4713-7-09 Out of state license holder applications for Ohio licensees.

The board shall process under the following rules all requests for Ohio licenses to practice a branch of cosmetology from individuals holding valid licenses from other states or with documentation from countries that when translated by a certified translator indicates the individual holds the equivalent of a license.

(A) Because of the relative ease of obtaining hours and the disparity of educational attainment levels across the United State of America, applicants for out of state licensure shall take and pass Ohio's practical, theoretical and manager examinations;

(B) Ohio shall not send reciprocal information for a license transfer in less than one year's time and licensees who obtain their license in the above referenced manner shall not be permitted to transfer their license to any other state within a twelve month period except for licensees who meet the following conditions:

(1) Provide to the board a verified military document of transfer of themselves or of a legal spouse through marriage, or

(2) Applicant must provide written request based on necessity to move to another state including proof of employment intent or relative illness, or

(3) Appear at a meeting of the members of the board and apply for and be granted a waiver to this rule.

(4) The granting of an exception shall be at the discretion of the board and in the best interest of furthering and protecting the profession in Ohio.

(C) Applicants who present false identification or who are caught attempting to test in another person's name shall be subject to discipline by the board including:

(1) Not be allowed to sit for an examination in the state of Ohio for a period of one year from the time of the infraction, and

(2) If the individual proven to have committed a fraudulent act is a licensee then they would forfeit their license for a period of one year for each infraction.

(3) An individual using fraud or deceit in making an application for a license or permit shall be subject to the penalty as set forth in section 4713.99 of the Revised Code.

(D) Any person holding a license from the board and/or a candidate for examination for a license conspiring with a licensee trying to regain a forfeited license or sitting for an examination for a license to take the examination for the licensee or otherwise cheat on the examination shall be disciplined in the same manner as the licensee.

(E) A person found by an administrative hearing and affirmed by an order form the board to have committed fraud shall be referred to the prosecutor of Franklin county, Ohio for criminal prosecution for fraud.

(F) In addition to paragraph (H) of this rule, a licensee proven to have committed a second occurrence of fraud shall be subjected to the following punishment:

(1) A suspension of the license for at least a month or a possible revocation of the license for at least five years, or

(2) An inability to sit for an examination for a cosmetology license in Ohio for a time period set at the discretion of the board.

(G) Rule 4713-07-08 and rule 4713-7-09 of the Administrative Code shall be strictly enforced.

Replaces: 4713-7-09

Effective: 02/28/2014
R.C. 119.032 review dates: 02/28/2019
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.20 , 4713.29 , 4713.34
Prior Effective Dates: 1/26/97, 4/1/00, 1/10/04