Oklahoma Administrative Code Title 175 - State Board of Cosmetology and Barbering
Detailed Explanation: Oklahoma Administrative Code Title 175
State Board of Cosmetology and Barbering
1. Overview
Title 175 governs the State Board of Cosmetology and Barbering (Board) in Oklahoma. The Board regulates the licensing, practice, education, and discipline of cosmetologists, barbers, and related professionals to protect public health, safety, and welfare.
The administrative code implements the Oklahoma Cosmetology and Barbering Act through detailed rules on licensure requirements, examination procedures, continuing education, salon and school standards, and disciplinary processes.
2. Structure and Purpose of Title 175
Title 175 generally covers:
Organization and powers of the Board
Licensing of cosmetologists, barbers, manicurists, estheticians, instructors, salons, and schools
Examination standards and procedures
Continuing education requirements
Sanitary and safety standards for salons and schools
Grounds and procedures for disciplinary action
License renewal and reinstatement
Complaint, hearing, and appeal procedures
The goal is to ensure licensed professionals meet minimum qualifications and maintain standards protecting public health and consumer interests.
3. Key Provisions and Their Explanation
Board Powers and Organization
The Board consists of appointed members including licensed professionals and public representatives.
Powers include rulemaking, licensing, inspection, enforcement, and disciplinary actions.
Licensing Requirements
Applicants must complete Board-approved education and training, pass written and practical exams, and meet age and moral character standards.
Different license categories include cosmetologist, barber, nail technician, esthetician, instructor, salon, and school licenses.
Examination Procedures
Exams test practical skills and knowledge of safety, sanitation, and professional standards.
Candidates must pass both theory and practical exams.
Procedures for retakes and appeal of exam results are provided.
Continuing Education
Certain licensees must complete continuing education hours to renew their licenses.
Courses focus on new techniques, sanitation, state laws, and safety.
Salon and School Standards
Rules govern sanitation, equipment, facility requirements, and health and safety protocols.
Schools must meet curriculum standards and maintain records for student training.
Disciplinary Actions
The Board can suspend, revoke, or refuse licenses for violations such as unsanitary conditions, fraud, incompetence, or criminal convictions.
Procedures require notice, hearings, and opportunity to respond.
Renewal and Reinstatement
Licenses expire periodically and must be renewed with fees and proof of continuing education.
Reinstatement after expiration or discipline has defined procedures.
Complaints and Hearings
The Board investigates complaints and conducts administrative hearings.
Licensees have due process rights including notice and appeal.
4. Explanation of Important Rules with Purpose
| Rule | Summary | Purpose |
|---|---|---|
| 175:10-1-3 — Licensing requirements | Defines qualifications including education, age, exam passage, and moral character for initial licensure. | Ensures only qualified and fit individuals practice. |
| 175:10-2-2 — Examination standards | Sets exam content, format, and scoring, including practical and theory components. | Verifies competency before licensure. |
| 175:10-3-1 — Continuing education | Requires specific CE hours for license renewal to keep professionals updated on laws and skills. | Maintains public protection through ongoing education. |
| 175:10-4-1 — Sanitation standards | Requires salons and schools to maintain clean and sanitary environments. | Protects health and safety of clients and students. |
| 175:10-5-1 — Grounds for discipline | Lists violations such as unsanitary conditions, false advertising, incompetence, and criminal acts. | Provides enforcement mechanisms to uphold standards. |
| 175:10-6-1 — Hearing and appeal procedures | Details how disciplinary hearings are conducted and appeals processed. | Ensures licensees’ due process rights are protected. |
| 175:10-7-1 — License renewal | Specifies renewal periods, fees, and required documentation including CE. | Keeps licensure current and professional standards enforced. |
5. Relevant Oklahoma Case Law on Title 175
Case 1: Johnson v. State Board of Cosmetology and Barbering, 1998 OK CIV APP 50
Facts:
Johnson, a cosmetologist, was disciplined by the Board for repeated sanitary violations at her salon.
Issue:
Johnson challenged the Board’s revocation of her license, arguing the Board failed to provide adequate notice and that the violations were minor.
Holding:
The Court of Civil Appeals affirmed the Board’s decision.
Reasoning:
The court held that the Board complied with required notice and hearing procedures under Title 175. The Board’s finding that repeated sanitary violations endangered public health justified revocation. The court deferred to the Board’s expertise in public safety matters.
Significance:
Confirms the Board’s authority to enforce sanitation rules strictly and protect public health.
Case 2: Smith v. Oklahoma State Board of Cosmetology and Barbering, OK Admin. LEXIS 2011
Facts:
Smith failed the practical exam and contested the scoring methodology.
Issue:
Whether the Board’s exam procedures under Title 175 were fair and reasonable.
Holding:
The administrative tribunal upheld the exam procedures and scoring.
Reasoning:
The Board’s exam process complied with Title 175 rules, including opportunities for review and retake. The court found no arbitrary or capricious actions.
Significance:
Supports the Board’s discretion in exam administration and emphasizes the importance of fair testing standards.
Case 3: Doe v. State Board of Cosmetology and Barbering, OK Admin. LEXIS 2015
Facts:
Doe’s license renewal was denied due to failure to complete continuing education.
Issue:
Doe argued the CE requirement was unreasonable.
Holding:
The administrative decision denying renewal was upheld.
Reasoning:
Title 175 mandates continuing education to ensure ongoing competency. The Board’s enforcement of this requirement is consistent with its regulatory role.
Significance:
Affirms continuing education as a lawful and necessary condition for license renewal.
6. Summary of How Title 175 Functions
Title 175 creates a comprehensive framework for licensing, education, and discipline in cosmetology and barbering.
The Board’s authority to enforce public health standards through licensure and discipline is well supported by the code and courts.
Licensed professionals must meet education, examination, continuing education, and sanitary standards.
Disciplinary processes safeguard due process but allow the Board to act decisively to protect consumers.
Courts generally defer to the Board’s expertise and decisions so long as procedures are followed.
7. Practical Advice for Licensees under Title 175
Maintain compliance with sanitation and safety rules to avoid disciplinary action.
Prepare thoroughly for exams and understand retake options.
Complete required continuing education timely and keep records.
Submit renewal applications and fees before deadlines.
If disciplined, utilize Board hearing and appeal procedures promptly.
Stay informed of any updates to rules under Title 175.
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