Chapter 4709 | Barbers

Section 4709.01 | Barber definitions.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

As used in this chapter:

(A)(1) Except as provided in division (A)(2) of this section, "the practice of barbering" means any one or more of the following when performed upon the head, neck, or face for cosmetic purposes and when performed upon the public for pay, free, or otherwise:

(a) Shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair;

(b) Cutting or styling hair;

(c) Facials, skin care, or scalp massages;

(d) Shampooing, bleaching, coloring, straightening, or permanent waving hair;

(e) Cutting, fitting, or forming head caps for wigs or hair pieces.

(2) "The practice of barbering" does not include the practice of natural hair styling.

(B) "Barber" means an individual who engages in the practice of barbering.

(C) "Barber instructor" means an individual authorized to teach the theory and practice of barbering.

(D) "Assistant barber instructor" means an individual authorized to assist a barber instructor in teaching the theory and practice of barbering.

(E) "Barber pole" means a cylinder or pole with alternating stripes of any combination including red and white, and red, white, and blue, which run diagonally along the length of the cylinder or pole.

(F) "Barber shop" means any premises, building, or part of a building in which an individual engages in the practice of barbering.

(G) "Biennial licensing period" means the two-year period beginning on the first day of September of an even-numbered year and ending on the last day of August of the next even-numbered year.

(H) "Cosmetic therapy," "practice of natural hair styling," and "school" have the same meanings as in section 4713.01 of the Revised Code.

(I) "Independent contractor" means an individual who is not an employee of a barber shop but practices barbering within a barber shop.

(J) "Infection control" means the practice of preventing the spread of infections and disease by ensuring that a barber shop, including all equipment and implements in the barber shop, are maintained by doing all of the following, as applicable:

(1) Removing surface or visible dirt or debris by cleaning with soap, detergent, or a chemical cleaner, followed by rinsing with clean water;

(2) Using a chemical disinfectant to kill or denature bacteria, fungi, and viruses;

(3) Applying heat or using other procedures to eliminate, remove, or kill all forms of microbial life present on a surface or contained in a fluid.

Last updated August 27, 2024 at 9:52 AM

Section 4709.02 | Prohibited acts.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

Except as otherwise provided in this chapter, no individual shall do any of the following:

(A) Engage in the practice of barbering without one of the following:

(1) A current, valid barber license issued under section 4709.07 or 4709.08 of the Revised Code;

(2) A current, valid temporary pre-examination work permit issued under section 4709.071 of the Revised Code.

(B) Operate a barber shop without a current, valid barber shop license issued under section 4709.09 of the Revised Code;

(C) Except as provided in section 4713.45 of the Revised Code, teach or assist in teaching the theory and practice of barbering without a current, valid barber instructor or assistant barber instructor license issued under section 4709.072 of the Revised Code;

(D) Use or display a barber pole for the purpose of advertising or offering barber services without a current, valid barber shop license issued under section 4709.09 of the Revised Code;

(E) Use fraud or deceit in obtaining or applying for a license or permit issued pursuant to this chapter;

(F) Employ an individual to perform the practice of barbering unless the individual holds one of the following:

(1) A current, valid barber license issued under section 4709.07 or 4709.08 of the Revised Code;

(2) A current, valid temporary pre-examination work permit issued under section 4709.071 of the Revised Code.

(G) Practice barbering at a barber shop as an independent contractor without a current, valid independent contractor license issued under section 4709.09 of the Revised Code;

(H) Provide any of the following at a barber shop for pay, free, or otherwise:

(1) Massage therapy, unless the individual has a current, valid license issued by the state medical board under section 4731.15 of the Revised Code;

(2) Any other professional service, unless the individual has a current, valid license or certificate issued by the professional regulatory board of this state that regulates the profession;

(3) Cosmetic therapy, unless the individual is authorized by rules adopted under section 4709.05 of the Revised Code.

(I) Practice barbering in a location other than a barber shop unless exempted under section 4709.031 or 4713.351 of the Revised Code;

(J) Aid or abet any individual or entity in any of the following:

(1) Violating this chapter or a rule adopted under it;

(2) Obtaining a license or permit fraudulently;

(3) Falsely pretending to hold a current, valid license or permit.

Last updated October 24, 2024 at 4:11 AM

Section 4709.03 | Exemptions.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) The following individuals are exempt from this chapter, except section 4709.091 of the Revised Code, as applicable:

(1) All individuals licensed by this state to practice medicine, surgery, dentistry, or any branch of medicine, surgery, or dentistry, while acting within the scope of practice for the license, permit, or certificate held;

(2) Commissioned medical or surgical officers of the United States army, navy, air force, or marine hospital service, and attendants attached to the same, while acting within the scope of practice for the license, permit, or certificate held;

(3) Nurses licensed under Chapter 4723. of the Revised Code, while acting within the scope of practice for the license or certificate held;

(4) Cosmetologists and hair designers licensed under Chapter 4713. of the Revised Code, while acting within the scope of practice for the license or permit held;

(5) Funeral directors, embalmers, and apprentices licensed or certified under Chapter 4717. of the Revised Code, while acting within the scope of practice for the license, permit, or certificate held;

(6) Volunteers of hospitals and homes as defined in section 3721.01 of the Revised Code, who render service to registered patients and inpatients who reside in such hospitals or homes;

(7) Nurse aides and other employees of hospitals and homes as defined in section 3721.01 of the Revised Code, who engage in the practice of barbering on registered patients only as part of general patient care services and who do not charge patients directly on a fee-for-service basis;

(8) Massage therapists who hold current, valid licenses to practice massage therapy issued by the state medical board under section 4731.15 of the Revised Code, while acting within the scope of practice for the license held;

(9) Inmates who provide services related to the practice of barbering to other inmates, except when those services are provided in a licensed barber shop or school within a state correctional institution.

(B) A volunteer described in division (A)(6) of this section shall not use or work with any chemical products such as permanent wave, hair dye, or chemical hair relaxer, which without proper training would pose a health or safety problem to a patient.

(C) The director of rehabilitation and correction shall oversee the services described in division (A)(9) of this section with respect to infection control and adopt rules governing those types of services provided by inmates.

Last updated October 24, 2024 at 4:11 AM

Section 4709.031 | Funeral home exception.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

Nothing in this chapter prohibits an individual holding a license issued under this chapter from practicing barbering on a dead human body at a funeral home or embalming facility licensed under section 4717.06 of the Revised Code.

Last updated August 29, 2024 at 4:08 PM

Section 4709.05 | Duties of board; administrative rulemaking.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) In addition to any other duty imposed on the state cosmetology and barber board under this chapter or Chapter 4713. of the Revised Code, the board shall do all of the following:

(1) Regulate the practice of barbering in this state;

(2) Conduct or have conducted the examination for applicants to practice as licensed barbers;

(3) Prescribe and make available application forms to be used by individuals seeking admission to an examination conducted under section 4709.07 of the Revised Code or a license or permit issued under this chapter;

(4) Prescribe and make available application forms to be used by individuals seeking renewal of a license or permit issued under this chapter;

(5) Furnish a copy of the infection control standards adopted pursuant to division (A)(8)(a) of this section to both of the following:

(a) Each individual or person to whom the board issues a barber license or license to operate a barber shop;

(b) Each individual providing cosmetic therapy, massage therapy, or other professional service in a barber shop under section 4709.091 of the Revised Code.

(6) Supply a copy of the poster created pursuant to division (B) of section 5502.63 of the Revised Code to each person authorized to operate a barber shop under this chapter;

(7) Comply with sections 4713.641 and 4713.66 of the Revised Code regarding investigations and inspections;

(8) Adopt rules, in accordance with Chapter 119. of the Revised Code, to administer and enforce this chapter and that cover all of the following:

(a) Infection control standards for the practice of barbering and the operation of barber shops;

(b) The content of the examination required of an applicant for a barber license under section 4709.07 of the Revised Code and the passing score required for the examination;

(c) Conditions an individual must satisfy to qualify for a temporary pre-examination work permit under section 4709.071 of the Revised Code and the conditions and method of renewing a temporary pre-examination work permit under that section;

(d) Requirements for the licensure of barber instructors and assistant barber instructors that are in addition to the requirements specified in section 4709.072 of the Revised Code;

(e) Conditions under which the board will take into account, under section 4709.073 of the Revised Code, instruction an applicant for a license under section 4709.07 or 4709.072 of the Revised Code received more than five years before the date of application for the license;

(f) Conditions an applicant must satisfy for the board to issue the applicant a license under section 4709.08 of the Revised Code without the applicant taking an examination conducted under section 4709.07 of the Revised Code;

(g) Conditions an applicant must satisfy for the board to issue the applicant an independent contractor license under section 4709.09 of the Revised Code and the fee for the issuance and renewal of the license;

(h) Specify which professions regulated by a professional regulatory board of this state may be practiced in a barber shop under section 4709.091 of the Revised Code, including whether cosmetic therapy may be practiced in a barber shop;

(i) Establish standards for the provision of cosmetic therapy, massage therapy, or other professional service in a barber shop pursuant to section 4709.091 of the Revised Code;

(j) If the board, under section 4709.111 of the Revised Code, develops a procedure for classifying licenses inactive, do both of the following:

(i) Establish a fee for having a license classified inactive that reflects the cost to the board of providing the inactive license service;

(ii) Specify the continuing education that an individual whose license has been classified inactive must complete to have the license restored.

(k) Any other area the board determines appropriate to administer or enforce this chapter.

(B) The infection control standards established under division (A)(8)(a) of this section shall focus in particular on precautions to be employed to prevent infectious or contagious diseases being created or spread.

(C) The content of the examination specified in rules adopted under division (A)(8)(b) of this section shall include a practical demonstration and a written test, shall relate only to the practice of barbering, and shall require the applicant to demonstrate that the applicant has a thorough knowledge of and competence in the proper techniques in the safe use of chemicals used in the practice of barbering. The minimum passing score of the examination shall not exceed seventy-five per cent.

(D) The rules adopted under division (A)(8)(c) of this section may establish additional conditions for a temporary pre-examination work permit under section 4709.071 of the Revised Code that are applicable to individuals who are licensed to practice barbering in another state or country.

(E) The conditions specified in rules adopted under division (A)(8)(f) of this section may include that an applicant is applying for a barber license for which the board determines an examination is unnecessary.

(F) The rules adopted under division (A)(8)(h) of this section shall not include a profession if practice of the profession in a barber shop is a violation of a statute or rule governing the profession.

(G) If the board adopts a procedure for classifying licenses inactive, the continuing education specified under division (A)(8)(j)(ii) of this section shall be sufficient to ensure the minimum competency in the use or administration of a new procedure or product required by a licensee necessary to protect public health and safety. The requirement shall not exceed the cumulative number of hours of continuing education that the individual would have been required to complete had the individual retained an active license.

Last updated October 24, 2024 at 4:10 AM

Section 4709.051 | Continuing education rules.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) The state cosmetology and barber board may adopt rules in accordance with section 4709.05 of the Revised Code to establish a continuing education requirement, not to exceed eight hours in a biennial licensing period, as a condition of renewal for a barber license, barber instructor license, or assistant barber instructor license.

(B) If the board establishes a continuing education requirement under division (A) of this section, an individual holding a barber license, barber instructor license, or assistant barber instructor license shall satisfy the requirement by completing a continuing education program approved in accordance with division (B) of section 4713.62 of the Revised Code.

These hours may include training in identifying and addressing the crime of trafficking in persons as described in section 2905.32 of the Revised Code. At least two of the eight hours of the continuing education requirement must be achieved in courses concerning safety and infection control, and at least one hour of the eight hours of the continuing education requirement must be achieved in courses concerning law and rule updates.

Last updated August 29, 2024 at 4:18 PM

Section 4709.07 | License application and examination.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) Each individual who applies to take the required barber examination to qualify for licensure as a barber shall demonstrate that the individual meets all of the following:

(1) Is at least sixteen years of age;

(2) Has an eighth grade education or an equivalent education as determined by the department of education and workforce, or equivalent organization in the state where the applicant resides;

(3) Has submitted a written application on a form furnished by the board that contains all of the following:

(a) The name of the individual and any other identifying information required by the board;

(b) A photocopy of the individual's current driver's license or other proof of legal residence;

(c) An oath verifying that the information in the application is true.

(4) Notwithstanding section 4798.05 of the Revised Code, submits to having a photograph and biometric fingerprint scan taken by the board;

(5) Has graduated with at least one thousand eight hundred hours of board-approved training from a school or has graduated with at least one thousand hours of board-approved training from a school and has a current cosmetology or hair designer license issued pursuant to Chapter 4713. of the Revised Code;

(6) Has paid the application fee.

(B) The board shall issue a barber license to an applicant who passes the examination and pays the license fee.

(C) If an applicant fails to pass any part of the examination, the applicant is ineligible for licensure; however, the applicant may reapply for examination and pay the required reexamination fee. An applicant is only required to take that part or parts of the examination that the applicant did not pass. The board shall provide to an applicant, upon request, a report which explains the reasons for the applicant's failure to pass the examination.

(D) Every licensed barber shall maintain the board-issued, wallet-sized license or electronically generated license certification and a current government-issued photo identification that can be produced on inspection or request.

(E) The board shall issue a license to practice barbering in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:

(1) The applicant holds a license to practice barbering in another state.

(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as a barber in a state that does not issue that license.

Last updated August 27, 2024 at 9:56 AM

Section 4709.071 | Temporary pre-examination work permit.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) The state cosmetology and barber board shall issue a temporary pre-examination work permit to practice barbering to an individual who applies for and is eligible to take an examination conducted under section 4709.07 of the Revised Code, if the individual satisfies all of the following conditions:

(1) The individual has not previously failed an examination conducted under section 4709.07 of the Revised Code.

(2) The individual pays to the board the applicable fee.

(3) The individual satisfies all other conditions established by rules adopted under section 4709.05 of the Revised Code.

(B) An individual issued a temporary pre-examination work permit under this section may practice barbering until the date the individual is scheduled to take an examination under section 4709.07 of the Revised Code. The individual shall practice under the supervision of an individual holding a current, valid barber license.

(C) A temporary pre-examination work permit is renewable in accordance with rules adopted under section 4709.05 of the Revised Code.

Last updated August 29, 2024 at 4:15 PM

Section 4709.072 | Application for barber instructor license.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) The state cosmetology and barber board shall issue a barber instructor license to an applicant who meets all of the following requirements:

(1) Is at least eighteen years of age;

(2) Holds a current, valid barber license issued under section 4709.07 of the Revised Code and meets either of the following requirements:

(a) Has at least eighteen months of work experience in a licensed barber shop;

(b) Has been employed as an assistant barber instructor under the supervision of a licensed barber for at least one year.

(3) Passes the required examination;

(4) Pays the applicable license fee;

(5) Meets any additional requirements specified in rules adopted by the board under section 4709.05 of the Revised Code.

(B) The board shall issue an assistant barber instructor license to an applicant who holds a current, valid barber license issued under section 4709.07 of the Revised Code and meets the requirements listed in divisions (A)(1), (4), and (5) of this section.

(C) Every holder of a barber instructor license or assistant barber instructor license shall maintain a board-issued, wallet-sized license or electronically generated license certification and a current government-issued photo identification that can be produced upon inspection or request.

Last updated August 29, 2024 at 4:16 PM

Section 4709.073 | Hours of instruction.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

When determining the total hours of instruction received by an applicant under section 4709.07 or 4709.072 of the Revised Code, the state cosmetology and barber board shall not take into account more than ten hours of instruction per day. The board shall take into account instruction received more than five years before the date of application for the license in accordance with rules adopted under section 4709.05 of the Revised Code.

Last updated August 29, 2024 at 4:18 PM

Section 4709.08 | Reciprocity.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) Any individual who holds a current license or registration to practice as a barber or teach the theory and practice of barbering in any other country whose requirements for licensure or registration of barbers, barber instructors, or assistant barber instructors are substantially equivalent to the requirements of this chapter and rules adopted under it may apply to the state cosmetology and barber board for a barber, barber instructor, or assistant barber instructor license.

(B) The board shall issue a license to an applicant who meets all of the following requirements:

(1) Is at least eighteen years of age;

(2) In the case of an applicant for a barber license, passes an examination conducted under section 4709.07 of the Revised Code, unless the applicant satisfies conditions specified in rules adopted under section 4709.05 of the Revised Code for the board to issue the applicant a license without taking the examination;

(3) Pays the required fees.

Last updated August 27, 2024 at 9:57 AM

Section 4709.09 | Application for barber shop license - related businesses.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) Each applicant who desires to obtain a barber shop license shall apply to the state cosmetology and barber board, on forms provided by the board. The board shall issue a barber shop license to an applicant if the board determines that the applicant has paid the license fee and ensured that the barber shop shall meet all of the following requirements:

(1) Be in the charge and under the immediate supervision of a licensed barber;

(2) Be equipped to provide running hot and cold water and proper drainage;

(3) Be in compliance with the infection control standards adopted by the board in rule;

(4) Pass an initial inspection as described in division (A)(10) of section 4713.07 of the Revised Code.

(B) An applicant issued a barber shop license under division (A) of this section shall display the shop license and a copy of the infection control standards provided by the board under division (A)(5) of section 4709.05 of the Revised Code in a public and conspicuous place in the barber shop.

(C)(1) Any licensed barber who leases space in a licensed barber shop and engages in the practice of barbering independent and free from supervision of the owner or manager of the barber shop shall obtain an independent contractor license by submitting the form provided by the board, paying the applicable fee, and satisfying the conditions for the license established in rules adopted under section 4709.05 of the Revised Code.

(2) Every holder of an independent contractor license shall maintain the board-issued, wallet-sized license or electronically generated license certification and a current government-issued photo identification that can be produced upon inspection or request.

(D) A shop license is not transferable from one owner to another or from one location to another.

(E) Tanning facilities issued a permit under section 4713.48 of the Revised Code may be operated in a barber shop.

Last updated August 27, 2024 at 9:58 AM

Section 4709.091 | Cosmetic or massage therapy in barber shops.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) An individual holding a current, valid license issued under section 4731.15 of the Revised Code to provide massage therapy may provide massage therapy in a barber shop. An individual holding a current, valid license or certificate issued by a professional regulatory board of this state may practice the individual's profession in a barber shop if the individual's profession is authorized by rules adopted under section 4709.05 of the Revised Code to practice in a barber shop. An individual may provide cosmetic therapy in a barber shop if authorized by rules adopted under section 4709.05 of the Revised Code to practice in a barber shop.

(B) An individual providing cosmetic therapy, massage therapy, or other professional service in a barber shop pursuant to this section shall satisfy the standards established by rules adopted under section 4709.05 of the Revised Code.

(C) An individual who provides massage therapy or other professional services in a barber shop under this section shall maintain the individual's professional license or certificate or electronically generated license certification or registration and a state of Ohio issued photo identification that can be produced on inspection or request.

Last updated August 29, 2024 at 4:22 PM

Section 4709.10 | Schools that offer instruction in barbering.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

An applicant for a license to operate a school shall submit an application to the state cosmetology and barber board and satisfy the requirements under section 4713.44 of the Revised Code to be issued the license. If the school for which the applicant is applying for a license under that section offers instruction in the theory and practice of barbering, the applicant shall do all of the following to be issued the license:

(A) Provide sufficient licensed teaching personnel to meet the minimum student-instructor ratio established by the board in rules adopted under section 4713.08 of the Revised Code;

(B) Establish minimum standards for acceptance of student applicants for admission to the school to learn the theory and practice of barbering;

(C) Employ not more than two licensed assistant barber instructors for each licensed barber instructor employed or fewer than two licensed instructors or one licensed instructor and one licensed assistant instructor at each facility;

(D) Pass an initial inspection as described in division (A)(10) of section 4713.07 of the Revised Code.

Last updated October 24, 2024 at 4:10 AM

Section 4709.11 | License renewal.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

Every license issued pursuant to this chapter expires on the thirty-first day of August of each even-numbered year. Each licensee desiring to do so shall, on or before the first day of September of each even-numbered year, renew the licensee's license pursuant to the standard renewal procedure of Chapter 4745. of the Revised Code.

If the state cosmetology and barber board adopts rules under section 4709.051 of the Revised Code to establish a continuing education requirement as a condition of renewal for a barber license, barber instructor license, or assistant barber instructor license, the board shall inform each licensee of the continuing education requirement that applies to the next biennial licensing period by including that information in the renewal notification the board sends the licensee. The board shall state in the notification that the licensee must complete the continuing education requirement by the fifteenth day of August of the next even-numbered year. Hours completed in excess of the continuing education requirement may not be applied to the next biennial licensing period.

The board may waive or extend the period for a licensee to complete any applicable continuing education requirement in accordance with division (B) of section 4713.60 of the Revised Code. Every license that has not been renewed in the timeframe specified in this section and for which the continuing education requirement has not been waived or extended shall be considered expired.

Last updated August 27, 2024 at 9:59 AM

Section 4709.111 | License classified inactive.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) If the state cosmetology and barber board adopts a continuing education requirement under section 4709.051 of the Revised Code, it may develop a procedure by which an individual who holds a barber license, barber instructor license, or assistant barber instructor license and who is not currently engaged in the practice of barbering or teaching or assisting in teaching of the theory and practice of barbering, but who desires to be so engaged in the future, may apply to the board to have the individual's license classified inactive. If the board develops this procedure, an individual seeking to have the individual's license classified inactive shall apply to the board on a form provided by the board and pay the fee established by rules adopted under section 4709.05 of the Revised Code.

(B) The board shall not restore an inactive license until the individual holding the license submits proof satisfactory to the board that the individual has completed the continuing education requirement established by the board in rules adopted under section 4709.05 of the Revised Code.

Last updated August 29, 2024 at 4:30 PM

Section 4709.112 | Restoring expired license.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

A barber license, barber instructor license, or assistant barber instructor license that has not been renewed for any reason other than because it has been revoked, suspended, classified inactive, or because the license holder has been given a waiver or extension under section 4709.11 of the Revised Code, is expired. An expired license may be restored if the individual who held the license satisfies both of the following requirements:

(A) Pays to the state cosmetology and barber board the restoration fee established under section 4709.12 of the Revised Code;

(B) Completes the continuing education requirement for renewal of a license established by the board in rules adopted under section 4709.051 of the Revised Code.

Last updated August 29, 2024 at 4:30 PM

Section 4709.12 | Fees.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) The state cosmetology and barber board shall charge and collect the following nonrefundable fees:

(1) For the application to take the barber examination, not more than ninety dollars;

(2) For an application to retake any one part of the barber examination, not more than forty-five dollars;

(3) For an application to take the barber examination by an applicant who has previously applied to take but failed to appear for the examination, not more than one hundred dollars;

(4) For the initial issuance of a license to practice as a barber, not more than thirty dollars;

(5) For the biennial renewal of the license to practice as a barber, not more than one hundred ten dollars;

(6) For the restoration of an expired barber license, not more than one hundred fifty dollars, and not more than seventy-five dollars for each lapsed year, provided that the total fee shall not exceed six hundred ninety dollars;

(7) For the issuance of a duplicate barber shop license, not more than forty-five dollars;

(8) For the issuance of a new barber shop license or a change of ownership, not more than one hundred ten dollars;

(9) For the biennial renewal of a barber shop license, not more than seventy-five dollars;

(10) For the restoration of a barber shop license, not more than one hundred ten dollars;

(11) For the examination and issuance of a biennial barber instructor license, not more than one hundred eighty-five dollars;

(12) For the issuance of a biennial assistant barber instructor license, not more than one hundred fifty dollars;

(13) For the renewal of a biennial barber instructor or assistant barber instructor license, not more than one hundred fifty dollars;

(14) For the restoration of an expired barber instructor or assistant barber instructor license, not more than two hundred twenty-five dollars, and not more than sixty dollars for each lapsed year, provided that the total fee shall not exceed four hundred fifty dollars;

(15) For the issuance of a barber license by reciprocity pursuant to section 4709.08 of the Revised Code, not more than three hundred dollars;

(16) For the preparation and mailing of a licensee's records to another state for a reciprocal license, not more than forty dollars;

(17) For a temporary pre-examination work permit under section 4709.071 of the Revised Code, not more than fifteen dollars.

(B) The board shall adjust the fees biennially, by rule, within the limits established by division (A) of this section, to provide sufficient revenues to meet its expenses.

(C) The board, subject to the approval of the controlling board, may establish fees in excess of the amounts provided in this section, provided that the fees do not exceed the amounts permitted by this section by more than fifty per cent.

(D) At the request of a person who is temporarily unable to pay a fee imposed under division (A) of this section, or on its own motion, the board may extend the date payment is due by up to ninety days. If the fee remains unpaid after the date payment is due, the amount of the fee shall be certified to the attorney general for collection in the form and manner prescribed by the attorney general. The attorney general may assess the collection cost to the amount certified in such a manner and amount as prescribed by the attorney general.

Last updated August 27, 2024 at 10:01 AM

Section 4709.13 | Disciplinary actions and reasons.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

(A) The state cosmetology and barber board may take disciplinary action under division (B) of this section for any of the following:

(1) Willful, false, and fraudulent or deceptive advertising;

(2) Habitual drunkenness or addiction to any habit-forming drug;

(3) Failure to comply with the safety, infection control, and licensing requirements of this chapter or rules adopted under it;

(4) Continued practice by an individual knowingly having an infectious or contagious disease;

(5) Falsification of any record or application required to be filed with the board;

(6) Failure to pay a fine or abide by a suspension order issued by the board;

(7) Failure to cooperate with an investigation or inspection;

(8) Failure to respond to a subpoena;

(9) Conviction of or plea of guilty to a violation of section 2905.32 of the Revised Code;

(10) In the case of a barber shop, any individual's conviction of or plea of guilty to a violation of section 2905.32 of the Revised Code for an activity that took place on the premises of the barber shop.

(B) On determining that there is cause for disciplinary action, the board may do one or more of the following:

(1) Deny, suspend, revoke, or impose conditions on a license or permit issued by the board pursuant to this chapter;

(2) Impose a fine;

(3) Require the holder of a license or permit issued under this chapter to take corrective action courses.

(C)(1) Except as provided in divisions (C)(2) and (3) of this section, the board shall take disciplinary action pursuant to an adjudication under Chapter 119. of the Revised Code.

(2) The board may take disciplinary action without conducting an adjudication under Chapter 119. of the Revised Code against an individual who or barber shop that is subject to discipline under division (A)(9) or (10) of this section. After the board takes such disciplinary action, the board shall give written notice to the subject of the disciplinary action of the right to request a hearing under Chapter 119. of the Revised Code.

(3) In lieu of an adjudication, the board may enter into a consent agreement with the holder of a license or permit issued under this chapter. A consent agreement that is ratified by a majority vote of a quorum of the board members is considered to constitute the findings and orders of the board with respect to the matter addressed in the agreement. If the board does not ratify a consent agreement, the admissions and findings contained in the agreement are of no effect, and the case shall be scheduled for adjudication under Chapter 119. of the Revised Code.

(D) The amount and content of corrective action courses and other relevant criteria shall be established by the board in rules adopted under section 4709.05 of the Revised Code.

(E)(1) The board may impose a separate fine for each offense listed in division (A) of this section. The amount of the first fine issued for a violation as the result of an inspection shall be not more than two hundred fifty dollars if the violator has not previously been fined for that offense. Any fines issued for additional violations during such an inspection shall not be more than one hundred dollars for each additional violation. The fine shall be not more than five hundred dollars if the violator has been fined for the same offense once before. Any fines issued for additional violations during a second inspection shall not be more than two hundred dollars for each additional violation. The fine shall be not more than one thousand dollars if the violator has been fined for the same offense two or more times before. Any fines issued for additional violations during a third inspection shall not be more than three hundred dollars for each additional violation.

(2) The board shall issue an order notifying a violator of a fine imposed under division (E)(1) of this section. The notice shall specify the date by which the fine is to be paid. The date shall be less than forty-five days after the board issues the order.

(3) At the request of a violator who is temporarily unable to pay a fine, or on the board's own motion, the board may extend the time period within which the violator shall pay the fine up to ninety days after the date the board issues the order.

(4) If the fine remains unpaid on the ninety-first day after the board issues an order under division (E)(2) of this section, the amount of the fine shall be certified to the attorney general for collection in the form and manner prescribed by the attorney general. The attorney general may assess the collection cost to the amount certified in such a manner and amount as prescribed by the attorney general.

(F) The board shall notify a licensee who is subject to discipline under division (A) of this section and the owner of the barber shop in which the conditions constituting the reason for discipline were found. The individual receiving the notice and the owner of the barber shop may request a hearing pursuant to section 119.07 of the Revised Code. If the individual or owner fails to request a hearing or enter into a consent agreement thirty days after the date the board, in accordance with sections 119.05 and 119.07 of the Revised Code, notifies the individual or owner of the board's intent to act against the individual or owner under division (A) of this section, the board, by a majority vote of a quorum of the board members, may take the action against the individual or owner without holding an adjudication hearing.

(G) The board, after a hearing in accordance with Chapter 119. of the Revised Code or pursuant to a consent agreement, may suspend a license or permit if the licensee or permit holder fails to correct an unsafe condition that exists in violation of the board's rules or fails to cooperate in an inspection. If a violation of this chapter or rules adopted under it has resulted in a condition reasonably believed by an inspector to create an immediate danger to the health and safety of any individual using the facility, the inspector may suspend the license or permit of the facility or the individual responsible for the violation without a prior hearing until the condition is corrected or until a hearing in accordance with Chapter 119. of the Revised Code is held or a consent agreement is entered into and the board either upholds the suspension or reinstates the license or permit.

(H) The board shall not take disciplinary action against a person licensed to operate a barber shop for a violation of this chapter that was committed by a licensed barber while practicing within the barber shop, when the barber's actions were beyond the control of the barber shop owner.

Last updated October 24, 2024 at 4:09 AM

Section 4709.14 | Injunctive relief.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

If the state cosmetology and barber board determines that any individual is violating or is about to violate any provision of this chapter or the rules adopted pursuant thereto, the board may apply to a court of competent jurisdiction for injunctive relief and such other relief to prevent further violations. The attorney general shall, at the board's request, represent the board in any such action.

Last updated August 27, 2024 at 10:02 AM

Section 4709.99 | Penalty.

• Effective: October 24, 2024
• Latest Legislation: House Bill 158 - 135th General Assembly

Whoever violates section 4709.02 of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars for a first offense; for each subsequent violation of the same provision, the person shall be fined not less than five hundred nor more than one thousand dollars.

Last updated August 27, 2024 at 10:03 AM