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North Dakota Statutes, Title 43

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North Dakota/Statutes

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Title 43, Occupations and Professions

99 chapters · 1,335 sections in this title.

All chapters in Title 431,335 Ch 43-15, Pharmacists55 Ch 43-11, Cosmetologists49 Ch 43-04, Barbers46 Ch 43-17, Physicians, Resident Physicians, and…39 Ch 43-10, Funeral Service Practitioners38 Ch 43-19.1, Professional Engineers and Land Surv…38 Ch 43-32, Psychologists36 Ch 43-09, Electricians35 Ch 43-23, State Real Estate Commission33 Ch 43-18, Plumbers32 Ch 43-28, Dentists31 Ch 43-13, Optometrists30 Ch 43-29, Veterinarians29 Ch 43-23.3, Real Estate Appraisers27

46 sections·Filtered byTitle 43✕Ch 43-04✕

N.D.C.C. § 43-04-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the board of barber examiners. 2. "Licensed barber" means a licensee who has: a. Met the requirements defined in sections 43-04-31 and 43-04-32; and b. Passed the examination required in se…
N.D.C.C. § 43-04-02 Declaration of policy
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It is hereby declared that the practice of barbering, by reason of the personal contacts exercised therein, is a business affecting the public health, public welfare, and public safety, that immediate public supervision and control of said occupation in the exercise of the police…
N.D.C.C. § 43-04-03 Exemptions
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1. The following individuals, when engaged in the proper discharge of their occupational duties, are exempt from the provisions of this chapter: a. Individuals authorized by the laws of this state to practice medicine and surgery. b. Commissioned medical or surgical officers of t…
N.D.C.C. § 43-04-04 Board of barber examiners - Appointment - Term of office - Qualifications
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1. The board of barber examiners must consist of at least three members appointed by the governor for a term of three years. 2. Members are subject to the following requirements: a. The terms of office of the members must be so arranged that one term expires on the thirty-first d…

N.D.C.C. § 43-04-05 Oath of office - How vacancies filled - Removal

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Each member of the board shall qualify by taking the oath required for civil officers. A vacancy on the board must be filled by appointment by the governor for the unexpired term. Such appointment must be made from the list of five names submitted to the governor by the state bar…

N.D.C.C. § 43-04-06 Officers of board - Power to administer oath - Bond

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The members of the board shall elect from those members appointed by the governor under section 43-04-04 a president, vice president, and secretary-treasurer. The secretary-treasurer of the board must be bonded for the faithful discharge of duties in the penal sum of five thousan…

N.D.C.C. § 43-04-07 Compensation - Expenses - How paid

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Each member of the board is entitled to receive daily compensation for actual services in an amount not to exceed one hundred dollars and must be paid for actual expenses, as provided by law, incurred in attending meetings of the board and in performing official duties. All funds…

N.D.C.C. § 43-04-09 Headquarters of board - Board to adopt seal - Quorum

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The board shall have its headquarters at such suitable place as may be designated by it. It shall adopt and use a common seal for the authentication of its orders and records. The majority of the members of the board in a meeting duly assembled may perform and exercise all the du…

N.D.C.C. § 43-04-10 Board to employ necessary inspectors and assistants

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The board may employ such inspectors, clerks, and other assistants as it may deem necessary to carry out the provisions of this chapter.

N.D.C.C. § 43-04-11 Rules and orders

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The board may adopt and enforce all rules and orders necessary to carry out the provisions of this chapter: 1. It may prescribe sanitary regulations for barbershops and barber schools. Such regulations shall be subject to the approval of the department of health and human service…

N.D.C.C. § 43-04-12 General powers of board

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The board is an instrumentality of the state and shall act for the purpose of administering the provisions of this chapter and has such specific powers as are necessary to administer and enforce the same. The board has the following additional powers: 1. To supervise and regulate…

N.D.C.C. § 43-04-13 Investigations

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The practice and procedure of the board with respect to any investigation by the board authorized by this chapter must be in accordance with rules and regulations to be promulgated by the board, which must provide for at least twenty days' notice in writing to all persons affecte…

N.D.C.C. § 43-04-14 Reports to board

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Each licensee, from time to time, as required by rule or order of the board, shall make and file a verified report, on forms prescribed by the board, of all matters on account of which a record is required to be kept, together with such other information or facts as may be pertin…

N.D.C.C. § 43-04-15 Information obtained by board confidential

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No member of said board, nor any officer, agent, or employee thereof, shall divulge to any person, firm, corporation, or limited liability company the contents of any document, paper, or record, examined by the person in the performance of the person's duties hereunder, or any in…

N.D.C.C. § 43-04-18 Records of board - Register of certificates

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The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension, and revocation of certificates of registration. This record also must contain the name, place of business, and place of residence of each registered barber and each registered…

N.D.C.C. § 43-04-19 Biennial report

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The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

N.D.C.C. § 43-04-20 Moneys of board held by treasurer - How disbursed

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Moneys collected for the board under the provisions of this chapter must be kept by the treasurer and disbursed only on warrants signed by the president and the secretary of the board. At the end of the treasurer's term, the treasurer shall account to the successor to the office …

N.D.C.C. § 43-04-21 Barbershop under the supervision of registered barber

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No person may operate a barbershop unless at all times it is under the direct supervision and management of a registered barber.

N.D.C.C. § 43-04-24 Minimum standard of schools of barbering

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No school of barbering may be approved by the board unless it requires as a prerequisite to graduation a course of instruction of not less than one thousand five hundred hours to be completed within a reasonable period of time as determined by the board with not more than eight h…

N.D.C.C. § 43-04-25 Application for admission to barber school

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No school or college of barbering may enroll or admit any student thereto unless such student shall make and file, in duplicate, a duly verified application, which must be in such form and which must contain such matters as the state board of barber examiners may prescribe and wh…

N.D.C.C. § 43-04-26 Application for admission to barber school for postgraduate course

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A school or college of barbering may not enroll or admit any student in a postgraduate course thereof, unless the student files, in duplicate, an application, duly verified, which shows the applicant: 1. Has graduated from a school or college of barbering approved by the board; o…

N.D.C.C. § 43-04-27 Barber school must have permit

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It shall be unlawful for any person, firm, corporation, or limited liability company to operate a barber school or barber college without first obtaining a permit from the state board of barber examiners, fully complying with the provisions of this chapter and paying an annual fe…

N.D.C.C. § 43-04-30 Barber - Certificate of registration required - Rules

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1. An individual may not practice barbering within this state unless the individual is licensed and registered as: a. A barber; b. A restricted barber; c. A retired barber; or d. A temporary barber. 2. The board shall adopt rules regulating licensing, including procedures, requir…

N.D.C.C. § 43-04-30.1 Continuing education requirements

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1. The board may adopt rules establishing requirements for the continuing education of individuals licensed under this chapter. The rules must provide: a. Individuals holding a barber license or a barber instructor license shall complete a minimum of six hours of continuing educa…

N.D.C.C. § 43-04-31 Qualifications for certificate of registration as registered barber

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A person is qualified to receive a certificate of registration to practice barbering if the person: 1. Is at least eighteen years of age; 2. Is of good moral character and temperate habits; and 3. Has passed a satisfactory examination conducted by the board to determine that pers…

N.D.C.C. § 43-04-31.1 Conviction not bar to certification or permit - Exceptions

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Conviction of an offense does not disqualify a person from certification or a permit under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a barber, or determines, following conviction of any offense, t…

N.D.C.C. § 43-04-31.2 Restricted barber license - Requirements

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1. An individual may apply for a restricted barber license if the applicant: a. Has not been disciplined relating to the practice of barbering in the previous five years; b. Passes a written examination of the laws and rules governing practice in the state, as established by the …

N.D.C.C. § 43-04-31.3 Temporary barber license - Requirements

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1. An individual who has met the requirements in subsection 2 of section 43-04-32 may apply for and be issued a temporary barber license, upon payment of the required fee. 2. A license under this section: a. Is valid for a maximum of three months; b. Must begin from the verified …

N.D.C.C. § 43-04-31.4 Retired barber license - Requirements

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1. An individual may apply for a retired barber license and practice in a limited capacity if the applicant is: a. At least sixty-five years of age or has been practicing a minimum of twenty years as a licensed barber; and b. Works no more than five days per month. 2. Upon an app…

N.D.C.C. § 43-04-32 Licensed barber - Application for examination

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1. Any person who desires to be licensed as a barber shall apply to the board. 2. An applicant is eligible to take the licensing examination under section 43-04-33 if the applicant pays the required application fee and: a. Has held an active and valid license to practice barberin…

N.D.C.C. § 43-04-33 Examinations - Barber

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The board, not less than four times each year, at such times and places as it may determine, shall conduct examinations of applicants for certificates of registration to practice as registered barbers. Each examination must include both a practical demonstration and a written and…

N.D.C.C. § 43-04-35 Failure to pass examination for registered barber - When applicant may be re-examined

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An applicant for a certificate of registration to practice as a registered barber who fails to pass a satisfactory examination conducted by the board must wait an additional three months before that person again is entitled to take the examination for registration as a barber.

N.D.C.C. § 43-04-36 Barber - Certificate of registration - When issued

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The board shall issue to an applicant a certificate of registration as a registered barber whenever the applicant has complied with the provisions of section 43-04-31.

N.D.C.C. § 43-04-37 Display of certificate of registered barber

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Every holder of a certificate of registration as a registered barber or registered apprentice shall display it in a conspicuous place adjacent to or near that person's work chair.

N.D.C.C. § 43-04-38.1 Persons having practiced barbering in another state - Qualifications for certificate of registration as registered barber

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The board may waive the requirement of a satisfactory examination and issue to an applicant a certificate of registration to practice barbering, if the applicant: 1. Is at least eighteen and one-half years of age. 2. Has completed high school or received a high school equivalency…

N.D.C.C. § 43-04-39 Renewal and restoration of certificates of barber

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Every registered barber who continues in active practice or service, annually, on or before July first, shall renew that person's certificate of registration and pay the required fee. Every certificate of registration which has not been renewed during the month of July in any yea…

N.D.C.C. § 43-04-40 Refusal and revocation of certificate

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The board either may refuse to issue or renew a certificate of registration to practice barbering or may suspend or revoke the same for any one, or a combination, of the following causes: 1. Conviction of an offense, shown by a certified copy of the record of conviction, determin…

N.D.C.C. § 43-04-41 Revocation of, suspension of, or refusal to issue certificate - Hearing

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The board may not refuse to issue, refuse to renew, suspend, or revoke any certificate of registration to practice barbering for any of the causes set forth in section 43-04-40 unless the person accused has been given a public hearing by the board. A hearing under this section mu…

N.D.C.C. § 43-04-42 Fees

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1. The board may charge applicants the following fees: a. For examination and issuance of a certificate to practice master barbering, one hundred dollars. b. For renewal of a master barber's certificate, one hundred dollars. c. For restoration of an expired master barber's certif…

N.D.C.C. § 43-04-43 Barbershop - Regulations

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No person may use for the purpose of practicing barbering any room or place which also is used for: 1. Residential purposes; or 2. Any business purpose other than the sale of hair tonics, lotions, creams, cutlery, toilet articles, cigars, tobacco, candies in original package, and…

N.D.C.C. § 43-04-43.1 Mobile barbershop - Regulations - Requirements

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1. An individual may operate a mobile barbershop if: a. The individual is a licensed barber under section 43-04-32; and b. The mobile barbershop is registered with the board. 2. The board shall adopt rules regulating mobile barbershops. The rules adopted by the board must regulat…

N.D.C.C. § 43-04-44 Inspection of barbershops and barber schools

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Any member of the board or any of its inspectors, agents, or assistants may enter and inspect any barbershop, mobile barbershop, or barber school at any time during business hours.

N.D.C.C. § 43-04-45 Penalty

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1. An individual is guilty of a class B misdemeanor if the individual: a. Violates any provision of section 43-04-21, 43-04-30, 43-04-43, or 43-04-43.1; b. Permits any individual in that individual's employ, supervision, or control to practice as a barber unless the employed, sup…

N.D.C.C. § 43-04-46 Board may institute actions

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The board may institute such actions in the courts of competent jurisdiction as may appear necessary to enforce compliance with any provision of this chapter, or to enforce compliance with any rule, subpoena, or order of the board made pursuant to the provisions of this chapter, …

N.D.C.C. § 43-04-48 Appeals

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Any applicant or licensee aggrieved by any action of the board taken under any of the provisions of this chapter, within thirty days after receipt of a copy of the order of the board, may file a petition in the district court, which has jurisdiction to affirm, reverse, vacate, or…

N.D.C.C. § 43-04-49 Deceptive acts - Barber poles

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A person may not advertise, hold out to the public, or represent in any manner that the person is authorized to practice barbering unless the person is authorized under this chapter to practice barbering or authorized to employ or lease space to a barber. A person not authorized …