(i) "Barbering" means the practice upon any person orpersons of any of the following acts (when done for cosmetic purposes, and notfor the treatment of disease or physical or mental ailments, and when done forpayment, either directly or indirectly, or without payment except for the immediatefamily); provided, any person or persons operating a beauty salon or practicingcosmetology and its related fields exclusively shall be exempt from theprovisions of this act: shaving or treating the beard or cutting the hair,singeing, shampooing or dyeing the hair, permanent waving or applying hairtonics, massaging, applying cosmetic preparations, antiseptics, powder, oil,clay or lotions, to the scalp, face or neck;
(ii) "Board" means the state board of barberexaminers;
(iii) "School of barbering" means a place licensedunder this act where barbering is taught to students;
(iv) "Student" means a person duly enrolled andregularly attending a licensed school of barbering for the purpose of receivinginstruction on and learning the practices of barbering;
(v) "Unprofessional" means acting in an extrememanner not conforming to current standards of the barbering industry;
(vi) "This act" means W.S. 33-7-101 through 33-7-211.
33-7-102. State board of barber examiners; created; designation;composition; appointment, qualifications and term of members.
(a) There is created the "state board of barberexaminers", which shall consist of three (3) persons, each of whom shallbe a resident citizen of the state of Wyoming and the holder of a validregistration certificate as a registered barber which has been annually renewedfor the period of not less than five (5) years immediately preceding the dateof his appointment and shall not be either directly or indirectly connectedwith any barber school or college. The members of the board shall be appointedby the governor. The governor may remove any member of the board as provided inW.S. 9-1-202. The term of office for each member appointed hereafter shall bethree (3) years. Each term shall terminate on March 1 of the last calendar yearof that term.
(b) Effective July 1, 1979, appointments and terms shall be inaccordance with W.S. 28-12-101 through 28-12-103.
33-7-103. State board of barber examiners; election of officers;duties of secretary-treasurer; disposition of money received.
(a) The board shall elect a president, vice-president and asecretary-treasurer at the first annual meeting from its members. Thesecretary-treasurer shall keep the books, temporary funds and records of theboard.
(b) Each fee required shall be paid in advance and shall bereceived and collected as provided by law. The state treasurer shall place twopercent (2%) of the money in the general fund and the remainder in a separateaccount. The money so received and placed in the account may be used by themembers of the board in defraying their actual expenses and per diem allowanceas hereinafter provided in carrying out the provisions of this act.
33-7-104. State board of barber examiners; powers and duties;compensation.
Theboard shall furnish suitable quarters and adopt and use a common seal for theauthentication of its orders and records. To assist in implementing this act,the board may employ personnel as it deems necessary and fix their duties andremuneration. Each member of the board shall receive as salary the sum paideach day to legislators, or an equivalent hourly wage, together with per diemand mileage allowance as allowed to state employees, when actually engaged inboard activities. The entire costs and expenses of carrying out this act shallbe paid only out of the fees collected in the administration of this act.
33-7-105. State board of barber examiners; meetings.
One(1) annual meeting shall be held at a time and place designated by thepresident of the board. Other meetings shall be held as called by the presidentof the board, or by the president upon the written request of two (2) membersof the board.
33-7-106. State board of barber examiners; to furnish printed matter.
Allcertificates of registration, permits, licenses or other printed matternecessary to carry out the provisions of this act shall be provided and issuedby the board, and at no expense to the state.
(a) No person, association, partnership or corporation shalloperate or conduct a barbershop or barber school without a valid, unexpiredlicense. Licenses shall be issued by the secretary of the board of barberexaminers or the board's designee. The annual license fee shall be set by theboard pursuant to W.S. 33-1-201 for each shop or school, payable in advance,but if not paid on or before July 31 of each year, a late fee set by board ruleand regulation shall be assessed. The licenses shall be conspicuously displayedat all times, and no license shall be issued until all sanitary regulationsrequired by W.S. 33-7-101 through 33-7-211 or prescribed by the board have beencomplied with. Applications for new shops or schools or for shops or schoolschanging locations shall be made in writing on forms furnished by the board,and shall contain information required by the board. An inspection fee for anew shop or school or for a shop or school changing location shall be set bythe board pursuant to W.S. 33-1-201. A shop or school license is nottransferable.
(b) Registered barbers, cosmetologists, manicurists or nailtechnicians, estheticians and hair stylists licensed under W.S. 33-12-119through 33-12-140 may engage in the practice for which they are licensed in thesame shop if the shop is licensed under subsection (a) of this section andunder W.S. 33-12-119 through 33-12-140.
33-7-109. Persons addicted to intoxicating liquors or narcotics.
(a) No person addicted to the use of intoxicating liquors ordrugs to an extent to render him unfit to practice or teach barbering shall beentitled to any license, nor shall any such person work or be employed in anybarbershop.
(b) Repealed By Laws 2005, ch. 42, 2.
33-7-110. Sanitary inspection.
(a) The board of barber examiners shall make a sanitaryinspection of each barbershop and school at least annually.
(b) Barbershops in the state of Wyoming shall be open to suchcounty health officers, members of the board, its inspectors or representativesat any time during business hours.
33-7-111. Sanitary requirements; rules.
(a) Repealed By Laws 2005, ch. 42, 2.
(b) Repealed By Laws 2005, ch. 42, 2.
(c) The board may promulgate rules regarding the operation ofbarbershops and schools to prevent the spread of infectious and contagiousdiseases.
33-7-112. Penalty.
Anyviolation of this act constitutes a misdemeanor punishable by a fine of notless than one hundred dollars ($100.00) nor more than seven hundred fiftydollars ($750.00), imprisonment for not more than ninety (90) days, or both.
ARTICLE 2 - CERTIFICATE OF REGISTRATION
33-7-201. Certificates required; license required for shops andschools.
(a) No person shall practice or attempt to practice barberingwithout a certificate to practice as a registered barber. No person shalloperate a barbershop or school unless it is at all times under the directsupervision and management of a registered barber. No person shall employanother as a barber unless the person so employed holds an unexpiredcertificate of registration or permit issued by the board.
(b) No person, association, partnership, or corporation shallestablish or operate a barbershop or school of barbering in the state withoutfirst securing and holding a license from the board. Application for a licenseshall be made in writing on forms furnished by the board. The board may requireto be furnished information reasonably necessary for its purposes. The boardshall establish by rule and regulation standards for licensing barbershops andschools.
33-7-202. Repealed by Laws 1985, ch. 136, 2.
33-7-203. When granted without examination.
(a) An applicant for a registered barber certificate, who isqualified and currently holds a registered barber certificate in another stateor country, upon submitting an application to the board, with proof that hemeets or exceeds the requirements to receive a registered barber certificate inthis state as prescribed by board rule and regulation, and upon payment of therequired fee, may receive a registered barber certificate by endorsementwithout examination in this state subject to the following:
(i) An applicant from another state or country which does notrequire a board examination or who has not graduated from a state approvedprogram shall not obtain a certificate by endorsement; and
(ii) An applicant who holds a valid, unexpired barbers licenseor certificate from another state that does not require a board examination andwho has graduated from a barber school or college, upon application and paymentof the required fee may be issued a temporary permit to practice as a barberunder the supervision of a registered barber in this state until the nextexamination scheduled by the board. Each applicant may receive only one (1)temporary permit.
(b) Repealed By Laws 2005, ch. 42, 2.
(c) Repealed By Laws 2005, ch. 42, 2.
33-7-204. Fees.
(a) The board shall establish and collect fees pursuant to W.S.33-1-201 for the certificates, licenses, permits and examinations indicated:
(i) Registered barber's examination;
(ii) Certificate of registration, initial or renewal;
(iii) Duplicate certificate;
(iv) Temporary permit to practice;
(v) Restoration fee, certificate of registration;
(vi) Barbershop license;
(vii) Barber school license.
(b) Certificates of registration for barbers and barbershop andbarber school licenses expire on July 1 following their issuance. Any personwho qualifies for a certificate under W.S. 33-7-209 or a barbershop or barberschool license as prescribed by board rule and regulation and pays requiredfees shall be issued a certificate or renewal.
(c) Repealed by Laws 1985, ch. 136, 2.
(d) The board may declare forfeit the examination fee of anyapplicant who fails to appear for examination at two (2) successive meetings ofthe board for the examination of applicants.
(e) Repealed By Laws 2005, ch. 42, 2.
(f) Repealed By Laws 2005, ch. 42, 2.
(g) The board shall establish and collect fees to recover costsfor publication and distribution of registers, lists and booklets, for recordsand affidavits processed, and for educational programs.
33-7-205. Restoration following expiration or retirement.
Anyformerly registered barber whose certificate of registration has expired maywithin five (5) years of the date of expiration have his certificate restoredimmediately upon payment of the restoration fee in addition to other renewalfees. Any registered barber who retires from the practice of barbering formore than five (5) years may not renew his certificate of registration. Anyregistered barber whose certificate has expired and who does not qualify for acertificate by endorsement as provided in W.S. 33-7-203 shall be required topass the board administered examination and pay all related examination andcertification fees as set forth in board rule and regulation.
33-7-206. Display.
Everyholder of a certificate of registration shall display it in a conspicuous placeadjacent to or near his work chair. Every holder of a barbershop or barberschool license shall display it in a conspicuous place for public viewing.
33-7-207. Refusal to issue or renew; revocation; suspension; denial.
(a) The board may revoke, suspend, deny, or refuse to issue orrenew any certificate of registration or barbershop or barber school license,or may otherwise censure the holder of a certificate of registration orbarbershop or barber school license for any of the following causes:
(i) Making a false statement on an application to the board;
(ii) Gross malpractice or gross incompetency;
(iii) Repealed By Laws 2005, ch. 42, 2.
(iv) Advertising by means of knowingly false or deceptivestatements;
(v) Advertising, practicing, or attempting to practice, under atrade name other than one's own;
(vi) Repealed By Laws 2005, ch. 42, 2.
(vii) Unprofessional conduct; and
(viii) Violation of any of the provisions of this act or boardrule and regulation.
(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-7-208. Notice and hearing for revocation.
(a) Except as provided in W.S. 33-7-207(b), the board mayrefuse to renew or may revoke, deny or suspend any license or certificate ofregistration issued under this act as provided in W.S. 33-7-107 after twenty(20) days written notice and an opportunity for a hearing pursuant to theprovisions of W.S. 16-3-101 through 16-3-115.
(b) Hearing and notice requirements shall be conducted pursuantto the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.
33-7-209. Qualifications for registration as barber; examination.
(a) A certificate of registration to practice barbering shallbe issued upon passage of a board administered or board approved examination,and upon meeting all requirements set forth by board rule and regulation, toany person who files a completed application, accompanied by the required feesand documentation and who:
(i) Has graduated from an approved barber school or college,has an education equivalent to the completion of the second year of high schooland is at least seventeen (17) years of age;
(ii) Has a valid, unexpired license as a barber from anotherstate or country which has licensing requirements for barbers that meet orexceed the requirements for certification in Wyoming; or
(iii) Is a cosmetologist or hair stylist licensed under W.S.33-12-119 through 33-12-140, has completed seven hundred fifty (750) hours oftraining at an approved barber school or college and passed an examination conductedby the board to determine his fitness for practice.
(b) Repealed By Laws 2005, ch. 42, 2.
(c) An applicant for a certificate of registration to practiceas a registered barber who fails to pass an examination conducted by the board,may be examined at the next examination.
33-7-210. Application for examination.
Eachapplicant for an examination shall make application to the board on blank formsprepared and furnished by the board and shall submit proper credentials and allrequired fees as required by the board no less than fifteen (15) days beforethe examination is to be given.
33-7-211. Time and character of examinations.
Theexamination required under W.S. 33-7-209(a) shall be conducted at a time andplace chosen by the board and given at least once every six (6) months.Examinations shall not be confined to any specific method or system, mayconsist of oral, written and performance examinations, and shall be of thescope and character to disclose that any person passing the examination isqualified to receive a registered barber certificate. Examinations shall beheld in the presence of at least one (1) member of the board or a qualifiedexaminer as determined by board rule and regulation.
(i) "Barbering" means the practice upon any person orpersons of any of the following acts (when done for cosmetic purposes, and notfor the treatment of disease or physical or mental ailments, and when done forpayment, either directly or indirectly, or without payment except for the immediatefamily); provided, any person or persons operating a beauty salon or practicingcosmetology and its related fields exclusively shall be exempt from theprovisions of this act: shaving or treating the beard or cutting the hair,singeing, shampooing or dyeing the hair, permanent waving or applying hairtonics, massaging, applying cosmetic preparations, antiseptics, powder, oil,clay or lotions, to the scalp, face or neck;
(ii) "Board" means the state board of barberexaminers;
(iii) "School of barbering" means a place licensedunder this act where barbering is taught to students;
(iv) "Student" means a person duly enrolled andregularly attending a licensed school of barbering for the purpose of receivinginstruction on and learning the practices of barbering;
(v) "Unprofessional" means acting in an extrememanner not conforming to current standards of the barbering industry;
(vi) "This act" means W.S. 33-7-101 through 33-7-211.
33-7-102. State board of barber examiners; created; designation;composition; appointment, qualifications and term of members.
(a) There is created the "state board of barberexaminers", which shall consist of three (3) persons, each of whom shallbe a resident citizen of the state of Wyoming and the holder of a validregistration certificate as a registered barber which has been annually renewedfor the period of not less than five (5) years immediately preceding the dateof his appointment and shall not be either directly or indirectly connectedwith any barber school or college. The members of the board shall be appointedby the governor. The governor may remove any member of the board as provided inW.S. 9-1-202. The term of office for each member appointed hereafter shall bethree (3) years. Each term shall terminate on March 1 of the last calendar yearof that term.
(b) Effective July 1, 1979, appointments and terms shall be inaccordance with W.S. 28-12-101 through 28-12-103.
33-7-103. State board of barber examiners; election of officers;duties of secretary-treasurer; disposition of money received.
(a) The board shall elect a president, vice-president and asecretary-treasurer at the first annual meeting from its members. Thesecretary-treasurer shall keep the books, temporary funds and records of theboard.
(b) Each fee required shall be paid in advance and shall bereceived and collected as provided by law. The state treasurer shall place twopercent (2%) of the money in the general fund and the remainder in a separateaccount. The money so received and placed in the account may be used by themembers of the board in defraying their actual expenses and per diem allowanceas hereinafter provided in carrying out the provisions of this act.
33-7-104. State board of barber examiners; powers and duties;compensation.
Theboard shall furnish suitable quarters and adopt and use a common seal for theauthentication of its orders and records. To assist in implementing this act,the board may employ personnel as it deems necessary and fix their duties andremuneration. Each member of the board shall receive as salary the sum paideach day to legislators, or an equivalent hourly wage, together with per diemand mileage allowance as allowed to state employees, when actually engaged inboard activities. The entire costs and expenses of carrying out this act shallbe paid only out of the fees collected in the administration of this act.
33-7-105. State board of barber examiners; meetings.
One(1) annual meeting shall be held at a time and place designated by thepresident of the board. Other meetings shall be held as called by the presidentof the board, or by the president upon the written request of two (2) membersof the board.
33-7-106. State board of barber examiners; to furnish printed matter.
Allcertificates of registration, permits, licenses or other printed matternecessary to carry out the provisions of this act shall be provided and issuedby the board, and at no expense to the state.
(a) No person, association, partnership or corporation shalloperate or conduct a barbershop or barber school without a valid, unexpiredlicense. Licenses shall be issued by the secretary of the board of barberexaminers or the board's designee. The annual license fee shall be set by theboard pursuant to W.S. 33-1-201 for each shop or school, payable in advance,but if not paid on or before July 31 of each year, a late fee set by board ruleand regulation shall be assessed. The licenses shall be conspicuously displayedat all times, and no license shall be issued until all sanitary regulationsrequired by W.S. 33-7-101 through 33-7-211 or prescribed by the board have beencomplied with. Applications for new shops or schools or for shops or schoolschanging locations shall be made in writing on forms furnished by the board,and shall contain information required by the board. An inspection fee for anew shop or school or for a shop or school changing location shall be set bythe board pursuant to W.S. 33-1-201. A shop or school license is nottransferable.
(b) Registered barbers, cosmetologists, manicurists or nailtechnicians, estheticians and hair stylists licensed under W.S. 33-12-119through 33-12-140 may engage in the practice for which they are licensed in thesame shop if the shop is licensed under subsection (a) of this section andunder W.S. 33-12-119 through 33-12-140.
33-7-109. Persons addicted to intoxicating liquors or narcotics.
(a) No person addicted to the use of intoxicating liquors ordrugs to an extent to render him unfit to practice or teach barbering shall beentitled to any license, nor shall any such person work or be employed in anybarbershop.
(b) Repealed By Laws 2005, ch. 42, 2.
33-7-110. Sanitary inspection.
(a) The board of barber examiners shall make a sanitaryinspection of each barbershop and school at least annually.
(b) Barbershops in the state of Wyoming shall be open to suchcounty health officers, members of the board, its inspectors or representativesat any time during business hours.
33-7-111. Sanitary requirements; rules.
(a) Repealed By Laws 2005, ch. 42, 2.
(b) Repealed By Laws 2005, ch. 42, 2.
(c) The board may promulgate rules regarding the operation ofbarbershops and schools to prevent the spread of infectious and contagiousdiseases.
33-7-112. Penalty.
Anyviolation of this act constitutes a misdemeanor punishable by a fine of notless than one hundred dollars ($100.00) nor more than seven hundred fiftydollars ($750.00), imprisonment for not more than ninety (90) days, or both.
ARTICLE 2 - CERTIFICATE OF REGISTRATION
33-7-201. Certificates required; license required for shops andschools.
(a) No person shall practice or attempt to practice barberingwithout a certificate to practice as a registered barber. No person shalloperate a barbershop or school unless it is at all times under the directsupervision and management of a registered barber. No person shall employanother as a barber unless the person so employed holds an unexpiredcertificate of registration or permit issued by the board.
(b) No person, association, partnership, or corporation shallestablish or operate a barbershop or school of barbering in the state withoutfirst securing and holding a license from the board. Application for a licenseshall be made in writing on forms furnished by the board. The board may requireto be furnished information reasonably necessary for its purposes. The boardshall establish by rule and regulation standards for licensing barbershops andschools.
33-7-202. Repealed by Laws 1985, ch. 136, 2.
33-7-203. When granted without examination.
(a) An applicant for a registered barber certificate, who isqualified and currently holds a registered barber certificate in another stateor country, upon submitting an application to the board, with proof that hemeets or exceeds the requirements to receive a registered barber certificate inthis state as prescribed by board rule and regulation, and upon payment of therequired fee, may receive a registered barber certificate by endorsementwithout examination in this state subject to the following:
(i) An applicant from another state or country which does notrequire a board examination or who has not graduated from a state approvedprogram shall not obtain a certificate by endorsement; and
(ii) An applicant who holds a valid, unexpired barbers licenseor certificate from another state that does not require a board examination andwho has graduated from a barber school or college, upon application and paymentof the required fee may be issued a temporary permit to practice as a barberunder the supervision of a registered barber in this state until the nextexamination scheduled by the board. Each applicant may receive only one (1)temporary permit.
(b) Repealed By Laws 2005, ch. 42, 2.
(c) Repealed By Laws 2005, ch. 42, 2.
33-7-204. Fees.
(a) The board shall establish and collect fees pursuant to W.S.33-1-201 for the certificates, licenses, permits and examinations indicated:
(i) Registered barber's examination;
(ii) Certificate of registration, initial or renewal;
(iii) Duplicate certificate;
(iv) Temporary permit to practice;
(v) Restoration fee, certificate of registration;
(vi) Barbershop license;
(vii) Barber school license.
(b) Certificates of registration for barbers and barbershop andbarber school licenses expire on July 1 following their issuance. Any personwho qualifies for a certificate under W.S. 33-7-209 or a barbershop or barberschool license as prescribed by board rule and regulation and pays requiredfees shall be issued a certificate or renewal.
(c) Repealed by Laws 1985, ch. 136, 2.
(d) The board may declare forfeit the examination fee of anyapplicant who fails to appear for examination at two (2) successive meetings ofthe board for the examination of applicants.
(e) Repealed By Laws 2005, ch. 42, 2.
(f) Repealed By Laws 2005, ch. 42, 2.
(g) The board shall establish and collect fees to recover costsfor publication and distribution of registers, lists and booklets, for recordsand affidavits processed, and for educational programs.
33-7-205. Restoration following expiration or retirement.
Anyformerly registered barber whose certificate of registration has expired maywithin five (5) years of the date of expiration have his certificate restoredimmediately upon payment of the restoration fee in addition to other renewalfees. Any registered barber who retires from the practice of barbering formore than five (5) years may not renew his certificate of registration. Anyregistered barber whose certificate has expired and who does not qualify for acertificate by endorsement as provided in W.S. 33-7-203 shall be required topass the board administered examination and pay all related examination andcertification fees as set forth in board rule and regulation.
33-7-206. Display.
Everyholder of a certificate of registration shall display it in a conspicuous placeadjacent to or near his work chair. Every holder of a barbershop or barberschool license shall display it in a conspicuous place for public viewing.
33-7-207. Refusal to issue or renew; revocation; suspension; denial.
(a) The board may revoke, suspend, deny, or refuse to issue orrenew any certificate of registration or barbershop or barber school license,or may otherwise censure the holder of a certificate of registration orbarbershop or barber school license for any of the following causes:
(i) Making a false statement on an application to the board;
(ii) Gross malpractice or gross incompetency;
(iii) Repealed By Laws 2005, ch. 42, 2.
(iv) Advertising by means of knowingly false or deceptivestatements;
(v) Advertising, practicing, or attempting to practice, under atrade name other than one's own;
(vi) Repealed By Laws 2005, ch. 42, 2.
(vii) Unprofessional conduct; and
(viii) Violation of any of the provisions of this act or boardrule and regulation.
(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-7-208. Notice and hearing for revocation.
(a) Except as provided in W.S. 33-7-207(b), the board mayrefuse to renew or may revoke, deny or suspend any license or certificate ofregistration issued under this act as provided in W.S. 33-7-107 after twenty(20) days written notice and an opportunity for a hearing pursuant to theprovisions of W.S. 16-3-101 through 16-3-115.
(b) Hearing and notice requirements shall be conducted pursuantto the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.
33-7-209. Qualifications for registration as barber; examination.
(a) A certificate of registration to practice barbering shallbe issued upon passage of a board administered or board approved examination,and upon meeting all requirements set forth by board rule and regulation, toany person who files a completed application, accompanied by the required feesand documentation and who:
(i) Has graduated from an approved barber school or college,has an education equivalent to the completion of the second year of high schooland is at least seventeen (17) years of age;
(ii) Has a valid, unexpired license as a barber from anotherstate or country which has licensing requirements for barbers that meet orexceed the requirements for certification in Wyoming; or
(iii) Is a cosmetologist or hair stylist licensed under W.S.33-12-119 through 33-12-140, has completed seven hundred fifty (750) hours oftraining at an approved barber school or college and passed an examination conductedby the board to determine his fitness for practice.
(b) Repealed By Laws 2005, ch. 42, 2.
(c) An applicant for a certificate of registration to practiceas a registered barber who fails to pass an examination conducted by the board,may be examined at the next examination.
33-7-210. Application for examination.
Eachapplicant for an examination shall make application to the board on blank formsprepared and furnished by the board and shall submit proper credentials and allrequired fees as required by the board no less than fifteen (15) days beforethe examination is to be given.
33-7-211. Time and character of examinations.
Theexamination required under W.S. 33-7-209(a) shall be conducted at a time andplace chosen by the board and given at least once every six (6) months.Examinations shall not be confined to any specific method or system, mayconsist of oral, written and performance examinations, and shall be of thescope and character to disclose that any person passing the examination isqualified to receive a registered barber certificate. Examinations shall beheld in the presence of at least one (1) member of the board or a qualifiedexaminer as determined by board rule and regulation.
(i) "Barbering" means the practice upon any person orpersons of any of the following acts (when done for cosmetic purposes, and notfor the treatment of disease or physical or mental ailments, and when done forpayment, either directly or indirectly, or without payment except for the immediatefamily); provided, any person or persons operating a beauty salon or practicingcosmetology and its related fields exclusively shall be exempt from theprovisions of this act: shaving or treating the beard or cutting the hair,singeing, shampooing or dyeing the hair, permanent waving or applying hairtonics, massaging, applying cosmetic preparations, antiseptics, powder, oil,clay or lotions, to the scalp, face or neck;
(ii) "Board" means the state board of barberexaminers;
(iii) "School of barbering" means a place licensedunder this act where barbering is taught to students;
(iv) "Student" means a person duly enrolled andregularly attending a licensed school of barbering for the purpose of receivinginstruction on and learning the practices of barbering;
(v) "Unprofessional" means acting in an extrememanner not conforming to current standards of the barbering industry;
(vi) "This act" means W.S. 33-7-101 through 33-7-211.
33-7-102. State board of barber examiners; created; designation;composition; appointment, qualifications and term of members.
(a) There is created the "state board of barberexaminers", which shall consist of three (3) persons, each of whom shallbe a resident citizen of the state of Wyoming and the holder of a validregistration certificate as a registered barber which has been annually renewedfor the period of not less than five (5) years immediately preceding the dateof his appointment and shall not be either directly or indirectly connectedwith any barber school or college. The members of the board shall be appointedby the governor. The governor may remove any member of the board as provided inW.S. 9-1-202. The term of office for each member appointed hereafter shall bethree (3) years. Each term shall terminate on March 1 of the last calendar yearof that term.
(b) Effective July 1, 1979, appointments and terms shall be inaccordance with W.S. 28-12-101 through 28-12-103.
33-7-103. State board of barber examiners; election of officers;duties of secretary-treasurer; disposition of money received.
(a) The board shall elect a president, vice-president and asecretary-treasurer at the first annual meeting from its members. Thesecretary-treasurer shall keep the books, temporary funds and records of theboard.
(b) Each fee required shall be paid in advance and shall bereceived and collected as provided by law. The state treasurer shall place twopercent (2%) of the money in the general fund and the remainder in a separateaccount. The money so received and placed in the account may be used by themembers of the board in defraying their actual expenses and per diem allowanceas hereinafter provided in carrying out the provisions of this act.
33-7-104. State board of barber examiners; powers and duties;compensation.
Theboard shall furnish suitable quarters and adopt and use a common seal for theauthentication of its orders and records. To assist in implementing this act,the board may employ personnel as it deems necessary and fix their duties andremuneration. Each member of the board shall receive as salary the sum paideach day to legislators, or an equivalent hourly wage, together with per diemand mileage allowance as allowed to state employees, when actually engaged inboard activities. The entire costs and expenses of carrying out this act shallbe paid only out of the fees collected in the administration of this act.
33-7-105. State board of barber examiners; meetings.
One(1) annual meeting shall be held at a time and place designated by thepresident of the board. Other meetings shall be held as called by the presidentof the board, or by the president upon the written request of two (2) membersof the board.
33-7-106. State board of barber examiners; to furnish printed matter.
Allcertificates of registration, permits, licenses or other printed matternecessary to carry out the provisions of this act shall be provided and issuedby the board, and at no expense to the state.
(a) No person, association, partnership or corporation shalloperate or conduct a barbershop or barber school without a valid, unexpiredlicense. Licenses shall be issued by the secretary of the board of barberexaminers or the board's designee. The annual license fee shall be set by theboard pursuant to W.S. 33-1-201 for each shop or school, payable in advance,but if not paid on or before July 31 of each year, a late fee set by board ruleand regulation shall be assessed. The licenses shall be conspicuously displayedat all times, and no license shall be issued until all sanitary regulationsrequired by W.S. 33-7-101 through 33-7-211 or prescribed by the board have beencomplied with. Applications for new shops or schools or for shops or schoolschanging locations shall be made in writing on forms furnished by the board,and shall contain information required by the board. An inspection fee for anew shop or school or for a shop or school changing location shall be set bythe board pursuant to W.S. 33-1-201. A shop or school license is nottransferable.
(b) Registered barbers, cosmetologists, manicurists or nailtechnicians, estheticians and hair stylists licensed under W.S. 33-12-119through 33-12-140 may engage in the practice for which they are licensed in thesame shop if the shop is licensed under subsection (a) of this section andunder W.S. 33-12-119 through 33-12-140.
33-7-109. Persons addicted to intoxicating liquors or narcotics.
(a) No person addicted to the use of intoxicating liquors ordrugs to an extent to render him unfit to practice or teach barbering shall beentitled to any license, nor shall any such person work or be employed in anybarbershop.
(b) Repealed By Laws 2005, ch. 42, 2.
33-7-110. Sanitary inspection.
(a) The board of barber examiners shall make a sanitaryinspection of each barbershop and school at least annually.
(b) Barbershops in the state of Wyoming shall be open to suchcounty health officers, members of the board, its inspectors or representativesat any time during business hours.
33-7-111. Sanitary requirements; rules.
(a) Repealed By Laws 2005, ch. 42, 2.
(b) Repealed By Laws 2005, ch. 42, 2.
(c) The board may promulgate rules regarding the operation ofbarbershops and schools to prevent the spread of infectious and contagiousdiseases.
33-7-112. Penalty.
Anyviolation of this act constitutes a misdemeanor punishable by a fine of notless than one hundred dollars ($100.00) nor more than seven hundred fiftydollars ($750.00), imprisonment for not more than ninety (90) days, or both.
ARTICLE 2 - CERTIFICATE OF REGISTRATION
33-7-201. Certificates required; license required for shops andschools.
(a) No person shall practice or attempt to practice barberingwithout a certificate to practice as a registered barber. No person shalloperate a barbershop or school unless it is at all times under the directsupervision and management of a registered barber. No person shall employanother as a barber unless the person so employed holds an unexpiredcertificate of registration or permit issued by the board.
(b) No person, association, partnership, or corporation shallestablish or operate a barbershop or school of barbering in the state withoutfirst securing and holding a license from the board. Application for a licenseshall be made in writing on forms furnished by the board. The board may requireto be furnished information reasonably necessary for its purposes. The boardshall establish by rule and regulation standards for licensing barbershops andschools.
33-7-202. Repealed by Laws 1985, ch. 136, 2.
33-7-203. When granted without examination.
(a) An applicant for a registered barber certificate, who isqualified and currently holds a registered barber certificate in another stateor country, upon submitting an application to the board, with proof that hemeets or exceeds the requirements to receive a registered barber certificate inthis state as prescribed by board rule and regulation, and upon payment of therequired fee, may receive a registered barber certificate by endorsementwithout examination in this state subject to the following:
(i) An applicant from another state or country which does notrequire a board examination or who has not graduated from a state approvedprogram shall not obtain a certificate by endorsement; and
(ii) An applicant who holds a valid, unexpired barbers licenseor certificate from another state that does not require a board examination andwho has graduated from a barber school or college, upon application and paymentof the required fee may be issued a temporary permit to practice as a barberunder the supervision of a registered barber in this state until the nextexamination scheduled by the board. Each applicant may receive only one (1)temporary permit.
(b) Repealed By Laws 2005, ch. 42, 2.
(c) Repealed By Laws 2005, ch. 42, 2.
33-7-204. Fees.
(a) The board shall establish and collect fees pursuant to W.S.33-1-201 for the certificates, licenses, permits and examinations indicated:
(i) Registered barber's examination;
(ii) Certificate of registration, initial or renewal;
(iii) Duplicate certificate;
(iv) Temporary permit to practice;
(v) Restoration fee, certificate of registration;
(vi) Barbershop license;
(vii) Barber school license.
(b) Certificates of registration for barbers and barbershop andbarber school licenses expire on July 1 following their issuance. Any personwho qualifies for a certificate under W.S. 33-7-209 or a barbershop or barberschool license as prescribed by board rule and regulation and pays requiredfees shall be issued a certificate or renewal.
(c) Repealed by Laws 1985, ch. 136, 2.
(d) The board may declare forfeit the examination fee of anyapplicant who fails to appear for examination at two (2) successive meetings ofthe board for the examination of applicants.
(e) Repealed By Laws 2005, ch. 42, 2.
(f) Repealed By Laws 2005, ch. 42, 2.
(g) The board shall establish and collect fees to recover costsfor publication and distribution of registers, lists and booklets, for recordsand affidavits processed, and for educational programs.
33-7-205. Restoration following expiration or retirement.
Anyformerly registered barber whose certificate of registration has expired maywithin five (5) years of the date of expiration have his certificate restoredimmediately upon payment of the restoration fee in addition to other renewalfees. Any registered barber who retires from the practice of barbering formore than five (5) years may not renew his certificate of registration. Anyregistered barber whose certificate has expired and who does not qualify for acertificate by endorsement as provided in W.S. 33-7-203 shall be required topass the board administered examination and pay all related examination andcertification fees as set forth in board rule and regulation.
33-7-206. Display.
Everyholder of a certificate of registration shall display it in a conspicuous placeadjacent to or near his work chair. Every holder of a barbershop or barberschool license shall display it in a conspicuous place for public viewing.
33-7-207. Refusal to issue or renew; revocation; suspension; denial.
(a) The board may revoke, suspend, deny, or refuse to issue orrenew any certificate of registration or barbershop or barber school license,or may otherwise censure the holder of a certificate of registration orbarbershop or barber school license for any of the following causes:
(i) Making a false statement on an application to the board;
(ii) Gross malpractice or gross incompetency;
(iii) Repealed By Laws 2005, ch. 42, 2.
(iv) Advertising by means of knowingly false or deceptivestatements;
(v) Advertising, practicing, or attempting to practice, under atrade name other than one's own;
(vi) Repealed By Laws 2005, ch. 42, 2.
(vii) Unprofessional conduct; and
(viii) Violation of any of the provisions of this act or boardrule and regulation.
(b) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-7-208. Notice and hearing for revocation.
(a) Except as provided in W.S. 33-7-207(b), the board mayrefuse to renew or may revoke, deny or suspend any license or certificate ofregistration issued under this act as provided in W.S. 33-7-107 after twenty(20) days written notice and an opportunity for a hearing pursuant to theprovisions of W.S. 16-3-101 through 16-3-115.
(b) Hearing and notice requirements shall be conducted pursuantto the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115.
33-7-209. Qualifications for registration as barber; examination.
(a) A certificate of registration to practice barbering shallbe issued upon passage of a board administered or board approved examination,and upon meeting all requirements set forth by board rule and regulation, toany person who files a completed application, accompanied by the required feesand documentation and who:
(i) Has graduated from an approved barber school or college,has an education equivalent to the completion of the second year of high schooland is at least seventeen (17) years of age;
(ii) Has a valid, unexpired license as a barber from anotherstate or country which has licensing requirements for barbers that meet orexceed the requirements for certification in Wyoming; or
(iii) Is a cosmetologist or hair stylist licensed under W.S.33-12-119 through 33-12-140, has completed seven hundred fifty (750) hours oftraining at an approved barber school or college and passed an examination conductedby the board to determine his fitness for practice.
(b) Repealed By Laws 2005, ch. 42, 2.
(c) An applicant for a certificate of registration to practiceas a registered barber who fails to pass an examination conducted by the board,may be examined at the next examination.
33-7-210. Application for examination.
Eachapplicant for an examination shall make application to the board on blank formsprepared and furnished by the board and shall submit proper credentials and allrequired fees as required by the board no less than fifteen (15) days beforethe examination is to be given.
33-7-211. Time and character of examinations.
Theexamination required under W.S. 33-7-209(a) shall be conducted at a time andplace chosen by the board and given at least once every six (6) months.Examinations shall not be confined to any specific method or system, mayconsist of oral, written and performance examinations, and shall be of thescope and character to disclose that any person passing the examination isqualified to receive a registered barber certificate. Examinations shall beheld in the presence of at least one (1) member of the board or a qualifiedexaminer as determined by board rule and regulation.
