N.J. Admin. Code § 13:28-1.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:28-1.1 - Practicing licenses; application and education requirements; acceptable documentation of credentials; license renewals; reinstatement; inactive status

(a) The following practicing licenses shall be available from the Board:

1. Cosmetology and hairstyling license, which shall authorize the holder to provide the following services:

i. Shaving or trimming of the beard, mustache, or other facial hair;

ii. Shampooing, cutting, arranging, dressing, relaxing, curling, permanent waving, styling of the hair, and all services included in hair braiding, as set forth at (a)6 below;

iii. Singeing, dyeing, tinting, coloring, or bleaching of the hair;

iv. Applying cosmetic preparations, antiseptics, tonics, lotions, creams, or makeup to the hair, scalp, face, or neck;

v. Massaging, cleansing, or stimulating the face, neck, or upper chest and upper back, with or without cosmetic preparations, either by hand, mechanical, or electrical appliances;

vi. Removing superfluous hair from the face, neck, arms, legs, or abdomen by the use of depilatories, waxing, or tweezers, but not by the use of electrolysis;

vii. Manicuring the fingernails, nail-sculpturing, or pedicuring the toenails; and

viii. Cutting, fitting, coloring, or styling of hairpieces or wigs to the extent that the services are being performed while the wig is being worn by a person;

2. Beauty culture license, which shall authorize the holder to provide the following services:

i. Shampooing, cutting, arranging, dressing, relaxing, curling, permanent waving, styling of the hair, and all services included in hair braiding, as set forth at (a)6 below, with the exception of weaving;

ii. Singeing, dyeing, tinting, coloring, or bleaching of the hair;

iii. Applying cosmetic preparations, antiseptics, tonics, lotions, creams, or makeup to the hair, scalp, face, neck, or upper part of the body;

iv. Massaging, cleansing, or stimulating the face, scalp, neck, or upper chest and upper back, with or without cosmetic preparations either by hand, mechanical, or electrical appliances;

v. Removing superfluous hair from the face, neck, arms, legs, or abdomen by the use of depilatories, waxing, or tweezers, but not by the use of electrolysis;

vi. Manicuring the fingernails, nail-sculpturing, or pedicuring the toenails; and

vii. Cutting, fitting, coloring, or styling of hairpieces or wigs to the extent that the services are performed while the wig is being worn by a person;

3. Barbering license, which shall authorize the holder to provide the following services:

i. Shaving or trimming of the beard, mustache, or other facial hair;

ii. Shampooing, cutting, arranging, relaxing, styling of the hair, and all services included in hair braiding, as set forth at (a)6 below, with the exception of weaving;

iii. Singeing, dyeing, tinting, coloring, or bleaching of the hair;

iv. Applying cosmetic preparations, antiseptics, tonics, lotions, or creams to the hair, scalp, face, or neck;

v. Massaging, cleansing, or stimulating the face, neck, or scalp with or without cosmetic preparations, either by hand, mechanical, or electrical appliances; and

vi. Cutting, fitting, coloring, or styling of hairpieces or wigs, to the extent that the services are performed while the wig is being worn by a person;

4. Skin care specialty license, which shall authorize the holder to provide the following services:

i. Applying cosmetic preparations, antiseptics, tonics, lotions, creams, or makeup to the scalp, face, or neck;

ii. Massaging, cleansing, or stimulating the face, neck, or upper chest and upper back, with or without cosmetic preparations, either by hand, mechanical, or electrical appliances; and

iii. Removing superfluous hair from the face, neck, arms, legs, or abdomen by the use of depilatories, waxing, or tweezers, but not by the use of electrolysis;

5. Manicuring license, which shall authorize the holder to provide the following services:

i. Manicuring of the fingernails;

ii. Pedicuring of the toenails;

iii. Nail sculpturing; and

iv. Removing superfluous hair from the face, neck, arms, legs, or abdomen by the use of depilatories, waxing, or tweezers, but not by the use of electrolysis; and

6. Hair braiding license, which shall authorize the holder to provide the following services:

i. Twisting, wrapping, weaving, extending, locking, or braiding of hair by hand or with mechanical devices;

(1) Hair braiding services may include:

(A) The use of natural or synthetic hair extensions or fibers, decorative beads, and other hair accessories;

(B) Minor trimming of natural hair or hair extensions incidental to any twisting, wrapping, weaving, extending, locking, or braiding of hair;

(C) Making wigs from natural hair, natural or synthetic fibers, and hair extensions; and

(D) The use of topical agents in conjunction with performing hair braiding, including conditioners, gels, moisturizers, oils, pomades, and shampoos.

(b) Applications for examination and initial licensure may be procured from the office of the Board or online at https://www.njconsumeraffairs.gov/cos/Pages/default.aspx .

(c) All applications must be accompanied by satisfactory proof of age. The following are deemed to constitute such proof:

1. Birth Certificate or Baptism Certificate;

2. Passport, citizenship papers, immigration certificate or Alien Registration Card;

3. A valid New Jersey driver's license; or

4. Any other document or affidavit which constitutes a valid proof of age.

(d) All applications must be accompanied by proof of satisfactory completion of high school or its equivalent. The following are deemed to constitute such proof:

1. A high school diploma;

2. A certified high school transcript substantiating successful completion of a secondary program; or

3. A transcript or diploma issued after successful passage of the examination developed by the General Educational Development (GED) Testing Service.

(e) Applicants for licensure shall have completed an educational program in cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring, or hair braiding, as appropriate for the practicing license the applicant seeks, consistent with the following:

1. Applicants for licensure who have obtained training at a cosmetology and hairstyling school licensed in New Jersey shall submit an official transcript substantiating that the applicant meets the following requirements:

i. An applicant for licensure as a cosmetologist-hairstylist shall have completed a 1,200-hour course of instruction in cosmetology and hairstyling, consistent with the requirements of 13:28-6.29.

ii. An applicant for licensure as a beautician shall have completed an 1,100-hour course of instruction in beauty culture, consistent with the requirements of 13:28-6.29A.

iii. An applicant for licensure as a barber shall have completed a 900-hour course of instruction in barbering, consistent with the requirements of 13:28-6.29B.

iv. An applicant for licensure as a skin care specialist shall have completed a 600-hour course of instruction in skin care specialty, consistent with the requirements of 13:28-6.34.

v. An applicant for licensure as a manicurist shall have completed a 300-hour course of instruction in manicuring, consistent with the requirements of 13:28-6.33.

vi. An applicant for licensure as a hair braiding specialist who demonstrates at least three years of experience as a hair braider shall have completed a 40-hour course of instruction in hair braiding, consistent with the requirements of N.J.A.C. 13:28-6.35.

(1) To demonstrate three years of experience, an applicant shall submit documents, such as, but not limited to, a Form W-2 from previously or currently held employment where the applicant performed hair braiding services, or a notarized attestation from previous or current employers under whom the applicant performed hair braiding services.

vii. An applicant for licensure as a hair braiding specialist who cannot demonstrate at least three years of experience as a hair braider shall have completed a 50-hour course of instruction in hair braiding, consistent with the requirements of N.J.A.C. 13:28-6.36.

viii. An individual employed to perform only hair braiding services, delineated at (a)6 above, as of October 30, 2019, shall have until January 18, 2022, to obtain licensure as a hair braider.

2. Applicants for licensure who have obtained training in a cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring, or hair braiding program in a public school approved by the State Board of Education to offer such vocational programs, or in other cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring, or hair braiding programs approved by the State Board of Education, shall submit an official transcript verifying completion of such program.

3. Applicants who have obtained training in another state or country shall demonstrate, by way of certification from the licensing authority in the state or country that such training is substantially equivalent to the training offered at cosmetology and hairstyling schools licensed in New Jersey. Applicants holding a license from another state or country who have engaged in the practice of cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring, or hair braiding for at least three years in that state or country, may submit, in lieu of the documentation of training required in this paragraph, a notarized affidavit of work experience and a letter of certification of licensure from the licensing authority in that state or country.

(f) Application for licensure as a teacher must be accompanied by satisfactory proof of the requisite work experience in the form of affidavits from former employers. The required work experience shall consist of a minimum of 30 hours a week working in a licensed shop for six consecutive months. The affidavit shall list the location of the shop and the applicant's job description.

(g) All applications for licensure must be accompanied by the appropriate fee as set forth in 13:28-5.1. Application fees shall be non-refundable. If an applicant for licensure fails to complete the licensure application process within six months from the date of initial application, the Board shall administratively close the application. Following such action, an applicant who wishes to obtain a license shall reapply to the Board and shall comply with all requirements set forth in this section, including repayment of the application fee set forth in N.J.A.C. 13:28-5.1.

(h) The Board shall send a notice of renewal to all licensees at least 60 days prior to the date of license expiration. If the notice to renew is not sent at least 60 days prior to the license expiration date, no monetary penalties or fines shall apply to a licensee for any unlicensed practice during the period following licensure expiration, not to exceed the number of days short of 60 before the renewals were issued.

(i) A licensee shall renew his or her license for a period of two years from the last expiration date. The licensee shall remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:28-5.1, prior to the date of license expiration. A licensee who submits a renewal application within 30 days following the date of license expiration shall submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:28-5.1. A licensee who fails to submit a renewal application within 30 days of license expiration shall have his or her license suspended without a hearing.

(j) A licensee who continues to render services with a suspended license shall be deemed to be engaging in the unauthorized practice of cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring, or hair braiding, as appropriate, and shall be subject to the penalties set forth at N.J.S.A. 45:1-25.

(k) A licensee who has had his or her license suspended pursuant to (h) above, who applies to the Board for reinstatement shall submit a renewal application, all past delinquent renewal fees, the reinstatement fee set forth in 13:28-5.1, and an affidavit of employment listing each job held during the period of license suspension, including the names, addresses, and telephone numbers of each employer. An individual whose license has been suspended for more than five years shall also retake and pass the license examination set forth in 13:28-1.2.

(l) A licensee may, upon application to the Board, choose inactive status. A licensee electing inactive status shall not render cosmetology and hairstyling, beauty culture, barbering, skin care specialty, manicuring services, or hair braiding, as appropriate, for the entire biennial registration period. A licensee on inactive status may resume active practice upon payment of the renewal fee for the current biennial registration period set forth at N.J.A.C. 13:28-5.1.

N.J. Admin. Code § 13:28-1.1

Amended by R.1998 d.285, effective 6/1/1998.
See: 30 N.J.R. 972(a), 30 N.J.R. 2047(a).
Added (g).
Amended by R.2003 d.458, effective 12/1/2003.
See: 35 N.J.R. 2400 (a), 35 N.J.R. 5429(a).
In (c)1, deleted "or the equivalent thereof"; deleted former (g) and added new (g) through (k).
Amended by R.2008 d.350, effective 11/17/2008.
See: 39 N.J.R. 4542(b), 40 N.J.R. 6618(b).
In (c)2, substituted "high school" for "High School"; and rewrote (c)3.
Amended by R.2009 d.169, effective 5/18/2009.
See: 40 N.J.R. 6739(a), 41 N.J.R. 2124(b).
Rewrote the introductory paragraph of (d); in (e), inserted the last two sentences; in (f), inserted the last three sentences; and in (g), substituted "any unlicensed practice during the period following licensure expiration, not to exceed the number of days short of 60 before the renewals were issued" for "failure to renew".
Amended by R.2012 d.169, effective 10/15/2012.
See: 44 N.J.R. 1763(a), 44 N.J.R. 2366(a).
Section was "Applicants for examination for licensure; acceptable documentation of credentials; license renewals; reinstatement; inactive status". Rewrote the section.
Petition for Rulemaking.
See: 47 N.J.R. 2395(c).
Special amendment, R.2019 d.124, effective 10/30/2019 (to expire October 27, 2020).
See: 51 N.J.R. 1779(a).
Rewrote (a); in (b), inserted "and initial licensure" and substituted "or online at https://www.njconsumeraffairs.gov/cos/Pages/default.aspx" for "of Cosmetology and Hairstyling"; in the introductory paragraph of (e), substituted ", manicuring, or hair braiding," for "or manicuring"; in (e)2 and (e)3, substituted ", manicuring, or hair braiding" for "or manicuring"; added (e)1vi; in (j), substituted "manicuring, or hair braiding" for "or manicuring"; in ( l), substituted "manicuring services, or hair braiding" for "or manicuring services"; and in (j) and ( l), substituted "set forth at" for "set forth in".

Amended by 53 N.J.R. 1798(a), effective 10/18/2021