North Dakota Administrative Code Title 32 - Cosmetology, Board of
🔹 Overview of NDAC Title 32 – Cosmetology, Board of
What It Covers:
NDAC Title 32 contains the rules adopted by the North Dakota State Board of Cosmetology, pursuant to its statutory authority under North Dakota Century Code (NDCC) Chapter 43-11.
It governs:
Licensing and renewal for cosmetologists, estheticians, manicurists, and instructors
Operation of salons and cosmetology schools
Health and safety regulations
Inspections, enforcement, and disciplinary actions
Continuing education and professional standards
🔹 Purpose of the Board of Cosmetology
The primary purpose of the Board is to:
Protect public health and safety
Ensure professionals meet minimum training and hygiene standards
License qualified individuals and businesses
Enforce compliance with professional conduct and sanitation rules
🔹 Key Provisions of NDAC Title 32
Let’s break down the most important sections in plain English:
1. Licensing and Qualifications
Initial Licensing Requirements:
Must complete a state-approved cosmetology program
Pass written and practical examinations
Be at least 18 years old (generally)
Types of Licenses:
Cosmetologist
Esthetician
Manicurist
Instructor
Salon license
Temporary and Reciprocal Licenses:
Title 32 allows for reciprocity with other states if standards are comparable.
Temporary licenses may be issued pending exam results.
2. Renewals and Continuing Education
Licenses must be renewed annually or biennially.
Some licenses require continuing education hours to maintain knowledge and skills.
Failure to renew results in a lapsed license, requiring reinstatement procedures and potential penalties.
3. Salon and School Licensing
Salons and schools must:
Have a valid license
Meet zoning and sanitary requirements
Be subject to regular inspections
Schools must follow specific curriculum rules and maintain approved equipment and facilities.
4. Sanitation and Safety Rules
Strict sanitation rules are enforced to prevent health risks. These include:
Sterilizing tools and equipment after each use
Using disposable items when appropriate
Maintaining clean floors, walls, and surfaces
Proper storage and labeling of chemicals
Rules for handling blood exposure or other biological hazards
Violations of sanitation can lead to citations, fines, or license suspension.
5. Inspections and Enforcement
The Board conducts unannounced inspections of salons and schools.
Inspectors look for:
Valid licenses displayed
Sanitary conditions
Proper recordkeeping
Compliance with infection control procedures
Violations can lead to:
Warnings
Fines (civil penalties)
License suspension or revocation
Mandatory remedial training
6. Disciplinary Procedures
Grounds for discipline include:
Fraud or misrepresentation in obtaining a license
Practicing without a license
Drug or alcohol abuse impacting practice
Unprofessional or unethical conduct
Repeated sanitation violations
Due process is provided:
Notice of hearing
Opportunity to respond
Final decision by the Board, subject to appeal in court
🔹 Case Law Involving Cosmetology Regulation in North Dakota
While cosmetology-related cases in North Dakota are relatively rare in published court records, we can use principled hypothetical case examples to show how Title 32 might be applied.
🧑⚖️ Case 1: In re License of Jane Doe, ND Board of Cosmetology
Facts: Jane Doe, a licensed cosmetologist, was found operating a salon out of her home without a valid salon license and had multiple sanitation violations.
Issue: Whether the Board acted within its authority in suspending her license.
Ruling: The Board's suspension was upheld. The court emphasized that Title 32 allows the Board to regulate where and how services are delivered, and home-based salons must meet the same standards as commercial locations.
Significance: Reinforces that all salons must be licensed and inspected, even if operated privately from a home.
🧑⚖️ Case 2: Smith v. ND State Board of Cosmetology
Facts: Smith, an out-of-state cosmetologist, was denied a reciprocal license due to fewer training hours in her home state.
Issue: Was the denial arbitrary, or within the Board’s discretion?
Ruling: The court upheld the denial, stating that Title 32 permits the Board to require equivalent training standards for reciprocity and protects public safety by ensuring adequate education.
Significance: Demonstrates the Board's authority to maintain consistent professional standards, even when other states are more lenient.
🧑⚖️ Case 3: ND Board of Cosmetology v. XYZ Nails
Facts: A nail salon was repeatedly cited for improper sanitation and use of unauthorized products (like MMA — methyl methacrylate).
Issue: Whether the Board could impose escalating fines and ultimately revoke the license.
Ruling: The Board's actions were found lawful under Title 32, which provides for progressive discipline for repeat violations that endanger public health.
Significance: Shows the enforcement power of the Board and the priority of public safety in cosmetology regulation.
🔹 Summary of NDAC Title 32 – Cosmetology, Board of
| Area | Key Details |
|---|---|
| Governing Body | North Dakota State Board of Cosmetology |
| Main Roles | License regulation, sanitation enforcement, disciplinary action |
| Practices Regulated | Cosmetology, esthetics, nail technology, instruction |
| Salons/Schools | Must be licensed and meet physical/sanitary standards |
| Enforcement Tools | Inspections, fines, license suspension or revocation |
| Legal Authority | NDCC Chapter 43-11 and NDAC Title 32 |
🔹 Final Notes
NDAC Title 32 ensures professionalism, hygiene, and accountability in North Dakota’s cosmetology industry. The Board’s powers are well-defined, and both professionals and establishments are held to clear standards.
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