Chapter 4709-5 Licenses and Continuing Education

4709-5-01 Reciprocity.

Upon application to the board in due form, as provided in section 4709.08 of the Revised Code, accompanied by the required license fee, a person registered as a barber under the laws of any other state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to the state of Ohio, shall, without examination, unless the board in its discretion sees fit to require examination, be granted a license to practice under the following conditions: that the applicant is not less than eighteen years of age, is of good moral character, and excepting the states which do not license the practice of barbering, in which cases the board shall exercise its discretion in the granting of reciprocity, that the requirements for registration of license of a barber in the District of Columbia, any other state, territory or country, were at the time of such previous registration of licensing, substantially equal to the requirements then in force in this state. Out of state licenses are not valid in this state. All barbers must be licensed by the state of Ohio.

R.C. 119.032 review dates: 04/02/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 4709.05, 4709.08
Rule Amplifies: 4709.08, 4709.12
Prior Effective Dates: 10/23/92, 08/09/02

4709-5-02 Fee schedule.

(A) The board shall charge and collect the following fees:

(1) For the application to take the barber examination, ninety dollars;

(2) For an application to retake any part of the barber examination, forty-five dollars;

(3) For the initial issuance of a license to practice as a barber, thirty dollars;

(4) For the biennial renewal of the license to practice as a barber, one hundred ten dollars;

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

(6) For the issuance of a duplicate barber or shop license, forty-five dollars;

(7) For the inspection of a new barber shop, change of ownership or re-opening of premises or facilities formerly operated as a barber shop, and issuance of a shop license, one hundred ten dollars;

(8) For the biennial renewal of a barber shop license, seventy-five dollars;

(9) For the restoration of a barber shop license, one hundred ten dollars;

(10) For each inspection of premises for location of a new barber school, or each inspection of premises for relocation of a currently licensed barber school, seven hundred fifty dollars;

(11) For the initial barber school license, one thousand dollars, and one thousand dollars for the renewal of the license;

(12) For the restoration of a barber school license, one thousand dollars;

(13) For the issuance of a student registration, forty dollars;

(14) For the examination and issuance of a biennial teacher license, one hundred eighty five dollars;

(15) For the renewal of a biennial teacher license, one hundred fifty dollars;

(16) For the restoration of an expired teacher license, two hundred and twenty-five dollars, and sixty dollars for each lapsed year, provided that the total fee shall not exceed four hundred fifty dollars;

(17) For the issuance of a barber license by reciprocity pursuant to section 4709.08 of the Revised Code, three hundred dollars; and

(18) Upon written request from an applicant and the payment of a fee of forty dollars, the board shall provide the applicant with the licensure information for the applicant making the request.

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

Effective: 11/02/2007
R.C. 119.032 review dates: 06/22/2007 and 11/02/2012
Promulgated Under: 119.03
Statutory Authority: RC 4709.12
Rule Amplifies: RC 4709.12
Prior Effective Dates: 10/23/1992; 8/9/2002

4709-5-03 License issued.

Upon payment of the required fee, every applicant who passes an examination, conducted by the board to determine his/her fitness in the practice of his occupation, shall receive from the board a license to engage in the practice of barbering up to and including the thirty-first day of August of the next even numbered year following the date of issue.

Every license issued by the board shall specify the occupation which said license entitles the holder to practice.

R.C. 119.032 review dates: 04/02/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 4709.05
Rule Amplifies: 4709.07, 4709.12
Prior Effective Dates: 10/23/92, 8/09/2002

4709-5-04 Restoration of license.

(A) Any licensed barber who allows his/her license to lapse may have his/her license restored within two years of the date of expiration only upon payment of all lapsed renewal fees.

(B) No barber who held a license which has lapsed for more than six years, may have his/her license restored without first passing an examination as provided in section 4709.11 of the Revised Code and paying all restoration fees.

Effective: 09/30/2013
R.C. 119.032 review dates: 07/02/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 4709.05
Rule Amplifies: 4709.11, 4709.12
Prior Effective Dates: 10/23/92, 08/09/02

4709-5-05 Renewal of license.

Every licensee, as provided in sections 4709.07 to 4709.10 of the Revised Code, shall biennially renew his/her license by the thirty-first day of August of each even numbered year with the board upon payment of the required fee pursuant to rule 4709-5-02 of the Administrative Code and the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code, every licenses which has not been renewed in any even numbered year by the thirty-first day of August shall be considered as expired.

R.C. 119.032 review dates: 04/02/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 4709.05, 4709.07, 4709.08, 4709.09, 4709.10
Rule Amplifies: 4709.11, 4709.12
Prior Effective Dates: 10/23/1992, 08/09/2002

4709-5-06 Examination for licensure.

(A) Form of examinations

(1) The board shall hold regular meetings at the times and places as it determines for the purpose of conducting the examinations required under Chapter 4709. of the Revised Code.

(B) Barber examination and subjects:

(1) The examination for an applicant for a barber's license shall consist of a practical demonstration and a written examination.

(2) The practical examination shall relate only to barbering and shall require the applicant to demonstrate that he/she has a knowledge of and competence in, as a minimum the following subjects:

(a) Haircutting

(b) Shaving

(c) Hair styling

(d) Shampooing the hair

(e) Facials

(f) Scalp massage

(3) The written examination shall relate only to barbering and shall, as a minimum, address the following subjects:

(a) Personal hygiene

(b) Sanitizing

(c) Skin and hair structure

(d) Use of barbering instruments

(e) Use of chemicals

(C) Teachers examination and subjects

(1) The examination for an applicant for a barber teacher license shall consist of a graded demonstration of competency in teaching techniques and a written examination.

(2) The demonstration of teaching techniques shall consist of the applicant demonstrating his/her ability to present a typical subject taught in an barber school in a simulated classroom environment. The subject of the presentation shall be designated by the board at the time of the examination.

(3) The written examination for the teacher's license shall as a minimum, address the following subjects:

(a) Principles of education

(b) Teaching principles

(c) Student learning principles

(d) Lesson planning

(e) Teaching aids

(f) Testing

(g) Classroom problems

R.C. 119.032 review dates: 04/02/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 4709.05, 4709.07
Rule Amplifies: 4709.07, 4709.12
Prior Effective Dates: 10/23/1992, 08/09/2002

4709-5-07 Continuing education.

(A) As a condition precedent to the renewal of a license, the board may prescribe continuing education requirements on a licensee as it deems necessary to preserve the health, safety, or welfare of the public. Any such requirement placed upon a licensee shall consist of not more than eight clock hours of instruction in the subjects specified by the board.

(B) A certificate of attendance of any board prescribed continuing education requirement shall be submitted by the licensee with his next application for license renewal. Such certificate shall include the following information:

(1) Name and address of the facility providing the continuing education program;

(2) Subject(s) of the education program;

(3) Number of clock hours in attendance;

(4) Dates instruction provided;

(5) Signature of an authorized official providing the continuing education program.

(C) The board may refuse to renew any license required by Chapter 4709. of the Revised Code for failure to comply with any continuing education requirements prescribed by the board pursuant to division (J) of section 4709.04 of the Revised Code.

Effective: 07/20/2013
R.C. 119.032 review dates: 04/01/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 4709.05
Rule Amplifies: 4709.04
Prior Effective Dates: 10/23/1992, 08/09/2002

4709-5-08 Registered sex offender.

(A) The barber board may refuse to issue or renew, or may revoke any license issued pursuant to Chapter 4709. of the Revised Code, where the applicant or licensee has been adjudicated a sexual offender and is required to register pursuant to Chapter 2950. of the Revised Code or any similar statutes or ordinances , and either of the following apply:

(1) The licensee has been adjudicated a tier I sex offender under the Chapter 2950. of the Revised Code or any similar statutes or ordinances, on or after January 1, 2008, or

(2) The licensee as been adjudicated a sexually oriented offender under the former version of the Chapter 2950. of the Revised Code before January 1, 2008.

(B) The barber board shall refuse to issue or renew, or shall revoke any license issued pursuant to Chapter 4709. of the Revised Code, where the applicant or licensee is required to register pursuant to Chapter 2950. of the Revised Code or any similar statutes or ordinances, and any of the following apply:

(1) The licensee has been adjudicated a tier II sex offender under Chapter 2950. of the Revised Code or any similar statutes or ordinances on or before January 1, 2008,

(2) The licensee has been adjudicated a tier III sex offender under Chapter 2950. of the Revised Code or any similar statutes or ordinances on or before January 1, 2008,

(3) The licensee as been adjudicated a habitual sexual offender under the former version of the Chapter 2950. of the Revised Code before January 1, 2008, or

(4) The licensee as been adjudicated a sexual predator under the former version of the Chapter 2950. of the Revised Code before January 1, 2008.

R.C. 119.032 review dates: 04/02/2013 and 04/01/2018
Promulgated Under: 119.03
Statutory Authority: 4709
Rule Amplifies: 4709
Prior Effective Dates: 10/17/2005

4709-5-09 Consideration of Military Experience, Education, Training and Term of Service.

(A) Eligibility for licensure. In accordance with section 5903. of the Ohio Revised Code, the board has determined that there are no military programs of training, military specialties and lengths of service that are substantially equivalent to or which exceed the educational and supervised training requirements for licensure as a barber.

(B) Definitions related to military service and veteran status.

(1) "Armed Forces" means the armed forces of the United State including the army, navy, air force, marine corps, coast guard, or any reserve components of those forces; the national guard of any state; the commissioned corps of the United States public health service; the merchant marine service during wartime; such other service as may be designated by congress; or the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.

(2) "Member" means any person who is serving in the armed forces.

(3) "Military" in accordance with division (A) of section 5903.03 of the Ohio Revised Code, means the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state.

(4) "Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, and who has been discharged under honorable conditions as evidenced on the individual's DD-214 form, or who has been transferred to the reserve.

(C) Application process.

(1) All applications for initial licensure as a barber shall be submitted to the board on a form designated by the board.

(2) Each application will indicate if the applicant is a member, veteran or spouse of a member or a spouse of a veteran. Applications indicating that the applicant is a member or a veteran or a spouse of a member or veteran will be processed with priority status.

(3) Application shall be:

(a) Accompanied by the non-refundable fee in a form established by the board; and

(b) Accompanied by such evidence, statements, or documents as specified on the application form; and

(c) The licensee or licensee's spouse meets the requirements for licensure as set forth in section 4709.07 of the Ohio Revised Code and rules 4709-5-03 of the Ohio Administrative Code.

(4) In the course of processing and considering a license application pursuant to section 4709.07 of the Revised Code, the board shall consider military education, training and experience as elements that may assist an applicant or applicant's spouse in qualifying for a license to the extent the board is authorized to do so by statute, rule or executive directive.

(5) In addition to the requirements of this rule and in accordance with O.R.C. 4709, if any applicant for licensure as a barber indicates they have a felony shall submit to a criminal records check completed by the bureau of criminal identification and investigation.

(D) License Renewal.

(1) In accordance with section 5903.10 of the Revised Code, a licensee or licensee's spouse whose license expired due to the licensee's service in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state, shall be eligible for renewal of the expired license in accordance with section 4709.11 of the Revised Code and rules 4709-5-05 of the Ohio Administrative Code, if the following conditions are met:

(a) The licensee presents the board with satisfactory evidence that, not more than twelve months prior to the date the evidence is submitted to the board, the licensee was honorably discharged or separated under honorable conditions; and

(b) The veteran is not disqualified because of a mental or physical disability which would preclude the veteran from meeting the license requirements; and

(c) The Licensee meets the requirements for license renewal as set forth in section 4709.11 of the Ohio Revised Code and rule 4709-5-05 of the Administrative Code. In the event where continuing education becomes a part of license renewal the Board shall extend the time allotted to fulfill and/or waive the requirements for active duty and honorably discharged or separated under honorable conditions service members and/or spouse..

(2) The provisions of division (B) of this rule also apply if the licensee's spouse served in the armed forces of the United States or a reserve component of the armed forces of the United States, including the Ohio national guard or the national guard of any other state and the spouse's service resulted in the licensee's absence from the state.

(3) A holder of an expired license to practice as a barber shall be granted a renewal of the license by the board at the usual cost without penalty and without examination if not otherwise disqualified because of mental or physical disability and if either of the following applies:

(a) The license was not renewed because of the holder's service in the armed forces; or,

(b) The license was not renewed because the holder's spouse served in the armed forces or a reserve component of the armed forces and the service resulted in the holder's absence from this state.

(E) An active military service member or veteran who does not directly meet the requirements of section 4709.07 of the Revised Code may submit any documentation, evidence, statement or endorsement that may be available or produced for the board's consideration.

Effective: 8/24/2015
Five Year Review (FYR) Dates: 08/24/2020
Promulgated Under: 119.03
Statutory Authority: 4709.05
Rule Amplifies: 4709.11, 4709.12