Okla. Stat. tit. 59 § 199.3

Current through Laws 2024, c. 453.

Section 199.3 - [Effective 11/1/2024] Powers of Board

A. In order to safeguard and protect the health and general welfare of the people of this state, the State Board of Cosmetology and Barbering is hereby vested with the powers and duties necessary and proper to enable it to fully and effectively carry out the provisions of the Oklahoma Cosmetology and Barbering Act.

B. The Board shall have the powers and duties to:

1. Promulgate rules pursuant to the Administrative Procedures Act relating to standards of sanitation which must be observed and practiced by all cosmetology and barber establishments, cosmetology or barber schools, master cosmetology instructors, master barber instructors, barbers, apprentices, students, and board licensees. The Board shall furnish copies of the rules to the owner or manager of each cosmetology school, barber school and cosmetology and barber establishment operating in this state. It shall be the duty of each owner or manager to post a copy of the rules in a conspicuous place in each of the establishments or schools;

2. Conduct examinations of applicants for certificates of registration as manicurists, cosmetologists, facial operators, manicurist/nail technician instructor, facial/esthetics instructor, master cosmetology instructor, barber, or barber instructor at such times and places determined by the Board. Applications for all examinations shall be made on forms approved by the Board;

3. Keep a record of all its proceedings. The Board shall keep a record of all applicants for certificates, licenses and permits, showing the name of the applicant, the name and location of the place of occupation or business, if any, and the residence address of the applicant, and whether the applicant was granted or refused a certificate, license or permit. The records of the Board shall be valid and sufficient evidence of matters contained therein, shall constitute public records. Records shall be open to public inspection at all reasonable times and subject to the Oklahoma Open Records Act. Notwithstanding any other provision of law to the contrary, records and information obtained in connection with an investigation of alleged violations, including complaints, identity of a complainant, investigative reports, and documentation or images generated or received during the course of an investigation, shall be confidential and shall not be subject to disclosure;

4. Issue all certificates of registration, licenses, permits, notices and orders;

5. Establish limited specialty licenses and certificates for facial/esthetics instructor, eyelash extension instructor, manicurist/nail technician instructor, master barber instructor, or master cosmetology instructor within the practice of cosmetology or barbering. The Board shall also promulgate rules for special licenses, including but not limited to reduced curriculum requirements, as the Board may deem appropriate and necessary to further the purposes of the Oklahoma Cosmetology and Barbering Act; provided, that the rules promulgated for specialty licenses shall not require training or testing not required in this act;

6. Make regular inspections of all cosmetology and barber schools and cosmetology and barber establishments operating in this state, and reports thereof shall be kept and maintained in the office of the Board;

7. Make investigations and reports on all violations of the Oklahoma Cosmetology and Barbering Act;

8. Take samples of beauty supplies for the purpose of chemical analysis; provided, that if the owner demands payment for the sample taken, payment at the regular retail price shall be made;

9. Refuse, revoke, or suspend licenses, certificates of registration or permits after notice and an opportunity for a full hearing, pursuant to Article II of the Administrative Procedures Act, on proof of violation of any of these provisions or the rules established by the Board;

10. Enter into any contracts necessary to implement or enforce the provisions of the Oklahoma Cosmetology and Barbering Act or rules promulgated thereto; and

11. Apply to a court of competent jurisdiction for an order enjoining an unlicensed person from practicing cosmetology or barbering or holding himself or herself out as a practitioner of cosmetology or barbering. Injunctive relief granted by the court shall be without bond.

1. Any person whose license, certificate of registration, or permit has been suspended or revoked may, after the expiration of thirty (30) days, make application to the Board for reinstatement thereof.

2. Reinstatement of any such license, certificate of registration, or permit shall rest in the sound discretion of the Board.

3. Any action of the Board in refusing, revoking, or suspending a license, certificate of registration, or permit may be appealed to the district court of the county of the appellant's residence pursuant to the Administrative Procedures Act.

1. In any case where a licensee becomes a member of the Armed Forces of the United States, such license shall not lapse by reason thereof but shall be considered and held in full force and effect without further payment of license fees during the period of service in the Armed Forces of the United States and for six (6) months after honorable release therefrom. At any time within six (6) months after honorable release from the Armed Forces of the United States the licensee may resume practice pursuant to a license without other or further examination by notifying the Board in writing.

2. The period of time in which the licensee shall have been a member of the Armed Forces of the United States shall not be computed in arriving at the amount of fee or fees due or to become due by such licensee.

Okla. Stat. tit. 59, § 199.3

Amended by Laws 2024, c. 282,s. 2, eff. 11/1/2024.

Amended by Laws 2018 , c. 62, s. 2, eff. 11/1/2018.

Amended by Laws 2014 , c. 260, s. 3, eff. 11/1/2014.

Amended by Laws 2013 , c. 229, s. 87, eff. 11/1/2013.

Added by Laws 1949, HB 129, p. 391, § 3, emerg. eff. 6/6/1949; Amended by Laws 1951, SB 158, p. 163, § 2, emerg. eff. 5/26/1951; Amended by Laws 1968, HB 1237, c. 313, §3, emerg. eff. 5/7/1968; Amended by Laws 1978, HB 1189, c. 215, § 1; Amended by Laws 1985, HB 1134, c. 77, §2, emerg. eff. 7/1/1985; Amended by Laws 1994, SB 1010, c. 135, §2, eff. 9/1/1994; Amended by Laws 2000 , SB 513, c. 355, §4, emerg. eff. 7/1/2000; Amended by Laws 2003 , HB 1150, c. 56, §1, eff. 8/29/2003.

This section is set out more than once due to postponed, multiple, or conflicting amendments.