
shall be conducted on an ex parte basis.
(e)
Following the investigation, the investigator shall make a written
report and recommendation to the board as to whether there is reasonable basis
to conclude that the complaint concerns facts that constitute misconduct.
(f)
Investigatory reports and all information gathered by an investigator
shall be confidential except provided as follows:
(1) The investigator's report shall be made
available to the parties and intervenors in any adjudicatory proceeding
resulting therefrom; and
(2) The board shall provide, upon request, the
nonconfidential information gathered in disciplinary investigations to:
a. Law enforcement agencies;
b. Boards or agencies relating to this practice
in other jurisdictions;
c. Board investigators or prosecutors;
d. Expert witnesses or assistants retained by
board prosecutor or investigators in the same or related disciplinary matters;
or
e. Persons to whom the licensee has given a
release.
Source. #7951-B, eff 9-10-03; ss by #9997-B, eff
9-16-11; ss by #12604, eff 8-16-18
PART Bar 218 EXPLANATION OF ADOPTED RULES
Bar 218.01 Requests
for Explanation of Adopted Rules.
Any interested person may, before 30 days after final adoption of a
rule, request a written explanation of that rule by making a written request to
the board and including in the request:
(a) The name and
address of the person making the request; or
(b) If the request
is that of an entity, the name and address of the entity and the name and
address of the representative authorized by the entity to make the request.
Source. #7951-B, eff 9-10-03; ss by #9997-B, eff
9-16-11; ss by #12604, eff 8-16-18
Bar 218.02 Contents
of Explanation. The board shall
within 90 days of receiving a request in accordance with Bar 218.01 provide a
written response which:
(a) Concisely states
the meaning of the rule adopted;
(b) Concisely states
the principal reasons for and against the adoption of the rule in its final
form; and
(c) States, if the
board did so, why the board overruled any arguments and considerations
presented against the rule.
Source. #7951-B, eff 9-10-03; ss by #9997-B, eff
9-16-11; ss by #12604, eff 8-16-18
CHAPTER
Bar 300 REGISTRATION OR LICENSING
REQUIREMENTS
Statutory
Rulemaking Authority RSA 313-A:8
PART Bar 301 APPLICATION PROCEDURE
Bar 301.01 Apprentice Application.
(a) Upon the board's receipt of a
request for an application for registration as an apprentice, the board shall
send the applicant an application for registration as an apprentice.
(b)
Each applicant for an apprentice registration shall complete and submit
to the board an application for registration as an apprentice including:
(1) The applicant’s name, address, and telephone
number;
(2) The appropriate type of apprenticeship:
a. Cosmetology;
b. Barbering;
c. Master Barber;
d. Manicuring; or
e. Esthetics;
(3) A check, money order, electronic payment, or
cash in the amount of $25.00;
(4) A copy of a birth certificate or driver’s
license providing proof of age as required by RSA 313-A:24, II (a); a copy of the applicant’s high school diploma
or equivalent if the applicant is under 21 years of age, or a letter from the
applicant’s high school indicating that he or she is currently enrolled and on
track for graduation; and
(5) Whether the applicant:
a. Has been convicted of a felony or
misdemeanor, other than a traffic violation, which has not been annulled by a
court, and, if yes, the applicant shall submit:
(i) A Court provided copy of the charge(s), conviction(s),
penalties imposed, and a statement created by the applicant relative to the
charges;
(ii) If the applicant is currently on probation,
the probation officer’s name, mailing address, and telephone number, a letter
from the probation officer stating that the applicant is in compliance, and;
(iii) If the applicant has completed probation or
parole, a letter indicating that the applicant met all the requirements and is
no longer on parole or probation;
b. Is addicted to the use of alcohol or
other habit-forming drugs to a degree rendering him or her unfit to practice
under RSA 313-A;
c. Has had any past disciplinary action against
him or her in any jurisdiction in which registration is similar to the
one requested to have issued under this application; and
d. Has been determined by a court to be mentally
incompetent, or has been told by health practitioner or mental health
practitioner that he or she has a mental condition that would impair his
or her ability to practice the profession for which they are seeking
registration under RSA 313-A;
(6) The applicant’s social security number; and
(7) A date and signature or electronic signature
affirming the following pledge: “I, hereby certify that the statements made on
this application and in any other documents submitted in connection with this
application are true and accurate. I have not withheld information that is
requested. I am aware that a false, dishonest, or misleading answer may be
grounds for: 1) denial of this application; 2) disciplinary action against my
license; and further that false statements are punishable by law”; and
(c)
The applicant may provide to the board any information explaining or
providing background to the affirmative answer(s) in (5) above.
(d)
If the apprenticeship will take place in a school licensed in accordance
with RSA 313-A:9, IV, the school's owner, or his or her designee, shall:
(1) Provide the name, address, and telephone
number of the school where the instruction will take place;
(2) Include the enrollment date; and
(3) Sign or electronically sign, and date the
application.
(e)
If the apprenticeship will take place in a shop, licensed in accordance
with RSA 313-A:19, the shop instructor shall be licensed in accordance with RSA
313-A:9, V.
(f)
The shop instructor shall:
(1) Provide the name, address, and telephone
number of the shop where the instruction will take place;
(2) Include the enrollment date; and
(3) Sign and date the application.
(g)
An applicant for a shop instructor license shall:
(1) In accordance with RSA 313-A:10, I(c)(2) and
RSA 313-A:11, I(c)(2), have been engaged in the practice within the state for
at least 2 years;
(2) Submit to the board a check, money order, electronic
payment, or cash in the amount of $50.00; and
(3) Supply the following on the application for
registration as an apprentice form:
a. His or her
b. His or her initial
c. His or her signature and current date
affirming the statement “I certify that the apprentice whose name is stated
above is serving his or her apprenticeship training under my direction. I agree
to notify the board office in writing when the apprenticeship is completed or
has terminated. I understand by signing this application I agree to ensure the
apprentice is in compliance with board’s administrative rules and governing
statute and should the apprentice fail to comply, I will be subject to
disciplinary action by the board”.
Source. #1879, eff 12-3-81; ss by #2539, eff 11-18-83;
ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95;
ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06;
amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; amd by #9652, eff
2-3-10; ss by #11055, eff 3-18-16
Bar 301.02
Procedure for Approving and Denying an Application for Apprentices.
(a) Upon the board's receipt of an application,
the board shall approve or deny the application within 30 days of receipt.
(b) If the applicant answered in the negative to
all the statements in Bar 301.01 (b) (5), the applicant shall be deemed by the
board to be of good professional character.
(c) If the applicant answered in the affirmative,
the board shall determine if this person is of good professional character
after reviewing factors surrounding the affirmative answer.
(d) Factors the board shall take into
consideration shall be as follows:
(1)
Whether the person has been found guilty of abuse, neglect, exploitation
of any person or has been convicted of child endangerment, fraud or a felony
against a person in this or any other state by a court of law;
(2)
Whether the person has a current mental condition affecting the ability
to practice the profession;
(3) The
length of time that has passed since the crime or disciplinary action;
(4)
Information showing the positive answer is not indicative of the persons
current character; and
(5) Any
relevant circumstances surrounding the affirmative answer.
(e) The board shall
approve an application and issue an apprentice registration with the shop
instructor’s name, when applicable, if:
(1) Application for registration as an
apprentice is completed in accordance with RSA 313-A:24 and Bar 301.01;
(2) The
shop instructor meets the requirements of Bar 301.01(e); and
(3) The applicant is deemed to
be of good professional character.
(f) The board shall deny an application if:
(1) The
application is not completed in accordance with RSA 313-A:24 and Bar 301.01;
(2) The
shop instructor applicant does not meet the requirements of Bar 301.01(f); or
(3) The
applicant is not deemed to be of good professional character.
(g) If the board denies an applicant pursuant to
(f), above, the board shall return the application to the applicant with all
attachments and a letter as follows:
(1) Referencing
the statute or rule the applicant has not complied with;
(2)
Explaining what the applicant shall do in order to become registered or
licensed; and
(3) Providing
the secretary's name and telephone number for further assistance.
(h) The board shall send a copy of the letter
described in Bar 301.02(g), to the school or the proposed shop instructor.
Source. #1879, eff 12-3-81; amd by #2040, eff 6-3-82;
ss by #2539, eff 11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92;
ss by #6020, eff 4-14-95; ss by #6046-b, eff 6-1-95; ss by #6577, eff 9-13-97;
ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06, EXPIRED: 6-9-14
New. #10808, eff 4-2-15
Bar 301.03 Apprenticeship.
(a)
“Reflexology” means the study and interpretation of reflex component of
the function of a body part, system, or of a particular kind of activity.
(b)
The number of hours of instruction to complete an apprenticeship shall
be in accordance with:
(1) For barbers, RSA 313-A:10, I(c)(1) or (2);
(2) For cosmetologists, RSA 313-A:11, I(c)(1) or
(2);
(3) For manicurists, RSA 313-A:12, I, or,
pursuant to RSA 313-A:12, II, 600 hours in a shop apprenticeship program;
(4)
For estheticians, RSA 313-A:13 or, pursuant to RSA 313-A:13, 1200 hours in a
shop apprenticeship program; and
(5) For a master barber, RSA 313-A:10 III, (c)
(1) or (2).
(c)
The apprentice shall receive the following types of instruction:
(1) For barber apprentices:
a. Shampooing;
b. Haircutting;
c. Hairstyling, for men and women;
d. Razor cutting;
e. Shaves and beard trim;
f. Scalp massaging;
g. Hair analysis;
h. Hairpieces;
i. Business management and salesmanship;
j. Textbook theory, which shall consist of reading
textbooks in regard to barbering;
k. State laws and rules; and
l. Bacteriology safety and sanitation;
(2) For cosmetology apprentices:
a. Shampooing;
b. Hairstyling;
c. Hair shaping;
d. Hair coloring, including temporary,
semi-permanent, and permanent;
e. Permanent waving and straightening;
f. Hair analysis and scalp treatments;
g. Facials and waxing, including contraindications;
h. Manicuring and pedicuring;
i. Bacteriology, safety, and sanitation;
j. Personal development;
k. Business management and salesmanship;
l. State laws and rules;
m. Textbook theory, which shall consist of
reading textbooks, no more than 5 years old, in regard to cosmetology;
n. Sculptured nail, nail tip, nail wrap, and gel
application; and
o. Reflexology and massage as it relates to
cosmetology, manicuring, and pedicuring services;
(3) For esthetic apprentices:
a. Textbook theory, which shall consist of
reading textbooks no more than 5 years old, in regard to esthetics;
b. Anatomy and physiology;
c. Bacteriology, safety, and sanitation;
d. Basic chemistry of ingredients;
e. Professional practices;
f. Facial and body treatments;
g. Treatments for facial and body hair;
h. Reflexology and massage as it relates to
esthetic services;
i. Pedicuring;
j. Makeup services; and
k. State laws and rules;
(4) For a manicuring apprentice:
a. Bacteriology, safety and sanitation;
b. Professional practice;
c. Basic manicuring;
d. Sculptured nail, nail tip, nail wrap and gel
application;
e. Pedicuring;
f. Proper drill use;
g. Textbook theory, which shall consist of
reading textbooks, no more than 5 years old, in regard to manicuring;
h. State laws and rules; and
i. Reflexology and massage as it relates to
manicuring and pedicuring; and
(5) For master barber apprentices:
a. Shampooing;
b. Haircutting;
c. Hairstyling, for men and women;
d. Razor cutting;
e. Shaves and beard trim;
f. Scalp massaging;
g. Permanent waving and straightening;
h. Coloring
i. Hair analysis;
j. Hairpieces;
k. Business management and salesmanship;
l. Textbook theory, which shall consist of
reading textbooks in regard to barbering;
m. State laws and rules; and
n. Bacteriology safety and sanitation.
(d)
Each student, at the beginning of the course, shall receive a course
outline, including:
(1) The name of the course;
(2) A course description;
(3) The course goals;
(4) The contents of the units of instruction and,
as applicable, hours;
(5) The course format; and
(6) The grading procedures.
(e)
For a student enrolled in a cosmetology program not offering the 1500
hours in a career and technical program within a high school with an 83 minute
a day block or less, the maximum apprenticeship hours shall be no more than 325
hours as follows:
(1) Orientation, 6 hours;
(2) Your professional image, 5 hours;
(3) Infection control including principles and
practice, 26 hours;
(4) Shampooing, rinsing, conditioning, 18 hours;
(5) Wet hairstyling, thermal styling, thermal
pressing, 110 hours;
(6) Principles of design, 10 hours;
(7) Manicuring and pedicuring, 30 hours;
(8) Facials, 25 hours;
(9) Facial make-up, 15 hours;
(10) Removal of unwanted hair, 10 hours;
(11) Seeking employment, 5 hours;
(12) Properties of hair and scalp, 20 hours;
(13) Introduction to hair cutting, 40 hours; and
(14) Orientation to clinic floor, 5 hours.
(f)
For a student enrolled in a cosmetology program not offering the 1500
hours in a career and technical program within a high school with 84 minutes a
day block, or more, in addition to Bar 301.03 (e), the maximum apprenticeship
hours shall be no more than 35 hours as follows:
(1) Perm wrapping, 20 hours; and
(2) Color application, 15 hours.
(g)
A career and technical high school student apprentice enrolled in a 360
hour maximum program shall be required to take an exam in order to obtain the
hours in subjects described in Bar 301.03(e) and (f). The passing grade shall
be 75%.
(h)
If the student apprentice enrolled in a 360 hour maximum program passes
the examination, he or she shall receive the hours described in Bar 301.03(e)
and (f) for the subject portion of the written exam passed.
(i) If the student apprentice enrolled in a 360
hour maximum program fails the examination, he or she shall not receive the
hours described in Bar 301.03(e) and (f) for the subject portion of the written
exam failed.
(j)
At the discretion of the receiving school a career and technical high
school student apprentice may transfer hours, previously acquired at the career
and technical high school program.
(k)
The written exam that was
administered by the career and technical high school shall be forwarded to the
applicant’s post-secondary school
of choice.
(l)
A career and technical high school student apprentice enrolled in a
program offering at least a 3-year 1500 hour course shall receive the following
types of instruction:
(1) Shampooing;
(2) Hairstyling and shaping;
(3) Hair coloring, including, temporary,
semi-permanent, and permanent;
(4) Chemical waving and straightening;
(5) Hair analysis and scalp treatments;
(6) Basic skin care including facials, hair
removal, and contraindications;
(7) Wigs, extensions, and enhancements;
(8) Manicuring and pedicuring;
(9) Infection control;
(10) Bacteriology, safety, and disinfection;
(11) Professional development;
(12) Business management and sales;
(13) Artificial nails and enhancements;
(14) Reflexology as it relates to cosmetology
services;
(15) Textbook theory; and
(16) State laws.
(o)
A shop apprentice's hours shall not be transferable to a school. A
student apprentice's hours shall not be transferable to a shop.
(p)
A shop apprentice may transfer to another shop apprenticeship. A student
apprentice may transfer to another school.
(m)
If an apprentice wishes to transfer to, or re-enroll in another apprenticeship, the apprentice shall
reapply in accordance with Bar 301.01, and attach a letter stating that he or
she is a transfer or re-enroll
apprentice. When transferring or re-enrolling in an apprenticeship,
the apprentice shall reapply within 12 months of the termination date of the
initial apprenticeship in order to maintain all of his or her accumulated
hours. If an apprentice reapplies after
12 months, but before 24 months, he or she shall maintain half of his or her
accumulated hours. If an apprentice reapplies after 24 months he or she shall
not maintain any of his or her accumulated hours.
(n)
Apprentices shall sanitize and disinfect
areas of the school or salon where there might be a threat to the health of the
apprentice or the general public.
(o)
Any post-secondary school that wishes to implement online education
shall clearly state in the student apprentice contract that other schools or
states might not recognize any online education hours obtained.
(p)
The school shall determine if prospective student apprentices possess
the skills and comprehension necessary to succeed in an online education
environment and maintain in each student’s record documentation of the method
used to determine the student’s skill and comprehension.
(q)
The school shall track and record the student’s progression in the
online education course(s).
(r)
The school shall ensure the student demonstrates participation in the
online education course(s).
(s)
The school shall administer a test at the mid-point and at the end of
each online education course. The testing shall be done in person at the
school.
(t)
Online instruction shall be limited to the theory portion only and no
more than 25% of the total course.
(u)
No practical or clinical instruction shall be permitted through online
education.
(v)
The school shall make available to student apprentices and instructors
access to technical support for the online educational course(s) or program(s).
(w)
The school shall be responsible for the quality of the courses of study
and programs offered through online education and traditional methods of study.
(x)
After successfully completing 800 hours of barber training or 1500 hours
of cosmetology training in a licensed school, the alternate program may grant
an individual up to 500 advanced placement hours towards training in the
alternate program.
(y)
Advanced placement hours shall be granted in the following areas
according to the school policy:
(1) Microbiology and infection control;
(2) Implements, tools, and equipment;
(3) Anatomy and physiology;
(4) Chemistry;
(5) Electricity and light therapy;
(6) Properties and disorders of the skin;
(7) Properties and disorders of the scalp and
hair;
(8) Treatments of the hair and scalp;
(9) Facial massage;
(10) Haircutting;
(11) Styling;
(12) Chemical texturizing;
(13) Hair coloring and lightening;
(14) Business and job search; and
(15) State law and regulations.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; amd by #2778, eff 7-24-84; ss by #4814, eff 5-16-90; ss by #5308, eff
1-16-92; ss by #5772, eff 1-11-94; ss by #6046-b, eff 6-1-95; ss by #6577, eff
9-13-97; amd by #7436, eff 1-26-01; ss by #7555, eff 9-12-01; ss by #7828, eff 2-13-03;
ss by #8097, eff 6-11-04; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07;
amd by #9652, eff 2-3-10; ss by #10144, eff 6-7-12; ss by #10412-B, eff
9-19-13; ss by #11055, eff 3-18-16
Bar
301.04 Instructors of Apprentices.
(a) Each apprentice shall receive his or her
instruction from a cosmetologist, barber, esthetician, manicurist, or master
barber who is a licensed instructor in accordance with Bar 301.08 or Bar 301.01
(f).
(b) An instructor license shall expire in
accordance with RSA 313-A:20.
(c) A shop instructor shall keep a monthly record
of the apprentice's attendance on a sheet provided by the board, including:
(1) The
name of the apprentice;
(2) The
name and address of the shop;
(3) The
apprentice licensure date;
(4) The
month and year for which the record is being submitted;
(5) The
total number of hours completed during the apprenticeship;
(6) The
signature of the shop instructor; and
(7) The
signature of the shop apprentice.
(d) The shop instructor shall submit the monthly
record of attendance to the board no later than the 15th of the next following
month.
(e) Instructors shall administer written, oral, or
practical tests pertaining to Bar 301.03(c). The tests shall be graded and reviewed with the students
promptly. Each apprentice shall be tested at least once a month. Shop
instructors shall send a copy of each completed and corrected test to the board
along with the monthly record of attendance in accordance with Bar 301.04(e).
(f)
Shop instructors shall prohibit a shop apprentice being instructed in master
barbering or cosmetology from practicing on a paying customer until the
apprentice has completed at least 3 months and 400 hours of the apprenticeship.
A licensed barber apprenticing to obtain a cosmetology license, or a
cosmetologist apprenticing to obtain a barber license, may practice on a client
immediately.
(g) Shop instructors shall prohibit a shop
apprentice being instructed in barbering or esthetics, unless the apprentice is
a licensed cosmetologist, from practicing barbering or esthetics on a paying
customer until the apprentice has completed at least 150 hours of the
apprenticeship.
(h) Shop instructors shall ensure that a shop
apprentice being instructed in manicuring does not practice manicuring on a
paying customer until the apprentice has completed at least 50 hours.
(i) All shops with an
apprentice practicing on paying customers shall have the apprentice wear a name
tag. The name tag shall state "Apprentice".
(j) Except as prohibited by RSA 313-A and these
rules, the instructor shall assign paying customer services to the apprentice.
(k) The instructor shall provide each apprentice
with at least 2 written progress reports during each course. The reports shall
evaluate the apprentice's theory and practical work, and attendance.
Instructors shall be available to discuss the reports and the apprentice’s
progress in the course.
(l) Related theory and practice shall precede
clinic activities, and apprentices shall have demonstrated competence in both
theory and practice before being allowed to participate in such activities.
Instruction in theory and practice shall not be replaced by the clinic or
working on paying customers, and apprentices shall not be excused from
scheduled classes to work in the clinic or on paying customers.
(m) A shop instructor shall be readily
accessible, in the shop, to the shop apprentice at all times during
professional services on a client within the first 50% of hours required by Bar
301.03 (b).
(n) Once the shop apprentice has completed over
50% of the hours required by Bar 301.03 (b) and is in compliance with Bar
301.04(m), the shop apprentice shall have direct access to a licensee when
providing professional services on a client.
(o) An esthetician apprentice shall have
completed at least 400 hours prior to the application of any cosmetic
exfoliation chemical.
(p) The shop instructor shall be with the
esthetician apprentice at all times during the application of any cosmetic
exfoliation chemical.
Source. #1879, eff 12-3-81; ss by #2539, eff
11-18-83; ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #5772, eff
1-11-94; ss by #6046-b, eff 6-1-95; ss by #6577, eff 9-13-97; ss by #7555, eff
9-12-01; ss by #7828, eff 2-13-03; ss by #8097, eff 6-11-04; ss by #8655, eff
6-9-06; amd by #9047, eff 12-12-07; ss by #11055, eff 3-18-16
Bar 301.05
Apprentice Termination.
(a) An instructor or
an apprentice may terminate an apprenticeship at any time upon written
notification to the board. The instructor
and the apprentice shall notify the board within 5 business days of the
termination date.
(b) The written notification of termination
required by (a), above, shall include, if it is from the:
(1)
Instructor:
a. The
apprentice's name;
b. The
shop or school name, address, and telephone number;
c. The
date of termination; and
d. The
monthly record of attendance up to the termination date; and
(2)
Apprentice, all items in (b)(1) a. through c, above.
(c) When a shop apprenticeship is terminated by
the apprentice, in accordance with Bar 301.05(a), the board shall write to the
shop instructor informing the instructor of the termination and requiring the
instructor to forward all outstanding monthly records of attendance. Upon receipt of the board's letter, the shop
instructor shall forward the information immediately to the board.
(d) When the apprenticeship is terminated by the instructor,
in accordance with Bar 301.05(a), the board shall write to the apprentice
informing the apprentice of the termination.
(e) An apprentice
who does not complete an apprenticeship may apply again, at any time, for
registration as an apprentice in accordance with RSA 313-A:24 and Bar
301.01. Previously accumulated hours
shall be maintained in accordance with Bar 301.03(o) or (p).
Source. #2613, eff 2-3-84; ss by #4393, eff 3-31-88;
ss by #4814, eff 5-16-90; ss by #5308, eff 1-16-92; ss by #6046-b, eff 6-1-95;
ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06,
EXPIRED: 6-9-14
New. #10808, eff 4-2-15
Bar
301.06 Completion of Apprenticeship. The apprentice shall complete and file an
application for licensure in accordance with Bar 301.07(b) upon completion of
the apprenticeship.
Source. #5308, eff 1-16-92; ss by #6046-b, eff
6-1-95; ss by #6577, eff 9-13-97; ss by #7555, eff 9-12-01; ss by #8655, eff
6-9-06, EXPIRED: 6-9-14
New. #10808, eff 4-2-15
Bar 301.07 Barber, Cosmetologist, Esthetician,
Manicurist and Master Barber Application.
(a)
Upon the board's receipt of a request for an application for licensure by
exam, the board or testing agency shall send the “Exam Application Form”,
effective October 2017, and the “Initial
Application for Licensure” form, effective October 2017, to the applicant.
(b)
Each applicant applying for a barber, cosmetologist, esthetician,
manicurist, or master barber exam
shall supply the following on the “Initial Application for Licensure” form:
(1) The applicant’s name, address, and telephone
number;
(2) The applicant’s month of birth;
(3) The type of license being requested:
a. Barber;
b. Cosmetologist;
c. Esthetician;
d. Manicurist; or
e. Master barber; and
(4) The applicant’s signature and date.
(c)
In addition to the requirements in Bar 301.07(b), the applicant shall
attach a copy of the applicant’s high school diploma or its equivalent.
(d)
Individuals who have completed the required number of hours in
accordance with Bar 301.03 in an out-of-state school approved by that state may
apply for the exam. In addition to the
requirements in Bar 301.07 (b)
and (c) the out of state student shall provide a letter verifying school
training, sent out by the applicant's state board.
(e)
The letter required by (d), above, shall state or include:
(1) The name of the board or agency and the state
where the apprenticeship took place;
(2) The name of the applicant;
(3) The name of the school or shop and the
address where the apprenticeship was completed;
(4) Apprenticeship enrollment date;
(5) Apprenticeship completion date;
(6) The total number of apprenticeship hours
completed;
(7) The date, signature and title of the person writing the letter; and
(8) The board or agency seal.
(f)
The board shall approve or deny an application in accordance with Bar
301.02.
(g)
The board shall approve an application and issue a temporary permit if:
(1) The applicant has completed an apprenticeship
in accordance with Bar 301.03;
(2) The applicant has submitted an application in
accordance with Bar 301.01(b) and (c);
(3) The application was approved in accordance
with RSA 313-A:18, I; and
(4) The applicant is deemed to be of good
professional character.
(h)
An applicant working under a temporary permit shall have immediate
access to a licensee when providing professional services on a client.
(i) The board shall provide notification to the
applicant of the examination in accordance with Bar 303.02(a).
(j)
The temporary permit shall expire in accordance with RSA 313-A:18, II.
(k)
The board shall deny an application if:
(1) If the application is not completed in
accordance with Bar 301.07(b) and (c);
(2) The applicant has not completed an
apprenticeship, in accordance with Bar 301.03; or
(3) The applicant is deemed not to be of good
professional character.
(l)
If the board denies an
application pursuant to (k), above, the board shall return the application to
the applicant with all attachments and a letter. The letter shall be in accordance with Bar
301.02(g).
Source. #6577, eff 9-13-97 (from Bar 302.01); ss by
#7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by
#9047, eff 12-12-07; amd by #9652, eff 2-3-10; paras.
(c)-(l) EXPIRED: 6-19-14; paras. (a) & (b) EXPIRED: 12-12-15; ss by #12085,
INTERIM, eff 1-14-17, EXPIRES: 7-13-17; amd by
#12226, eff 6-30-17; ss by #12413, eff 11-1-17
Bar
301.08 Application for A School
Instructor License.
(a) Each applicant for an instructor's license
shall:
(1) Be
currently licensed as a barber, cosmetologist, esthetician, manicurist, or master
barber; and
(2)
Have completed the following:
a. At least 800 hours of instructor training
in a school for master barbering and cosmetology, 700 hours of instructor
training in a school for esthetics or barbering, or 550 hours of instructor
training in a school for manicuring;
b. At
least 12 months of actual employment in a shop and have completed 500 hours of
instructor training in a school for master barbering and cosmetology, 400 hours
of instructor training in a school for esthetics or barbering, or 250 hours of
instructor training in a school for manicuring; or
c. At
least 8 years of actual employment in a shop.
(b) In addition to the requirements in Bar
301.07(b)(1) through (4), the applicant shall submit the following:
(1) A
copy of the applicant’s current cosmetology, barber, manicurist,
esthetician, or master barber license;
(2) Proof
of 8 years’ work experience or 12 months’ work experience in accordance with
Bar 305.01 (c), in a shop licensed pursuant to RSA 313-A:19; and
(3) A copy
of the hours in accordance with Bar 301.08(a)(2) as a student instructor in
accordance with Bar 302.06(k), if applicable.
(c) Applicants shall pass a written and practical
examination in accordance with Bar 303.03(a), and Bar 303.06, to obtain a school
instructor’s license.
(d) If the applicant meets the requirements of
(a) and (b) above, the applicant shall be issued a temporary permit in
accordance with RSA 313-A:18.
(e) An applicant working under a temporary
instructor permit shall have a licensed instructor in the same room while
instructing a class.
(f) The board shall deny an application if:
(1) The
applicant does not meet the requirements of (a) and (b) above; or
(2) The
applicant is deemed not to be of good professional character, after considering
the factors contained in Bar 301.02 (d).
(g) If the board denies an application
pursuant to Bar 301.07 (k), the board shall return the application to the
applicant with all attachments and a letter. The letter shall be in accordance
with Bar 301.02(g).
Source. #6577, eff 9-13-97 (from Bar 302.02); amd by #7324,
eff 7-26-00; ss by #7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #9047, eff 12-12-07; paras. (c)-(g) EXPIRED: 6-9-14;
ss by #10808, eff 4-2-15; ss by #11055, eff 3-18-16
Bar 301.09 Application for a Shop License.
(a)
Each applicant applying for a shop license in accordance with RSA
313-A:19 shall submit an application on a form provided by the board, as
specified in (b)below.
(b)
The applicant shall submit the following to the board on or with the
application for a shop license:
(1) The name and address of the shop, in
accordance with RSA 313-A:19, I;
(2) The name and address of the shop owner, in
accordance with RSA 313-A:19, I;
(3) The owner's barber, cosmetologist, esthetician, manicurist or master
barber license if applicable;
(4) The name and address of the shop manager if
applicable;
(5) The manager's barber,
cosmetologist, esthetician, manicurist or master barber license if
applicable;
(6) Signature of the shop owner and current date;
(7) Signature of the manager, if applicable, and
current date; and
(8) A check, money order, or cash in the amount
of $60.00.
(c)
In addition to the requirements of Bar 301.09 (b) the applicant, and
manager if applicable, shall complete the same information as required by Bar
301.01 (b) (5) and (b) (6).
(d)
Each applicant applying for a shop license in accordance with RSA
313-A:19, II, to independently operate a booth within a shop, shall submit an
application on a form supplied by the board, as specified in (e), below.
(e)
The applicant shall submit the following on or with the application for
a booth rental license:
(1) The name and address of shop;
(2) The same information as required by Bar
301.01 (b) (5) and (b) (6);
(3) The applicant's signature and current date;
and
(4)
A check, money order, or cash in the amount of $50.00.
(f) Upon receipt of a completed application in
accordance with (b) or (d) above, the board shall contact the applicant by
phone to set up a date and time of the inspection and requiring the booth
renter, shop owner, and if applicable, manager to be present at the shop during
the inspection.
(g) A prior shop owner shall not
require an inspection for an initial booth rental application.
(h) If, upon inspection pursuant
to Bar 404.01, the inspector finds that the shop is in compliance with RSA
313-A and Bar 404.02(a), the board shall issue a shop license.
(i)
The board shall deny an application if:
(1) The applicant does not meet the requirements
of (b) and (d) above;
(2) The inspector finds the shop is not in
compliance with RSA 313-A or Bar 404.01(a);
(3)
The applicant is deemed not to be of good professional character;
(4) There is pending discipline against the shop
license, shop owner’s personal license(s), or the applicant’s shop or personal
license(s); or
(5) The application contains fraudulent or
deceitful information.
(j) If the board denies an
application pursuant to (i), above, the board shall
return the application to the applicant with all attachments and a letter. The letter shall be in accordance with Bar
301.02(g).
Source. #6577, eff 9-13-97 (from Bar 302.03); ss by
#7555, eff 9-12-01; ss by #8655, eff 6-9-06; amd by #8753, eff 11-27-06; amd by #9047, eff 12-12-07; amd by #9455-B, eff4-14-09; amd by #9652, eff 2-3-10; ss by #10412-B, eff 9-19-13; ss
by #10653, eff 8-7-14; ss by #10808, eff 4-2-15
Bar 301.10 Application for a School License.
(a)
Each applicant applying for a barber, cosmetology, esthetic, manicuring
or master barber school license shall submit an application on a form provided
by the board.
(b)
The applicant shall submit the following to the board on or with the
application for a school license:
(1) The name and address of the school;
(2) A detailed floor plan of the entire school
showing arrangement of class rooms and placement of equipment;
(3) A list of equipment for each type of license;
(4) The school curriculum for each course;
(5) The owner's barber, cosmetologist,
esthetician, manicurist or master barber instructor license number, if
applicable;
(6) The name and address of the instructor, if
applicable;
(7) Proof of one year of work experience as an
instructor in accordance with Bar 305.01 (c)(1) through (5);
(8) Indicate the type of school such as barber,
cosmetology, esthetics or manicuring;
(9) Signature of the instructor, if applicable,
and current date;
(10) The signature of the school owner and
the current date; and
(11) A check, money order, or cash in the amount
of $150.00 for each type of school license;
(c)
Upon receipt of a completed application in accordance with (b) above,
the board shall contact the applicant by phone to set up a date and time of the
inspection and requiring the owner to be present at the school during the
inspection.
(d)
If, upon inspection pursuant to Bar 404.01, the inspector finds
that the school is in compliance with RSA 313-A or Bar 404.02(a), the board
shall issue a school license.
(e)
The board shall deny an application if:
(1) The application is not completed in
accordance with (b) above;