New Hampshire Administrative Code

(a) The school shall make available to students textbooks, supplementary instructional materials, and equipment needed to fulfill course requirements. (b) The school shall provide students and teachers with access to current reference materials that may include, but are not limit…

(a) A barber, cosmetology, esthetics, or manicuring shop shall have equipment necessary to safely perform barber, cosmetology, esthetics, or manicuring services. (b) All shampoo services shall be performed in a shampoo sink. Notes N.H. Admin. Code § Bar 302.02 #2613, eff 2-3-84; …

(a) Space allocated for a cosmetology school shall be at least 1,500 square feet, and esthetic, manicuring barbering and master barber school shall be at least 1,000 square feet used exclusively for teaching of cosmetology, esthetics, barbering master barber and/or manicuring. (b…

A licensee wishing to obtain a shop license in accordance with RSA 313-A:19, II, to operate an independently owned booth shall apply for a license in accordance with Bar 301.09(b). The booth shall be located in a shop already licensed in accordance with RSA 313-A:19, I. Notes N.H…

(a) As used in this section, "whirlpool, foot spa, or spa" means any basin using circulating water. (b) Upon change of ownership or relocation of a shop or school, the owner shall notify the board, in writing at least 21 days prior to new ownership or relocation. The new owner or…

(a) Each school shall employ at least one instructor for every 20 apprentices. (b) Each school shall provide or make accessible to each student text books and tools to meet the needs of the curriculum. (c) A school shall ensure that each apprentice wears a lab coat or uniform. (d…

(a) Each licensee shall wash his or her hands immediately before attending to a patron. (b) Shampoo bowls shall be sanitized and disinfected after each use. (c) The licensee shall be responsible for compliance with the following requirements: (1) All non-electrical implements sha…

(a) "Shampoo assistant apprentice" means any person shampooing, rinsing and removing rollers or permanent rods, rinsing treated or untreated hair, and other cleansing or sink-related functions not requiring the skill of a cosmetologist or barber. (b) A shampoo assistant apprentic…

Each practical and written exams shall be held in accordance with RSA 313-A:15. The exams shall be held once a month. The location of exams shall, include but not be limited to, the Courtyard Marriott & Grappone Conference Center in Concord and a school licensed by the board. Not…

(a) The board through a testing agency shall notify applicants of examinations in accordance with RSA 313-A:15. The board's notification sent by the testing company shall be in writing to the applicant at least 10 days prior to the date of the examination. (b) The notification sh…

(a) Written exams shall be the national tests developed by the National Interstate Council and the board. (b) The written exams for barber, master barber, esthetics, manicuring, cosmetology, and instructor shall consist of 100 multiple choice questions for each respective profess…

(a) National written examinations shall be administered by a professional testing company's trained and certified representatives known as proctors or examiners or the board. (b) To become a proctor or examiner the licensee shall provide the board with the following: (1) Proof of…

(a) An oral exam shall be given, in English only, in place of the written examination, if the applicant requests in writing an oral exam from the testing agency or the board. (b) The written request required by (a), above, shall include:(1) The name of applicant; (2) His/her sign…

(a) A practical examination shall be administered in English only and given by trained and certified representatives from the testing agency and the board proctors/examiners as described in Bar 303.04, or the board. (b) The passing grade shall be 75 percent for a barber, master b…

(a) Practical exams shall be the national tests developed by the National Interstate Council to ensure the applicant conforms to the minimal skills taught. (b) Practical examinations shall be as follows:(1) The master barber test shall consist of:a. Regular tapered haircutting; b…

(a) If an applicant fails without just cause, such as medical emergency, death in the family, or automobile accident, to take the examination they were scheduled for, the temporary permit shall terminate as required by RSA 313-A:18. (b) Upon the expiration of a permit the applica…

(a) If an applicant fails the written examination, they shall retake the portion of the written exam failed. If an applicant fails, the practical exam they shall retake the entire practical exam. (b) If an applicant fails the examination, they shall pay the applicable fee(s) to r…

(a) When an applicant passes both the practical and written examinations he or she shall pay the licensure fee in the amount of $30.00 to the board. Once the board has received the fee a barber, cosmetology, esthetician, manicurist, master barber, or instructor license shall be i…

(a) The board shall license any applicant who is similarly licensed in another state pursuant to RSA 313-A:14. (b) Upon the board's receipt of a request from an individual licensed in another state, the board shall send to the requestor an "Individuals Licensed in Another State F…

(a) The board shall approve or deny the application in accordance with Bar 301.02. (b) The board shall approve an application if:(1) The applicant meets the requirements of Bar 304.01(a); (2) The application is completed in accordance with Bar 304.01(c); (3) The applicant submits…

(a) The board shall grant exemptions, pursuant to RSA 313-A:10, II and RSA 313-A:11, II to the individual who: (1) Registered as an apprentice before July 1, 1989; (2) Is at least 21 years of age and who does not meet the educational requirements of RSA 313-A:10, I(b) or RSA 313-…

(a) The board shall send a renewal notice to each licensee at least 60 days prior to the expiration date of the licensee's license. (b) Each licensee wishing to renew their license or apprentice registration shall complete and file with the board as applicable, one of the followi…

(a) The board shall apply the same standards as required by Bar 301.02 for approval or denial of the renewal form. (b) The board shall approve a renewal form and issue a license or apprentice registration if the form is completed in accordance with Bar 401.01 and the licensee or …

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III and Bar 402.03, the board shall impose disciplinary sanctions only: (1) After prior notice and an opportunity to be heard; or (2) Pursuant to an agreed upon settlement or consent decree. (b) Actions cons…

Administrative fines shall be assessed in accordance with the factors stated in Bar 402.01(d) and Bar 404.11(a) and (b). Notes N.H. Admin. Code § Bar 402.02 #5308, eff 1-16-92; amd by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss by #7951-B, eff 9-10…

(a) When the board receives information indicating that a licensee has engaged in dishonesty or misconduct that poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 541-A:30, III, that sets forth the alleged misconduct and immediately suspen…

(a) A licensee may surrender a license at any time. (b) Surrender or nonrenewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee's conduct while the license is still in effect. Such investigations and pro…

When the board receives notice that a licensee has been subjected to suspension or revocation of a license in another jurisdiction without subsequent reinstatement, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be impose…

Notes N.H. Admin. Code § Bar 403.01 #5308, eff 1-16-92; amd by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 701.01); ss by #7555, eff 9-12-01; ss by #9345, eff 12-10-08 Reserved Volume XXXVI Number 23, F…

Notes N.H. Admin. Code § Bar 403.02 #5308, eff 1-16-92; ss by #5425, eff 6-24-92; ss by #6046-b, eff 6-1-95; ss by #6230, eff 4-26-96; ss and moved by #6577, eff 9-13-97 (formerly Bar 702.01); ss by #7555, eff 9-12-01; ss by #9345, eff 12-10-08 Amended by Volume XXXVI Number 14, …

(a) Inspections shall be made in accordance with RSA 313-A:21, upon initial application for a independent operating booth, school, or shop license, upon the relocation of shop or school, whenever necessary to investigate a complaint against a licensee, and to follow up on violati…

A school or shop initial license, including initial licenses required due to relocation, shall be issued upon compliance with Bar 404.01 and completion of an inspection showing compliance with all applicable items on the inspection report. Notes N.H. Admin. Code § Bar 404.02 #530…

(a) When the inspection report for initial licensure for a school or shop shows any deficiencies a license shall not be issued until a follow-up inspection is held which reveals that the license has rectified all deficiencies. (b) Revocation and suspension shall be accomplished i…

(a) Fines shall be imposed upon any licensee who violated the provisions of RSA 313-A. Fines pursuant to Bar 404 shall be imposed for each offense upon the licensee who violates the provision of RSA 313-A or the administrative rules of the board. Fines shall be assessed to the sh…

(a) Upon completion of an inspection, the board shall notify any licensee the board is considering imposing a fine upon with an inspection report described in Bar 404.01, which states the following information: (1) The proposed amount of the fine according to Part Bar 404.08 and …

Prior to a hearing, the person the board is considering imposing a fine upon may request a meeting with a member of the board's staff to discuss the matter. If a meeting is requested, it shall be the responsibility of the person the board is considering imposing a fine upon to co…

If the board has not received a written response within 20 days from the date the licensee signed for the notice, the proposed fine shall become final. Notes N.H. Admin. Code § Bar 404.07 #6577, eff 9-13-97 (formerly Bar 503.04); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, ef…

(a) For each violation of the following, 6 points shall be issued: (1) Does not have the containers pursuant to Bar 302.05(f); (2) If school closes and the licensee did not notify the board pursuant to Bar 302.05(j); (3) If the equipment qualifications described in Bar 302.01(a)-…

(a) For each violation of the following, 3 points shall be issued: (1) Did not have the containers pursuant to Bar 302.05(f); (2) Failure to keep floors, walls, woodwork, ceilings, furniture, furnishing, and fixtures cleaned pursuant to Bar 302.05(h); (3) If a shop closes and the…

Except as provided by Bar 404.12, administrative fines shall be assessed as follows: (a) For 25 or more points, the fine shall be one dollar for each point; and (b) For failure to comply with an order of the board, the fine imposed shall be $500. Notes N.H. Admin. Code § Bar 404.…

(a) Following a hearing, the board shall increase the amount of a fine provided for in Bar 404.10 when one or more of the following aggravating factors are reflected by specific findings of fact, expressed in the record: (1) That the respondent was aware of RSA 313-A and the boar…

(a) The board shall assess separate fines against a party for multiple violations of the statutes, [and/or] rules, or both, provided the board makes a separate finding of fact from the record for each violation. (b) Noncompliance which was carried out over a period of days shall …

(a) Licensees shall obey the ethical conduct standards set forth in Bar 501.02. (b) Violations of any of the ethical conduct standards shall constitute unprofessional conduct resulting in disciplinary proceedings pursuant to RSA 313-A:22 (c), II. Notes N.H. Admin. Code § Bar 501.…

A licensee shall: (a) Comply with RSA 313-A and the board's administrative rules; (b) Submit only truthful and correct information in any application or other document filed with, or statement made to, the board; (c) Obey in good faith, and within any time period specified, any d…

"Fitzpatrick scale" means "Fitzpatrick scale" as defined in RSA 313-A:1, VIII-a. Notes N.H. Admin. Code § Bar 601.01 #8444, eff 10-06-05 Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expires4/2/2025.

"Operator" means "operator" as defined in RSA 313-A:1, XI-a Notes N.H. Admin. Code § Bar 601.02 #8444, eff 10-06-05 Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expires4/2/2025.

"Personal use" means tanning devices which are limited exclusively to an individual and this individual's immediate family. Notes N.H. Admin. Code § Bar 601.03 #8444, eff 10-06-05 Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expire…