§ 86A-1. Necessity for certificate of registration and shop or school permit.

No person or combination of persons shall, either directly or indirectly, practice or attempt to practice barbering in the State of North Carolina without first obtaining a certificate of registration either as a registered apprentice or as a registered barber issued pursuant to provisions of this Chapter by the State Board of Barber Examiners. No person or combination of persons, or corporation, shall operate, manage or attempt to operate or manage a barber school, barbershop, or any other place where barber services are rendered, after July 1, 1945, without first obtaining a shop permit, or school permit, issued by the State Board of Barber Examiners, pursuant to the provisions of this Chapter.

History. 1929, c. 119, s. 1; 1941, c. 375, s. 1; 1945, c. 830, s. 1; 1979, c. 695, s. 1.

Editor’s Note.

This Chapter is former Chapter 86, as rewritten by Session Laws 1979, c. 695, and recodified. Where appropriate, historical citations to sections in the former Chapter have been added to corresponding sections in the Chapter as rewritten.

Legal Periodicals.

For comment on the 1941 amendment, see 19 N.C.L. Rev. 447 (1941).

For article, “The Learned Profession Exemption of the North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?,” see 15 Campbell L. Rev. 223 (1993).

CASE NOTES

Editor’s Note. —

The cases cited under the various sections below were decided under this Chapter as it existed prior to its revision and recodification by Session Laws 1979, c. 695.

Constitutionality. —

This Chapter, known as the “Barber’s Act,” relates to the public health and is constitutional as a valid exercise of the police power of the State. State v. Lockey, 198 N.C. 551 , 152 S.E. 693, 1930 N.C. LEXIS 408 (1930).

Validity of Chapter Is No Longer Open to Attack. —

The validity of this Chapter, providing for the licensing of barbers and the control and regulation of the trade, having been judicially determined, it may not be attacked in a subsequent suit. Motley v. State Bd. of Barber Exmrs., 228 N.C. 337 , 45 S.E.2d 550, 1947 N.C. LEXIS 341 (1947).

Application. —

The provisions of this Chapter apply to proprietor barbers. State v. Lockey, 198 N.C. 551 , 152 S.E. 693, 1930 N.C. LEXIS 408 (1930).

§ 86A-2. What constitutes practice of barbering.

Any one or combination of the following practices constitutes the practice of barbering in the purview of this Chapter:

  1. Shaving or trimming the beard, or cutting the hair;
  2. Dyeing the hair or applying hair tonics, permanent waving or marcelling the hair;
  3. Giving facial or scalp massages, or treatments with oils, creams, lotions or other preparations either by hand or mechanical appliances.

History. 1929, c. 119, s. 2; 1941, c. 375, s. 2; 1979, c. 695, s. 1.

§ 86A-3. Qualifications for certificate as a registered barber.

A certificate of registration as a registered barber shall be issued by the Board to any person who meets all of the following qualifications:

  1. Has attended an approved barber school for at least 1528 hours.
  2. Has completed a 12-month apprenticeship under the supervision of a licensed barber, as provided in G.S. 86A-24 .
  3. Has passed a clinical examination conducted by the Board.
  4. Has submitted to the Board the affidavit required by G.S. 86A-24(c) certifying that the applicant has served the apprenticeship required by subdivision (2).

History. 1929, c. 119, ss. 3, 4, 11; 1941, c. 375, s. 3; 1961, c. 577, s. 1; 1979, c. 695, s. 1; 1981, c. 457, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 1.

§ 86A-4. State Board of Barber Examiners; appointment and qualifications; term of office; removal.

  1. The State Board of Barber Examiners is established to consist of five members appointed by the Governor. Four shall be licensed barbers; the other shall be a person who is not licensed under this Chapter and who shall represent the interest of the public at large.
  2. No member appointed to the Board on or after July 1, 1981, shall serve more than three complete consecutive three-year terms, except that each member shall serve until the member’s successor is appointed and qualifies.No person who has been employed by the North Carolina State Board of Barber Examiners and has been removed for just cause shall be appointed within five years of the removal to serve as a Board member.
  3. The Governor may remove any member for good cause shown and may appoint members to fill unexpired terms.
  4. Expired by Session Laws 2004-146, s. 1(a), effective July 1, 2007.

History. 1929, c. 119, s. 6; 1979, c. 695, s. 1; 1981, c. 457, s. 2; 1995 (Reg. Sess., 1996), c. 605, s. 2; 2001-486, s. 2.2; 2004-146, s. 1(a).

Effect of Amendments.

Session Laws 2004-146, s. 1.(a), effective July 29, 2004, and expiring July 1, 2007, added subsection (d).

Legal Periodicals.

For article on administrative evidence rules, see 49 N.C.L. Rev. 635 (1971).

§ 86A-5. Powers and duties of the Board.

  1. The Board has the following powers and duties:
    1. To see that inspections of barbershops and schools are conducted to determine compliance with sanitary regulations. The Board may appoint inspectors as necessary.
    2. To adopt sanitary regulations concerning barber schools and shops and procedural rules in accordance with the guidelines established in G.S. 86A-15 .
    3. To review the barber licensing laws of other states and to determine which are the substantive equivalent of the laws of North Carolina for purposes of G.S. 86A-12 .
    4. To conduct examinations of applicants for certificate of registration as registered barber, registered apprentice and barber school instructor.
    5. To employ and fix the compensation of personnel that the Board deems necessary to carry out the provisions of this Chapter.
    6. To assess civil penalties pursuant to G.S. 86A-27 .
  2. The Board shall adopt regulations:
    1. Prohibiting the use of commercial chemicals of unknown content by persons registered under this Chapter. For purposes of this section, “commercial chemicals” are those products sold only through beauty and barber supply houses and not available to the general public;
    2. Instructing persons registered under this Chapter in the proper use and application of commercial chemicals where no manufacturer’s instructions are included. In the alternative, the Board shall prohibit the use of such commercial chemicals by persons registered under this Chapter.
  3. Each Board member shall submit periodic reports to the Board concerning his activities in carrying out duties as a Board member.

History. 1929, c. 119, ss. 10, 12, 16; 1931, c. 32; 1933, c. 95, s. 2; 1941, c. 375, ss. 5, 7; 1945, c. 830, s. 8; 1947, c. 1024; 1961, c. 577, ss. 2, 3, 5; 1973, c. 1331, s. 3; 1979, c. 695, s. 1; 1981, c. 457, ss. 3, 4; 2004-146, s. 2.

Effect of Amendments.

Session Laws 2004-146, s. 2, effective July 29, 2004, made minor punctuation changes throughout subsection (a); and added subdivisions (a)(5) and (a)(6).

§ 86A-6. Office; seal; officers and executive director; funds.

The Board shall maintain a suitable office in Raleigh, and shall adopt and use a common seal for the authentication of its orders and records. The Board shall annually elect its own officers, and in addition, may elect or appoint a full-time executive director who shall not be a member of the Board, and whose salary shall be fixed by the Board. The executive director shall turn over to the State Treasurer to be credited to the State Board of Barber Examiners all funds collected or received under this Chapter, the funds to be held and expended under the supervision of the Director of the Budget, exclusively for the enforcement and administration of the provisions of this Chapter. Nothing herein shall be construed to authorize any expenditure in excess of the amount available from time to time in the hands of the State Treasurer derived from fees collected under the provisions of this Chapter and received by the State Treasurer pursuant to the provisions of this section.

History. 1929, c. 119, ss. 7, 14; 1937, c. 138, s. 4; 1941, c. 375, s. 4; 1943, c. 53, s. 1; 1945, c. 830, ss. 2, 4; 1951, c. 821, s. 1; 1957, c. 813, ss. 1, 3; 1965, c. 513; 1971, c. 826, ss. 1, 2; 1973, c. 1398; 1979, c. 695, s. 1; 1981, c. 884, s. 5; 1983, c. 717, s. 15; 1995 (Reg. Sess., 1996), c. 605, s. 3; 2004-146, s. 3.

Effect of Amendments.

Session Laws 2004-146, s. 3, effective July 29, 2004, substituted “executive director” for “executive secretary” in the section heading and throughout the section.

§ 86A-7. Salary and expenses; employees; audits; annual reports to the Governor.

  1. Each member of the Board of Barber Examiners shall be reimbursed for his actual expenses and shall receive compensation and travel allowance according to G.S. 93B-5 for the distance traveled in performance of his duties. The expenses, compensation and all other salaries and expenses in connection with the administration of this Chapter, shall be paid upon warrant drawn on the State Treasurer, solely from the funds derived from fees collected and received under this Chapter.
  2. The Board shall employ such agents, assistants and attorneys as it deems necessary.
  3. Repealed by Session Laws 1981, c. 884, s. 6.
  4. Repealed by Session Laws 1983, c. 913, s. 8.
  5. The Board shall report annually to the Governor, a full statement of its receipts and expenditures, and also a full statement of its work during the year, together with such recommendations as it may deem expedient.

History. 1929, c. 119, s. 8; 1943, c. 53, s. 2; 1945, c. 830, s. 3; 1957, c. 813, s. 2; 1979, c. 695, s. 1; 1981, c. 884, s. 6; 1983, c. 913, s. 8.

Legal Periodicals.

For article, “In Defense of Occupational Licensing: A Legal Practitioner’s Perspective,” see 43 Campbell L. Rev. 423 (2021).

§ 86A-8. Application for examinations; payment of fee.

Each applicant for an examination shall:

  1. Make application to the Board on forms prepared and furnished by the Board, and the application shall contain proof under applicant’s oath of the particular qualifications of the applicant. All applications for examination must be filed with the Board at least 30 days prior to the actual taking of such examination by applicants;
  2. Pay to the Board the required fee.

History. 1929, c. 119, s. 9; 1979, c. 695, s. 1.

§ 86A-9. Board to conduct examinations not less than four times each year.

The Board shall conduct examinations of applicants for certificates of registration to practice as registered barbers and registered apprentices, not less than four times each year, at such times and places as will prove most convenient and as the Board may determine. The Board may adopt rules establishing procedures for the administration of examinations.

History. 1929, c. 119, s. 10; 1979, c. 695, s. 1; 2004-146, s. 4.

Effect of Amendments.

Session Laws 2004-146, s. 4, effective July 29, 2004, added the last sentence.

§ 86A-10. Issuance of certificates of registration.

Whenever the provisions of this Chapter have been complied with, the Board shall issue, or have issued, a certificate of registration as a registered barber or as a registered apprentice, as the case may be.

History. 1929, c. 119, s. 11; 1979, c. 695, s. 1; 1981, c. 457, s. 5.

§ 86A-11. Temporary permits.

  1. The Board may grant a temporary permit to work to a graduate of a barber school in North Carolina provided application for examination has been filed and fee paid. The permit is valid only until the date of the next succeeding Board examination of applicants for apprenticeship registration except in cases of undue hardship as the Board may determine, unless it is revoked or suspended earlier by the Board. In no event shall a temporary permit be issued or remain valid after the holder has twice failed the apprentice examination required by G.S. 86A-24(a) . The permittee may operate only under the supervision of a licensed barber and may work only at the registered barbershop specified in the permit.
  2. The Board may grant a temporary permit to work to one whose license has been expired for more than five years in North Carolina provided application for examination to restore has been filed and fee paid. The permit is valid only until the date of the next succeeding Board examination of applicants for barber licenses except in cases of undue hardship as the Board may determine, unless it is revoked or suspended earlier by the Board.
  3. The Board may grant a temporary permit to persons licensed in another state who come to North Carolina for the purpose of teaching or demonstrating barber skills. The Board shall also inspect and approve the area where the demonstration is to be given if it is not an already approved shop or school. This permit shall be limited to the specific days of demonstration and shall be of no validity before or after.
  4. The Board may grant a temporary permit to work to persons licensed in another state and seeking permanent licensure in North Carolina under G.S. 86A-12 .

History. 1929, c. 119, s. 12; 1941, c. 375, s. 5; 1947, c. 1024; 1961, c. 577, s. 2; 1979, c. 695, s. 1; 1981, c. 457, ss. 6, 7; 1995 (Reg. Sess., 1996), c. 605, s. 4.

§ 86A-12. Applicants licensed in other states.

  1. The Board shall issue, without examination, a license to applicants already licensed in another state provided the applicant presents evidence satisfactory to the Board that:
    1. He is currently an active, competent practitioner in good standing; and
    2. He has practiced at least three out of the five years immediately preceding his application; and
    3. He currently holds a valid license in another state; and
    4. There is no disciplinary proceeding or unresolved complaint pending against him at the time a license is to be issued by this State; and
    5. The licensure requirements in the other state are the substantive equivalent of those required by this State.
  2. The requirements in subdivisions (1) or (5), or both, of subsection (a) of this section may be waived by the Board provided that the applicant presents evidence satisfactory to the Board that the applicant:
    1. Has met the licensure requirements of the state in which he received his license;
    2. Has at least five years practical experience; and
    3. Demonstrates his knowledge of barbering skills and of the sanitary regulations in North Carolina by passing a practical, written or oral examination.
  3. Any license granted pursuant to this section is subject to the same duties and obligations and entitled to the same rights and privileges as a license issued under G.S. 86A-3 .

History. 1929, c. 119, s. 12; 1941, c. 375, s. 5; 1947, c. 1024; 1961, c. 577, s. 2; 1979, c. 695, s. 1; 1981, c. 457, s. 8; 1987, c. 210.

§ 86A-13. Barbershop and barber school permits.

  1. Any person, firm or corporation, before establishing or opening a barbershop or barber school not heretofore licensed by the State or the Board shall make application to the Board on forms to be furnished by the Board, for a permit to operate a barbershop or barber school, and the shop or school of the applicant shall be inspected and approved by the State Board of Barber Examiners or an agent designated for that purpose by the Board, before the barbershop or barber school may open for business. It is unlawful to open a new or reopened barbershop or barber school until that shop or school has been inspected and determined by the Board to be in compliance with the requirements of G.S. 86A-15 in the case of shops and G.S. 86A-15 and 86A-22 in the case of schools. Upon compliance by the applicant with all requirements set forth in G.S. 86A-15, and the payment of the prescribed fee the Board shall issue to the applicant the permit applied for. Notwithstanding any other provision of this Chapter, no person, firm, or corporation shall be issued a permit to operate a barbershop in a location registered as a barber school, nor shall any person, firm, or corporation be issued a permit to operate a barber school in a location registered as a barbershop.
  2. The owners of every registered barbershop and barber school shall annually, on or before May 31 of each year, renew the barbershop’s or barber school’s certificate of registration and pay the required renewal fee. Every certificate of registration for any barbershop or barber school shall expire on the 31st day of May in each year. Any certificate of registration issued under this Chapter shall be suspended automatically by operation of law after failure to renew the certificate of registration by the expiration date. The owner of any barbershop or barber school whose certificate of registration has expired may, after the barbershop or barber school has been inspected as required in subsection (a) of this section, have the certificate restored immediately upon paying all lapsed renewal fees and the required late fee.

History. 1929, c. 119, ss. 1, 16; 1931, c. 32; 1933, c. 95, s. 2; 1941, c. 375, ss. 1, 7; 1945, c. 830, ss. 1, 8; 1961, c. 577, ss. 3, 5; 1973, c. 1331, s. 3; 1979, c. 695, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 5.

§ 86A-14. Persons exempt from the provisions of this Chapter.

The following persons are exempt from the provisions of this Chapter while engaged in the proper discharge of their duties:

  1. Persons authorized under the laws of the State to practice medicine and surgery, and those working under their supervision;
  2. Commissioned medical or surgical officers of the United States Army or other components of the Armed Forces of the United States, and those working under their supervision;
  3. Registered nurses and licensed practical nurses and those working under their supervision;
  4. Licensed embalmers and funeral directors and those working under their supervision;
  5. Persons who are working in licensed cosmetic shops or beauty schools and are licensed by the State Board of Cosmetic Art Examiners pursuant to Chapter 88B of the General Statutes; and
  6. Persons who are working in licensed barber shops and are licensed by the State Board of Cosmetic Art Examiners pursuant to Chapter 88B of the General Statutes, provided that those persons shall comply with G.S. 86A-15 .

History. 1929, c. 119, s. 15; 1937, c. 138, s. 2; 1941, c. 375, s. 6; 1979, c. 695, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 6; 1998-230, s. 2.2; 2011-183, s. 51.

Effect of Amendments.

Session Laws 2011-183, s. 51, effective June 20, 2011, in subdivision (2), substituted “United States Army” for “U.S. Army” and “Armed Forces of the United States” for “U.S. armed forces.”

§ 86A-15. Sanitary rules and regulations; inspections.

  1. Each barber and each owner or manager of a barbershop, barber school or college, or any other place where barber service is rendered, shall comply with the following sanitary rules and regulations:
    1. Proper quarters. —
      1. Every barbershop, or other place where barber service is rendered, shall be located in buildings or rooms of such construction that they may be easily cleaned, well lighted, well ventilated and kept in an orderly and sanitary condition.
      2. Each area where barber service is rendered or where a combination of barber service and cosmetology service is rendered shall be separated by a substantial partition or wall from areas used for purposes other than barber services, cosmetology services, or shoe shining services.
      3. Walls, floor and fixtures where barber service is rendered are to be kept sanitary.
      4. Running water, hot and cold, shall be provided, and sinks shall be located at a convenient place in each barbershop so that barbers may wash their hands after each haircut. Tanks and lavatories shall be of such construction that they may be easily cleaned. The lavatory must have a drain pipe to drain all waste water out of the building.
      5. Every barbershop or other place where barber service is rendered, and every building or structure used as a part of a barber school, shall comply with applicable building and fire codes and regulations.
    2. Equipment and instruments. —
      1. Each person serving as a barber shall, immediately before using razors, tweezers, combs, contact cup or pad, sterilize the instruments by immersing them in a solution of fifty percent (50%) alcohol, five percent (5%) carbolic acid, twenty percent (20%) formaldehyde, or ten percent (10%) lysol or other product or solution that the Board may approve. Every owner or manager of a barbershop shall supply a separate container for the use of each barber, adequate to provide for a sufficient supply of the above solutions.
      2. Each barber shall maintain combs and hair brushes in a clean and sanitary condition at all times and shall thoroughly clean mug and lather brush before each separate use.
      3. The headrest of every barber chair shall be protected with clean paper or a clean laundered towel. Each barber chair shall be covered with a smooth nonporous surface, such as vinyl or leather, that is cleaned easily.
      4. Every person serving as a barber shall use a clean towel for each patron. All clean towels shall be placed in closed cabinets until used. Receptacles composed of material that can be washed and cleansed shall be provided to receive used towels, and all used towels must be placed in receptacles until laundered. Towels shall not be placed in a sterilizer or tank or rinsed in the barbershop. All wet and used towels shall be removed from the workstand or lavatory after serving each patron.
      5. Whenever a hair cloth is used in cutting the hair, shampooing, etc., a newly laundered towel or paper neckstrap shall be placed around the patron’s neck so as to prevent the hair cloth from touching the skin. Hair cloths shall be replaced when soiled.
    3. Barbers. —
      1. Every person serving as a barber shall thoroughly cleanse his or her hands immediately before serving each patron.
      2. Each person working as a barber shall be clean both as to person and dress.
      3. No barber shall serve any person who has an infectious or communicable disease, and no barber shall undertake to treat any patron’s infectious or contagious disease.
    4. Any person, other than a registered barber, shall before undertaking to give shampoos in a barbershop furnish the Board with a health certificate on a form provided by the Board.
    5. The owner or manager of a barbershop or any other place where barber service is rendered shall post a copy of these rules and regulations in a conspicuous place in the shop or other place where the services are rendered.
  2. All barbershops, barber schools and colleges, and any other place where barber service is rendered, shall be open for inspection at all times during business hours to any members of the Board of Barber Examiners or its agents or assistants. Initial inspections conducted by the Board pursuant to this Chapter shall not be delayed if the sole reason for delay is the lack of a certificate of occupancy by a unit of local government. A copy of the sanitary rules and regulations set out in this section shall be furnished by the Board to the owner or manager of each barbershop or barber school, or any other place where barber service is rendered in the State, and that copy shall be posted in a conspicuous place in each barbershop or barber school. The Board shall have the right to make additional rules and regulations governing barbers and barbershops and barber schools for the proper administration and enforcement of this section, but no such additional rules or regulations shall be in effect until those rules and regulations have been furnished to each barbershop within the State.
  3. Notwithstanding any other provision of law, a registered barber may practice barbering in a client’s home out of medical necessity without meeting the requirements of subsection (b) of this section. The Board of Barber Examiners shall adopt rules to allow this exception.

History. 1929, c. 119, s. 16; 1931, c. 32; 1933, c. 95, s. 2; 1941, c. 375, s. 7; 1961, c. 577, s. 3; 1979, c. 695, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 7; 2009-471, s. 1; 2014-115, s. 39.7.

Effect of Amendments.

Session Laws 2009-471, s. 1, effective August 26, 2009, added subsection (c).

Session Laws 2014-115, s. 39.7, effective August 11, 2014, inserted the second sentence of subsection (b).

§ 86A-16. Certificates to be displayed.

Every holder of a certificate of registration as a registered barber, registered apprentice, shop permit, school permit, instructor’s certificate, or temporary permit issued pursuant to G.S. 86A-11 shall display it in a conspicuous place adjacent to or near the person’s work chair.

History. 1929, c. 119, s. 17; 1979, c. 695, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 8.

§ 86A-17. Renewal or restoration of certificate.

  1. Registered barbers who continue in practice shall annually, on or before May 31 of each year, renew their certificates of registration and furnish such health certificate as the Board may require and pay the required renewal fee. Every certificate of registration shall expire on the 31st day of May in each year. Any certificate of registration issued under this Chapter is automatically suspended by operation of law after failure to renew the certificate of registration by the expiration date.
  2. A registered barber whose certificate of registration has expired may have the certificate restored immediately upon paying all lapsed renewal fees and the required late fee and furnishing a health certificate if required by the Board. Where a registered barber’s certificate of registration has expired for a period greater than six months, the Board may impose civil penalties pursuant to G.S. 86A-27 . A registered barber whose certificate has expired for a period of five years shall be required to take the clinical examination prescribed by the State Board of Barber Examiners and otherwise comply with the provisions of this Chapter before engaging in the practice of barbering. No registered barber who is reissued a certificate under this subsection shall be required to serve an apprenticeship as a prerequisite to reissuance of the certificate.
  3. All persons serving in the Armed Forces of the United States and persons whose certificates of registration as a registered barber were in force one year prior to entering service may, without taking the required examination, renew their certificates within 90 days after receiving an honorable discharge, by paying the current annual license fee and furnishing the State Board of Barber Examiners with a satisfactory health certificate if required by the Board.

History. 1929, c. 119, s. 18; 1937, c. 138, s. 5; 1945, c. 830, s. 5; 1973, c. 605; 1979, c. 695, s. 1; 1981, c. 457, s. 11; 1995 (Reg. Sess., 1996), c. 605, s. 9; 2004-146, s. 5; 2011-183, s. 52.

Effect of Amendments.

Session Laws 2004-146, s. 5, effective July 29, 2004, divided the former first sentence into the first and third sentences by deleting “provided, however”; and inserted the second sentence.

Session Laws 2011-183, s. 52, effective June 20, 2011, substituted “Armed Forces of the United States” for “United States armed forces” in subsection (c).

§ 86A-18. Disqualifications for certificate.

The Board may either refuse to issue or to renew, or may suspend or revoke any certificate of registration or barbershop permit or barber school permit for any one or combination of the following causes:

  1. Conviction of the applicant or certificate holder of a felony proved by certified copy of the record of the court conviction;
  2. Gross malpractice or gross incompetence;
  3. Continued practice by a person knowingly having an infectious or contagious disease after being warned in writing by the Board to cease practice;
  4. Habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit forming drugs;
  5. The commission of any of the offenses described in subdivisions (3), (5), and (6) of G.S. 86A-20 ;
  6. The violation of any one or more of the sanitary rules and regulations established by statute or rule or regulation of the Board, provided that the Board has previously given two written warnings to the individual committing the violation;
  7. The violation of the rules and regulations pertaining to barber schools, provided that the Board has previously given two written warnings to the school.

History. 1929, c. 119, s. 19; 1941, c. 375, s. 8; 1945, c. 830, s. 6; 1961, c. 477, s. 4; 1979, c. 695, s. 1; 1981, c. 457, s. 9.

§ 86A-19. Refusal, revocation or suspension of certificates or permits.

The Board may neither refuse to issue nor refuse to renew, or suspend or revoke any certificate of registration, barbershop permit, or barber school permit, for any of these causes except in accordance with the provisions of Chapter 150B of the General Statutes.

History. 1929, c. 119, s. 20; 1939, c. 218, s. 1; 1945, c. 830, s. 7; 1953, c. 1041, s. 2; 1973, c. 1331, s. 3; 1979, c. 695, s. 1; 1987, c. 827, s. 1.

§ 86A-20. Misdemeanors.

Each of the following acts constitutes a Class 3 misdemeanor:

  1. Violation of any of the provisions of G.S. 86A-1 ;
  2. Obtaining or attempting to obtain a certificate of registration for money other than the required fee or any other thing of value, or by fraudulent misrepresentations;
  3. Practicing or attempting to practice by fraudulent misrepresentations;
  4. Willful failure to display a certificate of registration as required by G.S. 86A-16 ;
  5. Practicing or attempting to practice barbering during the period of suspension or revocation of any certificate of registration granted under this Chapter. Each day’s operation during a period of suspension or revocation shall be deemed a separate offense;
  6. Permitting any person in one’s employ, supervision or control to practice as a barber unless that person holds a certificate as a registered barber or registered apprentice.

History. 1929, c. 119, s. 21; 1933, c. 95, s. 1; 1937, c. 138, s. 6; 1941, c. 375, ss. 9, 10; 1951, c. 821, s. 2; 1971, c. 819; 1979, c. 695, s. 1; 1981, c. 457, s. 10; 1993, c. 539, s. 601; 1994, Ex. Sess., c. 24, s. 14(c).

§ 86A-20.1. Enjoining illegal practices.

The Board, the Department of Health and Human Services, or any county or district health director may apply to the superior court for an injunction to restrain any person from violating the provisions of this Chapter or the Board’s rules. Actions under this section shall be brought in the county where the defendant resides or maintains his or her principal place of business or where the alleged acts occurred.

History. 2004-146, s. 6.

CASE NOTES

Failure to Pursue Injunction. —

Trial court exceeded the permissible scope of review under G.S. 150B-51 when it ordered the barbershop owner to remove the barber pole and cease advertising barber services unless licensed by the State of North Carolina Board of Barber Examiners because G.S 86A-20.1 provided an avenue for the Board to seek an injunction and the Board did not pursue that avenue. Kindsgrab v. State Bd. of Barber Examiners, 236 N.C. App. 564, 763 S.E.2d 913, 2014 N.C. App. LEXIS 1077 (2014).

§ 86A-21. Board to keep record of proceedings; data on registrants.

The Board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension, and revocation of certificates of registration. This record shall contain the name, place of business and residence of each registered barber and registered apprentice, and the date and number of his certificate of registration. This record shall be open to public inspection at all reasonable times.

History. 1929, c. 119, s. 22; 1979, c. 695, s. 1.

§ 86A-22. Licensing and regulating barber schools and colleges.

The North Carolina State Board of Barber Examiners may approve barber schools or colleges in the State, and may prescribe rules and regulations for their operation. The Board shall adopt rules establishing criteria for barber schools and colleges to maintain their accreditation. No barber school or college shall be approved by the Board unless the school or college meets all of the following requirements:

  1. Each school shall provide a course of instruction of at least 1528 hours.
  2. Each school shall employ at least two instructors for the first 40 enrolled students and employ at least one additional instructor for every additional 20 enrolled students. Schools that are organized as nonprofits and have obtained a ruling from the Internal Revenue Service recognizing their tax-exempt status shall have at least one instructor for every 20 enrolled students. No school, whether for profit or nonprofit, shall provide practical training and theoretical training simultaneously unless at least two instructors are present.
  3. An application for a student’s permit, on a form prescribed by the Board, must be filed with the Board before the student enters school. No student may enroll without having obtained a student’s permit.
  4. Each student enrolled shall be given a complete course of instruction on the following subjects: hair cutting; shaving; shampooing, and the application of creams and lotions; care and preparation of tools and implements; scientific massaging and manipulating the muscles of the scalp, face, and neck; sanitation and hygiene; shedding and regrowth of hair; elementary chemistry relating to sterilization and antiseptics; instruction on common skin and scalp diseases to the extent that they may be recognized; pharmacology as it relates to preparations commonly used in barbershops; instruction in the use of electrical appliances and the effects of the use of these on the human skin; structure of the skin and hair; nerve points of the face; the application of hair dyes and bleaches; permanent waving; marcelling or hair pressing; frosting and streaking; and the statutes and regulations relating to the practice of barbering in North Carolina. The Board shall specify the minimum number of hours of instruction for each subject required by this subsection.
  5. Each school shall file an up-to-date list of its students with the Board at least once a month. If a student withdraws or transfers, the school shall file a report with the Board stating the courses and hours completed by the withdrawing or transferring student. The school shall also file with the Board a list of students who have completed the amount of work necessary to meet the licensing requirements.
  6. Each school shall comply with the sanitary requirements of G.S. 86A-15 .
    1. Each school shall provide a guaranty bond unless the school has already provided a bond or an alternative to a bond under G.S. 115D-95 .The North Carolina State Board of Barber Examiners may revoke the approval of a school that fails to maintain a bond or an alternative to a bond pursuant to this subdivision or G.S. 115D-95 .
    2. When application is made for approval or renewal of approval, the applicant shall file a guaranty bond with the clerk of the superior court of the county in which the school will be located. The bond shall be in favor of the students. The bond shall be executed by the applicant as principal and by a bonding company authorized to do business in this State. The bond shall be conditioned to provide indemnification to any student, or his parent or guardian, who has suffered a loss of tuition or any fees by reason of the failure of the school to offer or complete student instruction, academic services, or other goods and services related to course enrollment for any reason, including the suspension, revocation, or nonrenewal of a school’s approval, bankruptcy, foreclosure, or the school ceasing to operate.The bond shall be in an amount determined by the Board to be adequate to provide indemnification to any student, or his parent or guardian, under the terms of the bond. The bond amount for a school shall be at least equal to the maximum amount of prepaid tuition held at any time during the last fiscal year by the school. The bond amount shall also be at least ten thousand dollars ($10,000).Each application for approval shall include a letter signed by an authorized representative of the school showing in detail the calculations made and the method of computing the amount of the bond pursuant to this subpart and the rules of the Board. If the Board finds that the calculations made and the method of computing the amount of the bond are inaccurate or that the amount of the bond is otherwise inadequate to provide indemnification under the terms of the bond, the Board may require the applicant to provide an additional bond.The bond shall remain in force and effect until cancelled by the guarantor. The guarantor may cancel the bond upon 30 days notice to the Board. Cancellation of the bond shall not affect any liability incurred or accrued prior to the termination of the notice period.
    3. An applicant that is unable to secure a bond may seek a waiver of the guaranty bond from the Board and approval of one of the guaranty bond alternatives set forth in this subpart. With the approval of the Board, an applicant may file with the clerk of the superior court of the county in which the school will be located, in lieu of a bond:
      1. An assignment of a savings account in an amount equal to the bond required (i) that is in a form acceptable to the Board; (ii) that is executed by the applicant; (iii) that is executed by a federally insured depository institution or a trust institution authorized to do business in this State; and (iv) for which access to the account in favor of the State of North Carolina is subject to the same conditions as for a bond in subpart b. above.
      2. A certificate of deposit (i) that is executed by a federally insured depository institution or a trust institution authorized to do business in this State (ii) that is either payable to the State of North Carolina, unrestrictively endorsed to the Board; in the case of a negotiable certificate of deposit, is unrestrictively endorsed to the Board; or in the case of a nonnegotiable certificate of deposit, is assigned to the Board in a form satisfactory to the Board; and (iii) for which access to the certificate of deposit in favor of the State of North Carolina is subject to the same conditions as for a bond in subpart b. above.

History. 1945, c. 830, s. 8; 1961, c. 577, s. 5; 1973, c. 1331, s. 3; 1979, c. 695, s. 1; 1981, c. 457, s. 12; 1989 (Reg. Sess., 1990), c. 824, s. 3; 1995, c. 397, s. 1; 1995 (Reg. Sess., 1996), c. 605, ss. 10, 11; 2004-146, s. 7; 2017-25, s. 1(f).

Effect of Amendments.

Session Laws 2004-146, s. 7, effective July 29, 2004, inserted the second sentence in the first paragraph, and rewrote subdivision (2).

Session Laws 2017-25, s. 1(f), effective June 2, 2017, substituted “that” for “which” wherever it appears in subdivision (7); substituted “federally insured depository institution or a trust institution authorized to do business in this State” for “state or federal savings and loan association, state bank, or national bank, that is doing business in North Carolina and whose accounts are insured by a federal depositors corporation” in subdivisions (7)(c)(1) and (7)(c)(2); and made related changes.

§ 86A-23. Instructors.

  1. The Board shall issue an instructor’s certificate to any currently registered barber who has passed an instructor’s examination given by the Board. This examination shall cover the subjects listed in G.S. 86A-22(4) and in the Textbook of Barber Styling approved by the Board.
  2. A person desiring to take an instructor’s examination must make application to the Board for examination on forms to be furnished by the Board and pay the instructor’s examination fee. Each person who passes the instructor’s examination shall be issued a certificate of registration as a registered instructor by paying the issuance fee. Every instructor’s certificate shall expire on May 31 of each year. Any instructor’s certificate issued under this Chapter is automatically suspended by operation of law after failure to renew the instructor’s certificate by the expiration date and may be renewed only upon payment of all lapsed renewal fees and the required late fee. Any person whose instructor’s certificate has expired for a period of three years or more shall be required to take and pass the instructor’s examination before the certificate can be renewed.

History. 1945, c. 830, s. 8; 1961, c. 577, s. 5; 1973, c. 1331, s. 3; 1979, c. 695, s. 1; 1981, c. 457, s. 13; 1995 (Reg. Sess., 1996), c. 605, s. 12.

§ 86A-24. Apprenticeship.

  1. Before being issued an apprentice license, an applicant must pass an examination conducted by the Board to determine his competence, including his knowledge of barbering, sanitary rules and regulations, and knowledge of diseases of the face, skin and scalp.
  2. An apprentice license expires on May 31 of each year. Every holder of an apprentice license shall annually renew the apprentice license by the expiration date and pay the required renewal fee. An apprentice license issued under this Chapter is automatically suspended by operation of law after failure to renew the apprentice license by the expiration date. An apprentice whose apprentice license has expired may have the certificate restored immediately upon paying all lapsed renewal fees and the required late fee. The certificate of registration of an apprentice is valid only so long as the apprentice works under the supervision of a registered barber. The registered barber shall remain present on the premises of the barbershop at all times while the apprentice is working. No apprentice shall operate a barbershop.
  3. On completion of at least one year’s apprenticeship, evidenced by affidavit of the supervising registered licensed barber or barbers, and upon meeting the other requirements of G.S. 86A-3 , the apprentice shall be issued a license as a registered barber, pursuant to G.S. 86A-10 . No registered apprentice may practice for a period exceeding three years without retaking and passing the required examination to receive a certificate as a registered apprentice.

History. 1929, c. 119, ss. 4, 5; 1941, c. 375, s. 3; 1975, c. 68, ss. 1, 2; 1979, c. 695, s. 1; 1981, c. 457, s. 14; 1995 (Reg. Sess., 1996), c. 605, s. 13; 2004-146, s. 8.

Effect of Amendments.

Session Laws 2004-146, s. 8, effective July 29, 2004, inserted the sixth sentence in subsection (b).

§ 86A-25. Fees collectible by Board.

The State Board of Barber Examiners shall charge fees not to exceed the following:

Certificate of registration or renewal as a barber $ 50.00 Certificate of registration or renewal as an apprentice barber 50.00 Barbershop permit or renewal 50.00 Examination to become a registered barber 85.00 Examination to become a registered apprentice barber 85.00 Late fee for restoration of an expired barber certificate within first year after expiration 35.00 Late fee for restoration of an expired barber certificate after first year after expiration but within five years after expiration 70.00 Late fee for restoration of an expired apprentice certificate within first year after expiration 35.00 Late fee for restoration of an expired apprentice certificate after first year after expiration but within three years of first issuance of the certificate 45.00 Late fee for restoration of an expired barbershop certificate 45.00 Examination to become a barber school instructor 165.00 Student permit 25.00 Issuance of any duplicate copy of a license, certificate, or permit 10.00 Barber school permit or renewal 130.00 Late fee for restoration of an expired barber school certificate 85.00 Barber school instructor certificate or renewal 85.00 Late fee for restoration of an expired barber school instructor certificate within first year after expiration 45.00 Late fee for restoration of an expired barber school instructor certificate after first year after expiration but within three years after expiration 85.00 Inspection of newly established barbershop 120.00 Inspection of newly established barber school 220.00 Issuance of a registered barber or apprentice certificate by certification 120.00 Barbers 70 years and older certificate or renewal No charge Reasonable charges for certified copies of public documents Reasonable charges for duplication services and material.

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History. 1929, c. 119, s. 14; 1937, c. 138, s. 4; 1945, c. 830, ss. 4, 8; 1951, c. 821, s. 1; 1957, c. 813, s. 3; 1961, c. 577, s. 5; 1965, c. 513; 1971, c. 826, ss. 1, 2; 1973, c. 1331, s. 3; c. 1398; 1979, c. 695, s. 1; 1981, c. 753; 1989 (Reg. Sess., 1990), c. 1029, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 14; 2004-146, s. 11.

Effect of Amendments.

Session Laws 2004-146, s. 11, effective July 29, 2004, increased the fees, and added the last two lines.

CASE NOTES

Constitutionality of Fees. —

The fees prescribed are for the expenses of enforcing the Chapter, which is necessary to the public health and welfare. They are not imposed for revenue, and the payment of the barber’s license tax under the Revenue Act does not affect the obligation to pay the fees prescribed by this Chapter. Assessment of the fees thereunder is constitutional. State v. Lockey, 198 N.C. 551 , 152 S.E. 693, 1930 N.C. LEXIS 408 (1930).

§ 86A-26. Barbering among members of same family.

This Chapter shall not prohibit a member of a family from practicing barbering on a member of his or her family. For purposes of this section, “a member of his or her family” means a spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild.

History. 1941, c. 375, s. 12; 1979, c. 695, s. 1; 2004-146, s. 9.

Effect of Amendments.

Session Laws 2004-146, s. 9, effective July 29, 2004, added the second sentence.

§ 86A-27. Civil penalties; disciplinary costs.

  1. Authority to Assess Civil Penalties. —  The Board may assess a civil penalty not in excess of five hundred dollars ($500.00) per offense for the violation of any section of this Chapter or the violation of any rules adopted by the Board. The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2 .
  2. Consideration Factors. —  Before imposing and assessing a civil penalty, the Board shall consider the following factors:
    1. The nature, gravity, and persistence of the particular violation.
    2. The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.
    3. Whether the violation was willful and malicious.
    4. Any other factors that would tend to mitigate or aggravate the violations found to exist.
  3. Schedule of Civil Penalties. —  The Board shall establish a schedule of civil penalties for violations of this Chapter and rules adopted by the Board.
  4. Costs. —  The Board may in a disciplinary proceeding charge costs, including reasonable attorneys’ fees, to the licensee against whom the proceedings were brought.

History. 2004-146, s. 10.

CASE NOTES

Imposition of Civil Penalties on Non-Licensees. —

Trial court erred by concluding the State of North Carolina Board of Barber Examiners did not have the statutory authority to impose fines on the barbershop owner because the imposition of civil penalties on non-licensees was reasonably necessary for the Board to serve its purpose of preventing non-licensees from engaging in barbering. Kindsgrab v. State Bd. of Barber Examiners, 236 N.C. App. 564, 763 S.E.2d 913, 2014 N.C. App. LEXIS 1077 (2014).