North Dakota Administrative Code Title 14 - Barber Examiners, Board of
Overview: Title 14 NDAC — Board of Barber Examiners
Title 14 NDAC sets forth the administrative rules and regulations adopted by the North Dakota Board of Barber Examiners. The Board is responsible for regulating the barbering profession in the state, which includes:
Licensing barbers and barber shops
Establishing minimum standards for barber education and practice
Enforcing sanitary and safety requirements
Investigating complaints and disciplining licensees
The goal of these regulations is to protect public health and safety by ensuring barbers are properly trained and shops maintain sanitary conditions.
Statutory Authority
The authority for the Board of Barber Examiners and the rules in Title 14 come primarily from the North Dakota Century Code (NDCC), Chapter 43-04, which governs the practice of barbering, including:
Licensing requirements for barbers
Inspection of barber shops
Grounds for disciplinary action
Board powers to issue rules and regulations
This statutory framework empowers the Board to adopt administrative rules under Title 14 NDAC and enforce compliance.
Key Provisions of Title 14 NDAC
1. Licensing and Examination
Barber Licenses: The Board issues licenses to individuals who pass a written and practical exam demonstrating competency in barbering skills and knowledge.
Apprenticeship and Education: Rules define required hours of training, curriculum standards, and qualifications for barber schools or apprenticeships.
License Renewal: Licenses must be renewed periodically, with fees and continuing education (if required).
Reciprocity: The Board may recognize licenses from other states under certain conditions.
2. Barber Shop Licensing and Inspection
Barber shops must be licensed separately from individual barbers.
Shops must comply with sanitation and safety standards, including proper sterilization of tools, cleanliness of workstations, and sanitary facilities.
Regular inspections ensure ongoing compliance.
Violations can result in fines or closure orders.
3. Sanitation and Safety Standards
Rules specify the proper cleaning, disinfecting, and storage of barber instruments.
Requirements for personal hygiene and protective equipment.
Safe disposal of single-use items.
Procedures for preventing the spread of communicable diseases.
4. Conduct and Discipline
Licensees must adhere to professional conduct standards.
Grounds for disciplinary action include fraud, incompetence, violation of sanitary standards, and unlicensed practice.
The Board has authority to issue warnings, suspend or revoke licenses, and impose fines.
Administrative hearings provide due process protections to licensees facing discipline.
5. Complaint Investigation and Enforcement
The Board investigates complaints from consumers or other sources regarding barber practices or shop conditions.
Investigation procedures are detailed to ensure fairness.
Enforcement actions follow if violations are confirmed.
Relevant Case Law on Barber Licensing and Regulation
Although relatively few court cases directly interpret Title 14 NDAC or the Barber Board’s rules, some relevant legal principles apply to administrative regulation of professions like barbering:
1. Scope of Board Authority
Legal Principle: Courts generally uphold the Board’s authority to license and regulate barbers as a valid exercise of the state’s police powers to protect public health and safety.
Outcome: Challenges to licensing requirements or shop inspections are usually rejected unless the Board acts arbitrarily or beyond its statutory authority.
2. Due Process in Disciplinary Actions
Legal Principle: Barbers facing license suspension or revocation are entitled to due process, including notice, a fair hearing, and an opportunity to present a defense.
Outcome: If the Board fails to provide these protections, courts may invalidate disciplinary decisions or order a new hearing.
3. Reasonableness of Sanitation Rules
Legal Principle: Sanitation and safety rules adopted by the Board are typically upheld if they have a reasonable basis in protecting public health.
Outcome: Courts give deference to the Board’s expertise and defer to its rules unless they are arbitrary or capricious.
4. Unlicensed Practice Enforcement
Legal Principle: The state may prohibit individuals from practicing barbering without a valid license, and courts support enforcement actions against unlicensed practitioners.
Outcome: Fines or injunctions against unlicensed barbers have been upheld, as the licensing requirement protects consumers.
Practical Impact of Title 14 NDAC
Barbers must complete required training and examinations to become licensed and must comply with continuing education or renewal requirements.
Barber shops must maintain sanitary conditions and obtain proper licensure.
Consumers gain protection against unsanitary or incompetent barbering practices.
The Board enforces compliance through inspections, investigations, and disciplinary proceedings.
Summary
Title 14 NDAC empowers the North Dakota Board of Barber Examiners to regulate the barbering profession in the state. The rules cover licensing, education, shop standards, sanitation, and enforcement to protect public health and maintain professional standards. Courts have generally supported the Board’s regulatory authority, emphasizing due process protections and reasonableness of rules.
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