Chapter 402
S.P. 659 - L.D. 1842
PART HH
Sec. HH-1. 32 MRSA §14202, sub-§10-A is enacted to read:
10-A. School.
"School" means a school or learning institution where a program of study in cosmetology, barbering, aesthetics or manicuring or the instruction of cosmetology, barbering, aesthetics or manicuring is offered or taught.
Sec. HH-2. 32 MRSA §14202, sub-§13, as renumbered by RR 1993, c. 2, §35, is amended to read:
13. Trainee.
"Trainee" means any person who is registered with the board and, under the direct supervision of a person licensed under this chapter in the same category as the training performed and in accordance with board rules, is engaged in learning and acquiring a knowledge of the practice of:A. Cosmetology;
B. Barbering;
C. Aesthetics; or
D. Manicuring.
Sec. HH-3. 32 MRSA §14203, sub-§2, as amended by PL 1997, c. 210, §§18 to 20 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
2. Exceptions.
The practice of cosmetology, barbering, aesthetics or manicuring may be carried on only by persons duly licensed to practice in this State and only in an establishment licensed by the board, except as provided in this subsection. Duly licensed persons may practice their respective practices:A. On patients in hospitals or nursing homes;
B. On residents of summer camps;
C. On inmates or residents of institutions of the Department of Health and Human Services;
D. On invalids or handicapped persons in those persons' places of residence;
E. On residents of nursing homes;
F. On hotel or motel occupants in their hotel or motel rooms;
G. On persons in their residences;
H. On persons in their private businesses; and
I. On human remains in licensed funeral establishments.
The exceptions listed in this subsection do not permit the practice of barbering, cosmetology, manicuring or aesthetics in food establishments or food preparation areas.
Sec. HH-4. 32 MRSA §14204, 2nd ¶, as amended by PL 1997, c. 210, §21, is further amended to read:
The board shall adopt rules for the qualification and examination of applicants for licensure as instructors of barbering or , cosmetology , aesthetics or manicuring in accordance with Title 5, chapter 375, subchapter II 2.
Sec. HH-5. 32 MRSA §14204, 3rd ¶, as amended by PL 1999, c. 386, Pt. U, §1, is further amended to read:
Upon satisfactory completion of an instructor examination, the applicant must pay a the fee as set under section 14238 to be authorized to instruct.
Sec. HH-6. 32 MRSA §14205, as amended by PL 1993, c. 630, Pt. B, §14 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
1. Penalties.
A person commits a Class E crime is subject to the provisions of section 14236-A and Title 10, section 8003-C if that person:A. Practices barbering, cosmetology, manicuring or aesthetics in this State without having obtained a license as provided by this chapter;
B. Employs a person to practice barbering, cosmetology, manicuring or aesthetics who does not have a license, unless that person is a trainee within the meaning of this chapter; or
C. Falsely professes to be qualified to practice barbering, cosmetology, manicuring or aesthetics under this chapter.
2. Court action.
The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.
Sec. HH-7. 32 MRSA §14211-A, as amended by PL 2005, c. 235, §§5 and 6, is further amended to read:
1. Membership.
The Board of Barbering and Cosmetology, as established by Title 5, section 12004-A, subsection 6, consists of 8 members appointed by the Governor. Two members must be representatives of the public members as defined in Title 5, section 12004-A; 2 must be licensed and practicing cosmetologists; one must be a licensed and practicing barber; one must be a licensed instructor that has at least 3 years of instructing experience and no current affiliation with any school currently licensed in the State; one must be a licensed and practicing manicurist; and one must be a licensed and practicing aesthetician.
2. Term.
Appointments are for 3-year terms and must comply with Title 10, section 60 8009. A member may be removed by the Governor for cause.
3. Qualifications.
Each member of the board must be a citizen of the United States and a resident of this State. The cosmetologist and barber members must be currently licensed by the State and have engaged in active practice of their profession for at least 4 years immediately prior to appointment. The cosmetologist and barber members must hold valid licenses and must be actively engaged in the practice of cosmetology or barbering while serving on the board.
4. Meetings; chair; quorum.
The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings may must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. A majority Five members of the board constitutes constitute a quorum for all purposes.
Sec. HH-8. 32 MRSA §14212, as amended by PL 2001, c. 599, §2, is further amended to read:
The board has the following powers and duties, in addition to those otherwise set forth in this chapter.
1. Board to administer, coordinate and enforce.
The board shall administer, coordinate and enforce this chapter , and evaluate the qualifications and supervise approve the examinations of taken by applicants for licensure under this chapter and, at its discretion, investigate allegations of violations of this chapter. The board shall keep such records and minutes as necessary to the ordinary dispatch of its functions. A member of the board or a department employee may enter and make reasonable examination of any licensed establishment during business hours for the purpose of ascertaining whether or not this chapter and board rules are being observed.
2. Rules.
The board shall adopt, in accordance with the Maine Administrative Procedure Act, rules necessary to carry out the purposes of this chapter.The rules must address, but are not limited to, the following:
A. The proper use of appliances, apparatus, and electrical and nonelectrical machines used in connection with the practice of cosmetology, barbering, manicuring and aesthetics;
B. Construction and safety of establishments;
C. Reasonable requirements, including sanitary and safety standards, to govern the practice of cosmetology, barbering, manicuring and aesthetics within licensed establishments as well as for persons practicing outside of licensed establishments as authorized by section 14203; and
D. Requirements for licenses consistent with this chapter.
A copy of these rules must be kept posted in a conspicuous place within licensed establishments so as to be easily read by customers. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
3. Hearings.
Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as the board otherwise determines necessary to fulfill its responsibilities under this chapter. The board may not refuse to renew a license for any reason other than failure to pay the required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without hearing for any reason other than failure to pay a required fee, as long as the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the application, the reasons for the denial and the right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
4. Diseases.
A person who has a communicable disease may not give service to members of the public, including service within licensed establishments or schools licensed by the board. The board has the right to require the physical examination of any person who is suspected of having any communicable disease. Failure to submit to such an examination is grounds for suspension or revocation of the person's registration, certification, permit or license.
6. Reports.
The board shall submit to the commissioner, no later than August 1st of each year, an annual report of its operations and financial position for the preceding fiscal year ending June 30th, together with those comments and recommendations that the board determines essential.
8. Complaints.
The board shall investigate or cause to be investigated all complaints made on its own motion or on written complaint filed with the board and all cases of noncompliance with or violation of this chapter or any rules adopted by the board.
9. Officers.
The board shall elect annually from among its members a chair, vice-chair and other officers as it determines necessary. The board shall appoint a person to serve as complaint officer.
11. Inspections.
The board or its agents shall conduct random inspections of licensed establishments and booths as considered necessary for compliance with the applicable requirements of this chapter and the applicable rules of the board adopted pursuant to this chapter. A member of the board or a department employee or representative may enter and make reasonable examination of any licensed establishment during business hours for the purpose of ascertaining whether or not the provisions of this chapter and board rules are being observed.
Sec. HH-9. 32 MRSA §14213, as enacted by PL 1991, c. 397, §6, is repealed.
Sec. HH-10. 32 MRSA §14224, as amended by PL 1999, c. 386, Pt. U, §2 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
1. Practice; license required.
A person may not practice cosmetology, barbering, manicuring or aesthetics in this State unless that person has first obtained a license as provided in this chapter or unless that person is acting within the scope of employment as a trainee.
2. Operation of shop; license required.
A person, firm or corporation may not provide services in, operate or cause to be operated a shop where cosmetology, barbering, manicuring or aesthetics is practiced unless that shop has been duly licensed by the board. A license issued pursuant to this subsection authorizes the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location is unlawful unless a license for the new location has been obtained in compliance with this chapter and applicable board rules. The board shall furnish to each licensed cosmetologist, barber, manicurist or aesthetician a license certifying that the holder of that license is entitled to practice in this State. The licensee shall post the license in a conspicuous place where it may be readily seen and read by all persons served. The reproduction, altering or defacing of any license is prohibited.
Booths attached to or within a licensed shop that are operated independently are subject to licensure, fees and applicable rules in the same manner as independent shops. The board may establish rules for the operation of booths.
Shop licenses are issued on July 1st and must be renewed biennially unless otherwise provided by the commissioner. The renewal fee is payable to the board set under section 14238.
The exceptions listed in section 14203, subsection 3 do not permit the practice of cosmetology, barbering, manicuring or aesthetics in food establishments or food preparation areas.
2-A. Operation of tanning device; public access.
An establishment in which a tanning device as that term is defined in rules adopted by the Department of Health and Human Services is operated on the effective date of this subsection is not required to partition off the working area of the establishment or maintain a separate entrance in order to provide public access to the tanning device. If such an establishment undergoes a material alteration or adds more tanning devices, then the establishment may be prohibited from providing public access to the tanning device through the working area.
2-B. Change of ownership; change of location.
The owner of a new shop is required to apply to the board for licensure of that shop. The owner of a licensed shop that undergoes a change in location is required to reapply to the board for licensure. The owner or owners of a licensed shop that undergoes a change in ownership shall notify the board within 7 days of the change. If a shop has more than one owner and the change in ownership results from the death or divorce of one of the owners, the notice must be provided to the board as set forth in subsection 2-C. Whenever there is a change of ownership, the shop license is valid for 30 days from the transaction date to allow the new owner to comply with this section.
2-C. Ownership changes resulting from death or divorce of an owner.
If a licensed shop has more than one owner and ownership changes as a result of the death or divorce of one of the owners, the board shall reissue the license for the remaining license period as long as a remaining owner is named on the existing license and the board is notified within 30 days of the divorce decree or the date of death. A shop license is valid for 60 days following the death of the person in whose name the shop is licensed.
2-D. Special inspections.
A shop that requires a special inspection, such as a new shop or a shop that changes location or ownership, may be assessed a separate inspection fee.
3. Trainee.
A trainee cosmetologist, barber, manicurist or aesthetician registered licensed pursuant to section 14232 may not independently conduct a practice but may, as a trainee, do any or all acts constituting the practice under the immediate personal supervision of a person duly licensed and approved by the board in a licensed shop. Only one trainee may be employed in any licensed shop at any time.
4. Student license required.
A student enrolled in the study of cosmetology, barbering, manicuring or aesthetics must be registered licensed with the board pursuant to section 14233.
A person who violates this section is subject to the provisions of section 14236-A and Title 10, section 8003-C.
Sec. HH-11. 32 MRSA §14225, first ¶, as enacted by PL 1991, c. 397, §6, is amended to read:
The board may, subject to section 14112, adopt rules authorizing the issuance of special mobile shop licenses, including requirements for mobile shops, locations for these shops and any other rules that the board considers necessary. The fee for a special mobile shop license is set under section 14238.
Sec. HH-12. 32 MRSA §14226, sub-§4, as amended by PL 1997, c. 210, §§25 and 26, is further amended to read:
4. Examination.
Has satisfactorily passed an examination approved by the board in subjects the board considers necessary to determine the fitness of the applicant to practice. The board shall may establish the passing score for all examinations.B. Within 90 days of notification of passing an examination, the applicant must pay a the fee established by the board as set under section 14238 to receive a first license. The first license is valid until the next renewal period. The board has the authority to waive the 90-day time period for extenuating circumstances. If not successful, the applicant may take subsequent examinations held within a period of one year from the date of the applicant's first examination. An applicant who fails to pass an examination within one year from the applicant's first examination may take another examination at a time and under the conditions that the board determines.
Sec. HH-13. 32 MRSA §14227, sub-§4, as amended by PL 1997, c. 210, §§29 and 30, is further amended to read:
4. Examination.
Has satisfactorily passed an examination approved by the board in subjects the board considers necessary to determine the fitness of the applicant to practice. The board shall may establish the passing score for all examinations.B. Within 90 days of notification of passing an examination, the applicant must pay a the fee established by the board as set under section 14238 to receive a first license. The first license is valid until the next renewal period. The board has the authority to waive the 90-day time period for extenuating circumstances. If not successful, the applicant may take subsequent examinations held within a period of one year from the date of the applicant's first examination. Any applicant who fails to pass an examination within one year from the applicant's first examination may take another examination at a time and under the conditions that the board determines.
Sec. HH-14. 32 MRSA §14228, sub-§4, as amended by PL 1997, c. 210, §§33 and 34, is further amended to read:
4. Examination.
Has satisfactorily passed an examination approved by the board in subjects the board considers necessary to determine the fitness of the applicant to practice. The board shall may establish the passing score for all examinations.B. Within 90 days of notification of passing an examination, the applicant must pay a the fee established by the board as set under section 14238 to receive a first license. The first license is valid until the next renewal period. The board has the authority to waive the 90-day time period for extenuating circumstances. If not successful, the applicant may take subsequent examinations held within a period of one year from the date of the applicant's first examination. Any applicant who fails to pass an examination within one year from the applicant's first examination may take another examination at a time and under the conditions that the board determines.
Sec. HH-15. 32 MRSA §14229, sub-§4, as amended by PL 1997, c. 210, §§36 and 37, is further amended to read:
4. Examination.
Has satisfactorily passed an examination approved by the board in subjects the board considers necessary to determine the fitness of the applicant to practice. The board shall may establish the passing score for all examinations.B. Within 90 days of notification of passing an examination, the applicant must pay a the fee established by the board as set under section 14238 to receive a first license. The first license is valid until the next renewal period. The board has the authority to waive the 90-day time period for extenuating circumstances. If not successful, the applicant may take subsequent examinations held within a period of one year from the date of the applicant's first examination. Any applicant who fails to pass an examination within one year from the applicant's first examination may take another examination at a time and under the conditions that the board determines.
Sec. HH-16. 32 MRSA §14229-A is enacted to read:
Within 90 days of notification of passing an examination, the applicant must pay a fee as set under section 14238 to receive a first license. The first license is valid until the next renewal period. The board has the authority to waive the 90-day time period for extenuating circumstances. If not successful, the applicant may take subsequent examinations held within a period of one year from the date of the applicant's first examination. An applicant who fails to pass an examination within one year from the applicant's first examination may take another examination at a time and under the conditions that the board determines.
Sec. HH-17. 32 MRSA §14230, as amended by PL 1997, c. 210, §38, is further amended to read:
If an applicant to practice cosmetology, barbering, manicuring or aesthetics qualifies for examination, the board may issue to that applicant a permit to practice under the direct supervision of a qualified supervisor, as determined by board rules, within a licensed shop. The applicant must pay a permit the fee in an amount established by the board as set under section 14238. A permit expires 6 months from the date of issuance and is not renewable. The applicant is not considered a trainee.
Sec. HH-18. 32 MRSA §14231, as amended by PL 1993, c. 287, §1, is further amended to read:
The board shall may waive the examination and grant a license to any applicant who presents proof of being authorized to practice by another state or other jurisdiction of the United States or another country that maintains professional standards considered by the board to be equivalent to or higher than those set forth in this chapter, as long as no cause exists for denial of a license under section 14236 14236-A. Such an applicant must pay the fee as provided in section 14238.
Sec. HH-19. 32 MRSA §14232, as amended by PL 1993, c. 630, Pt. B, §23, is further amended to read:
1. License.
Each trainee must submit an application for registration licensure to the board on a form prescribed and supplied by the board. The application must be accompanied by a registration fee as set by the board under section 14238. The registration license for each type of training expires as indicated below.A. A cosmetology trainee registration license expires 18 months from date of issuance.
B. A barber trainee registration license expires 18 months from date of issuance.
C. A manicurist trainee registration license expires 6 months from date of issuance.
D. An aesthetician trainee registration license expires 12 months from date of issuance.
The board shall furnish to each registered trainee a trainee registration. A trainee registration is renewable upon payment of the registration fee. The registration must be displayed as provided for licenses in section 14235. The term "trainee" must appear in conspicuous print upon the registration. To obtain a license, a trainee, upon completion of the required training in accordance with this chapter, must file application for examination at the next examination held by the board.
2. Filing with the board.
Before beginning training, a trainee must file with the board:A. The employer's name, shop name and address;
B. The date that the training will begin;
C. The type of training, such as cosmetology, barbering, manicuring or aesthetics;
D. Evidence of age; and
E. Evidence of satisfactory completion of the 10th grade or its equivalent . ; and
F. The name of the licensee who will directly supervise the trainee in compliance with section 14224, subsection 3.
Trainees who change their place of employment must notify the board, within 5 10 days of the change , of the name and place of business of the new employer and the date of the change and must file a new trainee application.
3. Courses of instruction.
A trainee may take courses of instruction in a licensed school without having to register as a student as provided in this chapter. Hours or time accumulated in a school may not be combined with the required be applied to the training hours and time program in accordance with rules adopted by the board.
4. Renewal; display; examination.
The board shall furnish a trainee license to each trainee. A trainee license is renewable upon payment of the fee as set under section 14238. The license must be displayed as provided for licenses in section 14224. The term "trainee" must appear in conspicuous print on the license. To be licensed as a cosmetologist, barber, aesthetician or manicurist, a trainee, upon completion of the required training in accordance with this chapter, must pass an examination approved by the board.
Sec. HH-20. 32 MRSA §14233, as amended by PL 1999, c. 386, Pt. U, §4, is further amended to read:
Schools licensed by the board shall register license students in accordance with rules established adopted by the board and upon payment of the fee as set under section 14238.
To be eligible for registration licensure, the student must be at least 16 years of age and have satisfactorily completed the 10th grade or its equivalent. Evidence of the student's eligibility and enrollment in the school must be provided on a form provided by the board.
All training or services rendered to a member of the public by a student must be under the direct supervision of a duly licensed instructor in a licensed school or as otherwise proved by rule.
Sec. HH-21. 32 MRSA §14234, as repealed and replaced by PL 1995, c. 80, §2, is amended to read:
A person may not perform demonstrations unless licensed by the board and upon payment of the fee as set under section 14238. The board shall adopt rules that describe the articles, machines or techniques that may be demonstrated outside the licensed establishment. All demonstrations must be performed in a safe and sanitary manner for the protection of the public. Licenses must be renewed on or before July 1st biennially or at such other times as the commissioner may designate. A license is not required for persons who perform demonstrations in a licensed establishment or solely to licensed persons.
Sec. HH-22. 32 MRSA §14235, as enacted by PL 1991, c. 397, §6, is amended to read:
The board shall furnish to each licensed cosmetologist, barber, manicurist or aesthetician a license certifying that the holder of that license is entitled to practice in this State. The holder of a license shall post it in a conspicuous place where it may be readily seen and read by all persons served. The reproduction, altering or defacing of any license is prohibited.
Licensees must renew their licenses on or before July 1st biennially by filing an application prescribed by the board and payment of the required paying the renewal fee as set forth in under section 14238. The expiration dates for licenses issued under this chapter may be established by the commissioner.
A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee as set forth in under section 14238 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, including a late fee, renewal fee and additional late fee as set under section 14238, except that the board, after giving due consideration to the protection of the public, may waive requirements. The board may assess a penalty fee for a renewal more than 90 days after a license expiration date.
Notwithstanding any other provision of this chapter, the board must waive examination if a renewal application is made by a person within 90 days after separation from the United States Armed Forces, under conditions other than dishonorable, if that person failed to renew a license because of active duty in the armed forces. The waiver of examination may not be granted if the person served more than 4 years in the armed forces, unless the board is presented with satisfactory evidence that the applicant was required by law to serve that period.
Sec. HH-23. 32 MRSA §14236, as enacted by PL 1991, c. 397, §6, is repealed.
Sec. HH-24. 32 MRSA §14236-A is enacted to read:
1. Disciplinary action.
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for: A. Addiction, as confirmed by professional diagnosis, to the use of alcohol or other drugs that has resulted or may result in the licensee's being unable to perform duties or being unable to perform those duties in a manner that would not endanger the health or safety of the public to be served;
B. A professional diagnosis of mental incompetence;
C. Engaging in false, misleading or deceptive advertising;
D. Employing a person to practice cosmetology, barbering, manicuring or aesthetics who does not hold a valid license, unless that person is a trainee within the meaning of this chapter; or
E. Any negligence or misconduct in any of the practices licensed under this chapter.
2. Reinstatement.
The board may reissue a license to any person whose license has been revoked if 5 or more members of the board vote in favor of that reissuance.
Sec. HH-25. 32 MRSA §14237, as enacted by PL 1991, c. 397, §6, is repealed.
Sec. HH-26. 32 MRSA §14238, as amended by PL 1999, c. 386, Pt. U, §5, is repealed and the following enacted in its place:
The Director of the Office of Licensing and Registration within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for licensure of a school may not exceed $500 and the fee for any other purpose may not exceed $100. Rules adopted pursuant to the section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. HH-27. 32 MRSA §14245, as amended by PL 1997, c. 771, §10, is further amended to read:
1. Requirement of license.
Any person, partnership, association or corporation located either within or outside the State must obtain a license as specified under section 14246 from the board before operating or maintaining any school of barbering or school of cosmetology within the State or before collecting any tuition, fee or other charge for operating or maintaining such a school within the State. : A. Operating, maintaining or instructing at a school within the State; or
B. Collecting any tuition, fee or other charge for education, instruction or other services provided or to be provided by a school.
2. Unlicensed practice.
Any person, partnership, association or corporation that operates or maintains a school of barbering or school of cosmetology in violation of this subchapter, or represents itself as operating and maintaining such a school, is subject to a civil penalty of not more than $5,000, payable to the State, to be recovered in a civil act violates subsection 1 is subject to the provisions of Title 10, section 8003-C, except that, notwithstanding Title 10, section 8003-C, such a person, partnership, association or corporation is subject to a fine of not less than $100 but not more than $5,000 for each violation.
Sec. HH-28. 32 MRSA §14246, sub-§1, as amended by PL 1997, c. 771, §11, is further amended to read:
1. Application requirements; licensing; bonding and revocation of license.
The application for a license required by this subchapter must be made on forms furnished by the board and be accompanied by an application fee not to exceed $100 as set under section 14238 and a surety bond. For applicants that participate in state or federal financial aid programs, except the Federal Direct Student Loan Program under the federal Higher Education Act of 1965, 20 United States Code, Section 1087a et seq., the bond must be in favor of the Finance Authority of Maine. For all other applicants, the bond must be in favor of the board. The amount of the bond for a new applicant is $20,000. For renewal applicants, the amount of the bond must be equal to the greater of 10% of the applicant's gross receipts from tuition in the 12 months prior to the application for renewal or $20,000.A. A license is valid for the calendar year in which it is issued a period of 12 months from the date of issuance or as otherwise determined by the commissioner.
B. The bond must be continuous and must provide indemnification to any student suffering loss as a result of any fraud, misrepresentation, violation of this subchapter or rules adopted under this subchapter or breach of contract. The bond must provide for written notification by the surety to the board in the event of cancellation. Cancellation of the bond by the surety, or payment under the bond by the surety to the board or the Finance Authority of Maine, results in the revocation of the license. The bond must also specifically provide that proceeds are available to pay tuition refunds to students or to student loan lenders on behalf of students eligible for those refunds pursuant to the policies of the school or state or federal law, rule or regulation.
C. If one or more students notify the board or the Finance Authority of Maine of a claim the student has against the school for fraud, misrepresentation, breach of contract or refund due, or that the school has violated the provisions of this subchapter or applicable rules, or if any such event is discovered by the board or the Finance Authority of Maine from other sources and the holder of the bond has reason to believe the claim is valid, the holder may make a claim against the bond on behalf of the student or students affected, or on behalf of the board. The board and the Finance Authority of Maine have the concurrent right at any time to review the school's operations and all its records to determine if the school is in compliance with this subchapter and rules adopted under this subchapter, or to determine if any claim of a student against the school is valid.
Sec. HH-29. 32 MRSA §14246, sub-§2, as amended by PL 1997, c. 771, §11, is further amended to read:
2. License fee; renewal fee; renewal requirements.
A fee not to exceed $500 as set under section 14238 is charged for the initial license and for the annual renewal of a license. Each submission for a license renewal must include the school's most recent financial audit conducted by a certified public accountant unaffiliated with the school. When a school does not participate in federal or state financial aid programs, internally prepared financial statements signed by the applicant are acceptable. Every renewal application must include a bond in the required amount. The board shall provide copies of the audit or financial statements and, in cases in which the bond is not in favor of the board, the original bond to the Finance Authority of Maine and may provide financial information regarding the school to other state agencies with an interest in the operation of the school. When a school applies for renewal of a license the school must certify that:A. The school has included information in all school brochures and handbooks provided to students, and has posted information in a location in the school frequented by students advising students of their rights to receive refunds and where to direct any complaints the students have concerning their education; and
B. The school is in compliance with all applicable federal and state laws and regulations.
Sec. HH-30. 32 MRSA §14247, as amended by PL 1997, c. 771, §12, is further amended to read:
The board shall adopt rules for the licensing of persons, partnerships, associations or corporations to maintain and operate schools of barbering and schools of cosmetology. The rules must include standards relating to educational programs, instructor qualifications, records and record keeping, health and sanitation, safety and physical facilities, payment of refunds , and notices and information to be provided to students. Rules adopted pursuant to this chapter are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A 2-A.
Sec. HH-31. 32 MRSA §14249, as amended by PL 1997, c. 771, §13 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
The board may investigate complaints involving a school including any allegation of noncompliance with or violation of this subchapter and applicable rules. The board shall promptly notify the Finance Authority of Maine of any complaints involving student financial assistance. After a hearing in conformance with Title 5, chapter 375, subchapter IV 4, the board may amend or modify any license and may suspend or refuse to renew a license as provided in Title 5, section 10004.
A board member may not participate in any on-site evaluation, complaint, hearing or license-related action that involves a school of barbering or a school of cosmetology with which the board member has or has had a direct relationship as a student, instructor, administrator or director or in which the board member has a direct pecuniary interest in the school.
The District Court may suspend or revoke the license of any person, partnership, association or corporation found to have violated any provision of this subchapter or any lawful order or rule issued by the board.
Sec. HH-32. 32 MRSA §14250, as enacted by PL 1997, c. 266, §18, is repealed and the following enacted in its place:
The board may deny a school license, refuse to renew a school license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsecton 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.