Title 32, Title 32

1. Benefits. The following provisions govern the provision of benefits by employee leasing companies to their employees. A. A registered employee leasing company qualifies as an "other group" within the meaning of Title 24‑A, sections 2612‑A and 2808 for purposes of procurement o…

Nothing in this chapter exempts a client company of an employee leasing company nor an employee leased to the client company by the employee leasing company from any other state, local or federal license or registration requirements. Any individual who must be licensed, registere…

An organization registered under this chapter may not directly or indirectly refer to that registration in any advertisements, marketing materials or publications.

1. Injunction. The State may seek to enjoin any person or employee leasing company from violating this chapter. 2. Penalty. The following penalties apply to violations of this chapter. A. A person or employee leasing company that violates this chapter is subject to a fine of $100…

The superintendent may adopt rules to administer the provisions of this chapter for the protection of client companies, including rules regarding the ability of the Bureau of Consumer Credit Protection to receive and respond to complaints. Rules adopted pursuant to this section a…

This chapter may be known and cited as the "Barbering and Cosmetology Licensure Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 397, §6 (NEW).] 1. Apprentice. 2. Board. 3. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. 3-A. Demonstrat…

1. Exemptions. The prohibitions and penalties of this chapter do not apply to the following persons when acting within the scope of their profession or occupation: A. Persons authorized by law of this State to practice medicine and surgery and persons under the supervision and co…

A person may not instruct in any of the branches of aesthetics, barber hair styling, cosmetology, hair design or nail technology unless that person holds a valid license to practice and is authorized to instruct in each respective practice issued under this chapter, except that w…

1. Penalties. A person is subject to the provisions of section 14236‑A and Title 10, section 8003, subsection 5‑A if that person: A. Practices barber hair styling, cosmetology, hair design, nail technology or aesthetics in this State without having obtained a license as provided …

1. Duties. The director shall administer, coordinate and enforce this chapter. The director may appoint an advisory committee to assist the director on any matter that may arise under this chapter, as needed. 2. Rule-making authority. The director shall establish guidelines and a…

1. Practice; license required. A person may not practice cosmetology, barber hair styling, hair design, nail technology or aesthetics or act as a trainee in this State unless that person has first obtained a license as provided in this chapter. 2. Level 1 establishment license an…

The director may, subject to section 14212‑A, subsection 2, adopt rules authorizing the issuance of special mobile establishment licenses, including requirements for mobile establishments, locations for these establishments and any other rules that the director considers necessar…

A person is eligible to obtain a license under this chapter for the practice of cosmetology if that person: [PL 1991, c. 397, §6 (NEW).] 1. Age. 2. Education. 3. Training. Has satisfactorily completed a course of instruction in cosmetology of 1,500 hours in not less than 9 months…

A person is eligible to obtain a license under this chapter for the practice of hair design if that person: [PL 2019, c. 373, §29 (NEW).] 1. Training. Has satisfactorily completed a course of instruction in the practice of hair design of 1,200 hours in not less than 7 months in a…

A person is eligible to obtain a license under this chapter for the practice of barber hair styling if that person: [PL 2019, c. 373, §31 (AMD).] 1. Age. 2. Education. 3. Training. Has satisfactorily completed a course of instruction in the practice of barber hair styling of 800 …

A person is eligible to obtain a license under this chapter for the practice of aesthetics if that person: [PL 1991, c. 397, §6 (NEW).] 1. Age. 2. Education. 3. Training. Has satisfactorily completed a course of instruction in aesthetics of 600 hours in not less than 3 months in …

A person is eligible to obtain a license under this chapter for the practice of nail technology if that person: [PL 2011, c. 286, Pt. M, §22 (AMD).] 1. Age. 2. Education. 3. Training. Has satisfactorily completed a course of instruction in nail technology of 200 hours in not less…

Within one year of notification of passing an examination, the applicant must pay a fee as set under section 14238 to receive an initial license; otherwise, the applicant must retake the full examination to apply for initial licensure. The initial license is valid until the next …

If an applicant to practice cosmetology, barber hair styling, hair design, nail technology or aesthetics qualifies for examination, the director may issue a temporary license to practice under the direct supervision of a qualified supervisor, as determined by rules, within a lice…

The director may issue a license to any applicant who presents proof of being licensed to practice by another state or other jurisdiction of the United States as long as no cause exists for denial of a license under section 14236‑A. The director may grant a license to any applica…

Notwithstanding any provision of this chapter to the contrary, the director, in accordance with Title 10, section 8003-H and any applicable rules adopted pursuant to that section, shall establish a process to issue a license by endorsement for each license authorized under this c…

1. License. Each trainee must submit an application for licensure to the director. The application must be accompanied by a fee as set under section 14238 and meet requirements as specified in rule. A trainee license may be renewed no more than 2 times and is subject to fees in a…

Schools licensed by the director shall maintain and submit a roster of student enrollment and attrition in accordance with rules adopted by the director. [PL 2011, c. 286, Pt. M, §27 (AMD).] To be eligible for enrollment, the student must be at least 16 years of age. Schools may …

Licensees must renew their licenses by filing an application and paying the renewal fee as set under section 14238. The expiration dates for licenses issued under this chapter may be established by the commissioner. [PL 2019, c. 373, §42 (AMD).] A license may be renewed up to 90 …

An applicant for initial licensure must submit an application together with the fee set under section 14238 and meet the requirements set forth under this chapter.

1. Disciplinary action. In addition to the grounds enumerated in Title 10, section 8003, subsection 5‑A, paragraph A, the director or the director's designee may deny a license, refuse to renew a license under this chapter or impose the disciplinary sanctions authorized by Title …

The Director of the Office of Professional and Occupational Regulation within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for licensure of a sc…

1. Requirement of license. Any person, partnership, association or corporation located either within or outside the State must obtain a license as specified under section 14246 before: A. Operating, maintaining or instructing at a school within the State; or [PL 2007, c. 402, Pt.…

1. Application requirements; licensing; bonding and revocation of license. The application for a license required by this subchapter must be accompanied by an application fee as set under section 14238 and a surety bond. For applicants that participate in state or federal financi…

The director may conduct biennial on-site evaluations of schools to ensure compliance with this subchapter and applicable rules. The expense of the on-site evaluation must be borne by the school examined.

The director may investigate complaints involving a school including any allegation of noncompliance with or violation of this subchapter and applicable rules. The director shall promptly notify the Finance Authority of Maine of any complaints involving student financial assistan…

The State may bring an action in Superior Court to enjoin any person from violating this subchapter or rules adopted under this subchapter regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be in…

In addition to other powers or remedies under this subchapter, the State may bring one or more actions in any state or federal court having jurisdiction on behalf of students harmed by fraud, misrepresentation, violation of this subchapter or applicable rules. The Finance Authori…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 403, §1 (NEW).] 1. Commissioner. "Commissioner" means Commissioner of Professional and Financial Regulation. 2. Department. "Department" means Department…

The commissioner or the commissioner's designee has the following powers and duties in addition to all other powers and duties set forth in this chapter. [PL 1991, c. 403, §1 (NEW).] 1. Standards. The commissioner shall administer and enforce this chapter. 2. Rules. The commissio…

1. License required. Beginning on the effective date of this section, a person may not, unless specifically exempted by this chapter, claim to be a massage therapist or a massage practitioner unless licensed in accordance with this chapter. 2. Individual licensing. Only an indivi…

Each applicant for licensure must demonstrate competence to engage in the practice of massage therapy in a manner that safeguards the interests of the public. [PL 1997, c. 681, §7 (NEW).] 1. Requirements. The following requirements are considered minimum evidence satisfactory to …

1. Renewal. A license renewal fee as set under section 14306‑G must be paid by the licensee. Licenses issued under this chapter expire annually on their anniversary date or as otherwise provided by the commissioner. Any license not renewed by its date of expiration automatically …

The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, …

Notwithstanding any provision of this chapter to the contrary, the commissioner, in accordance with Title 10, section 8003‑H and any applicable rules adopted pursuant to that section, shall establish a process to issue a license by endorsement for each license authorized under th…

1. Other professionals. This chapter does not apply to the activities or services of members of other professions licensed, certified or registered by the State, including, but not limited to, physicians, chiropractors, physical therapists, cosmetologists or registered nurses per…

In addition to the grounds enumerated in Title 10, section 8003, subsection 5‑A, paragraph A, the commissioner may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for: [PL 2007, c. 402, Pt. II, §9…

A person who violates section 14306‑C is subject to the provisions of Title 10, section 8003‑C.

Nothing in this chapter prohibits a municipality from adopting or enforcing an ordinance that regulates massage, massage practitioners or massage therapists. If a municipality adopts such an ordinance, an individual must comply with the provisions of this chapter and any provisio…

The Legislature finds that the practice of athletic training affects the public health, safety and welfare and is subject to regulation in the public interest. The purpose of this chapter is to protect the public from unlicensed persons professing to be "athletic trainers" and fr…