Title 25, Professions And Occupations

§437B-9 Fees: application; biennial renewals; license; restoration. (a) The fees for each application, original biennial license, and renewal for the motor vehicle repair dealer and the motor vehicle mechanic shall be as provided in rules adopted by the department pursuant to cha…

[§437D-1] Short title. This chapter shall be known and may be cited as the "Motor Vehicle Rental Industry Act". [L 1988, c 251, pt of §2]

§437D-10 Pamphleting requirements. Before the execution of a rental agreement, each lessor who offers a damage waiver option to a lessee shall provide to the lessee a pamphlet, written in plain language, that includes all of the information described in section 437D-5(a)(1) throu…

[§437D-11] Acknowledgment by lessee. No lessor shall rent a motor vehicle to a lessee until the lessee has acknowledged that the lessee understands the information described in section 437D-5(a)(1), (2), (3), (5), and (6), and that restrictions or conditions apply. The acknowledg…

[§437D-12] Deposit or advance charge prohibited; payment for damages to rental motor vehicle. No lessor shall require a deposit or an advance charge against the credit card of a lessee, in any form, for damages to a vehicle which is in the lessee's possession, custody, or control…

§437D-13 Notice and posting required concerning motor vehicle laws. Every lessor shall display at all times a sign or signs in a conspicuous place in the main rental area of all rental locations, written in plain language and in no less than ten-point type, that informs the lesse…

§437D-14 Fuel charges. (a) Except as provided in this section, refueling charges are prohibited. (b) Upon the lessee's return of the vehicle, if the amount of fuel remaining in the vehicle is less than the amount originally provided by the lessor, the lessor may charge the lessee…

§437D-15 Unfair trade practices. Each lessor, and each officer, employee, agent, and other representative thereof, is prohibited from engaging in any practice constituting a violation of chapter 480. The following shall be per se violations of section 480-2:

§437D-16 Application of insurance laws. None of the provisions of this chapter shall apply to the issuance of collision insurance underwritten by an insurer authorized to transact property and casualty business in this State; provided that the insurer is not a lessor as defined i…

[§437D-17] Exceptions to posting requirements. The posting requirements of sections 437D-9 and 437D-13 shall not apply to a lessor who is a party to a commercial lease which prohibits all posting and which is in force on January 1, 1989. [L 1988, c 251, pt of §2]

§437D-17.5 Rental agreements; unpaid traffic infractions. Pursuant to section 291D-3.5, or other sections of the law and except for summons, citations, or violations relating to the care and maintenance of a rental motor vehicle, the lessor, as the registered owner of the rental …

[§437D-18] Power and duties of the director. The director shall have the power and duty to adopt, amend, and repeal rules in accordance with chapter 91 to carry out the purposes of this chapter and to do all things necessary to carry out the functions, powers, and duties set fort…

§437D-19 Civil penalties. Any person who violates or attempts to violate any provision of this chapter shall be deemed to have engaged in an unfair and deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2. [L 1988, c 251, pt of §2; am …

[§437D-2] Scope. This chapter shall apply to all persons in the business of leasing rental motor vehicles in this State. [L 1988, c 251, pt of §2]

§437D-3 Definitions. As used in this chapter: "Advertisement" means any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. "Advertisement" does not include telephonic communications. "Damage waiver" means…

§437D-4 Rental agreements; delivery to director. No lessor shall offer a rental agreement or damage waiver unless a specimen of the rental agreement or damage waiver is delivered to the director prior to its use. [L 1988, c 251, pt of §2; am L 2009, c 148, §2]

§437D-5 Rental agreements; damage waivers. (a) Each rental agreement that contains a damage waiver shall disclose, at a minimum, in plain language and in at least ten-point boldface type, the following information: (b) The rental agreement shall not contain an unreasonable restri…

§437D-5.5 Offers or sales of collision insurance by lessors or limited line motor vehicle rental company producers. (a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or sale of collision insurance b…

§437D-6 Additional mandatory charges prohibited. The daily and periodic rental cost to the lessee shall include the amount of each charge which is required as a condition to the rental other than those charges provided for in section 437D-8.4. The lessor shall disclose as part of…

§437D-7 Rate disclosure requirements; advertising. (a) Each lessor, and each officer, employee, agency, or other representative of the lessor, who states or permits to be stated the rental cost of a rental motor vehicle in any advertisement, shall state conspicuously, in plain la…

§437D-8 Rate disclosure requirements; oral or written statements. Each lessor, and each officer, employee, agent, or other representative of the lessor, who makes any oral statement, excluding telephonic communications, or written statement of the rental cost of a vehicle, shall …

§437D-8.4 License and registration fees. (a) [Repeal and reenactment on December 31, 2030. L Sp 2017, c 1, §6.] Notwithstanding any law to the contrary, a lessor may visibly pass on to a lessee: (b) A representation by the lessor to the lessee which states that the visible pass o…

§437D-8.5 Commissions. (a) No lessor or officer, employee, agent, or other representative of the lessor shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfair or deceptive act or practic…

§437D-8.6 Damage waiver statistics. Lessors shall maintain records of the sale of damage waivers in a given year and amounts expended to repair damage to rental vehicles caused while the vehicles are subject to the damage waiver. Lessors shall maintain all records reflecting thes…

§437D-9 Posting requirements. Except as provided in section 437D-17, each lessor who offers the damage waiver shall conspicuously display at the rental area of each rental location a notice, in plain language and printing, that includes all of the information in section 437D-5(a)…

[§439A-1] Short title. This chapter may be cited as the Barbering and Cosmetology Licensing Act. [L 2022, c 73, pt of §1]

[§439A-10] Barber shops and beauty shops. (a) An applicant for a barber shop or beauty shop license shall: (b) Barber apprentices and beauty apprentices training in a barber shop or beauty shop shall be compensated in accordance with chapter 387. (c) Any transfer of ownership of …

[§439A-11] Beauty schools. (a) Any person may apply to the board for a license as a beauty school upon the payment of application and license fees. (b) No beauty school shall be granted a license unless the beauty school employs and maintains a sufficient number of beauty instruc…

[§439A-12] Display of licenses or permits. The license of a barber, beauty operator, beauty instructor, barber shop, beauty shop, or beauty school, and the permit of a barber apprentice, beauty apprentice, or temporary permittee, shall be conspicuously displayed in the place of b…

[§439A-13] Fees; compliance resolution fund. All fees required by this chapter shall be as provided in rules adopted by the director pursuant to chapter 91 and shall be deposited with the director to the credit of the compliance resolution fund established pursuant to section 26-…

[§439A-14] Renewal of licenses. (a) The holder of a barber, beauty operator, beauty instructor, barber shop, or beauty shop license issued by the board shall biennially, on or before December 31 of each odd-numbered year, renew the license and pay the renewal fee. (b) The holder …

[§439A-15] Citation for licensee or permittee violations; fines. (a) In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a barber, beauty operator, beauty instructor, barber shop, beauty shop, or beauty school …

[§439A-16] Refusal to grant license or permit; suspension and revocation of licenses or permits. (a) In addition to any other actions authorized by law, the board may take disciplinary action against any license or permit issued under this chapter, including but not limited to su…

[§439A-16.5] Revocation of license or denial of application to renew, restore, or reinstate a license based on conviction requiring registration as a sex offender; conditions. (a) Notwithstanding any law to the contrary, the board shall automatically revoke a license or deny an a…

[§439A-17] Appeal from actions of the board; hearing. (a) An appeal may be taken from a final action of the board suspending or revoking a license, apprentice permit, or temporary permit for the causes pursuant to section 439A-16 to the circuit court of the circuit in which the p…

[§439A-18] Board to aid prosecution. The board shall aid prosecuting officers in the prosecution of persons charged with violations of this chapter. [L 2022, c 73, pt of §1]

[§439A-19] Right of injunction. The department may, in addition to any other remedies available, apply to a court having competent jurisdiction for an injunction to restrain any violation of this chapter. [L 2022, c 73, pt of §1]

[§439A-2] Definitions. As used in this chapter: "Adequate sanitary facilities" means toilets located in properly ventilated rooms with doors, hot and cold running water, sinks or wash basins, and other requirements as may be prescribed by rule of the board. "Apprentice permit" me…

[§439A-20] Cumulative remedies. Unless otherwise expressly provided, the remedies or penalties provided by this chapter shall be cumulative to each other and to the remedies or penalties available under all other laws of the State. [L 2022, c 73, pt of §1]

[§439A-3] License or permit required. (a) No person shall for commercial purposes practice as a barber apprentice, beauty apprentice, barber, beauty operator, or beauty instructor; operate a barber shop, beauty shop, or beauty school; or announce or advertise as being prepared or…

[§439A-4] Board of barbering and cosmetology. (a) There is established the board of barbering and cosmetology placed within the department pursuant to section 26-9. The board shall consist of seven members who shall be appointed and may be removed by the governor pursuant to sect…

[§439A-5] Powers and duties of the board. (a) In addition to any other powers and duties authorized by law, the board shall have all the powers necessary to effectuate the purpose of this chapter, including the power to: (b) The board may require the attendance of witnesses and t…

[§439A-6] Applications; requisites for admission to examination. (a) Each person who desires to practice as a barber apprentice, beauty apprentice, barber, beauty operator, or beauty instructor shall: (b) A barber apprentice or beauty apprentice applicant shall provide proof that…

[§439A-7] Apprentice permits. (a) A barber apprentice or beauty apprentice shall obtain an apprentice permit before beginning apprenticeship training. (b) There shall be a ratio of not more than one apprentice to one barber or beauty operator in any shop. (c) Apprentices shall ha…

[§439A-8] Examination. (a) The board shall contract with a professional testing service to have the testing service provide examinations for applicants as required for the purposes of this chapter. (b) The professional testing service shall administer the examination approved by …

[§439A-9] Temporary permits. (a) The board may issue a temporary permit to an applicant approved for examination. A temporary permit may be issued upon application for examination and payment of the required fees. The temporary permit shall allow the applicant to engage in the pr…