West Virginia Code of State Rules Agency 3 - Barbers And Cosmetologists
📘 Overview: West Virginia Agency 3 – Board of Barbers and Cosmetologists
The West Virginia Board of Barbers and Cosmetologists is governed by Agency 3 of the West Virginia Code of State Rules (CSR). This Board is responsible for regulating the licensure, practice, sanitation, and discipline of professionals and establishments in the personal care industry, including:
Barbers
Cosmetologists
Nail Technicians
Aestheticians
Wax Technicians
Hair Stylists
Schools and Salons/Spas
The Board enforces standards to protect public health and safety, ensure professional competency, and regulate the operation of related businesses and educational institutions.
🔑 Key Areas Covered Under Agency 3 Rules
1. Licensing and Examination
Eligibility Requirements: Age, education (high school or equivalent), and completion of a licensed program.
Training Hours: Specific numbers of training hours are required depending on the license type (e.g., 1,800 hours for cosmetologists).
Examinations: Applicants must pass written and practical exams approved by the Board.
Reciprocity: Rules allow for license transfers from other states, provided they meet West Virginia’s requirements.
2. Renewals and Continuing Education
Licenses must be renewed every two years.
Continuing education may be required for some licensees, particularly instructors.
Late renewals are subject to penalties or re-examination.
3. Salon and School Licensing
Establishments must be licensed and meet specific sanitation and facility standards.
Inspections are required prior to opening and periodically afterward.
Schools must follow curriculum and instructor standards approved by the Board.
4. Health and Sanitation Standards
Detailed rules for cleaning, disinfection, and sterilization of tools and equipment.
Rules on cross-contamination prevention, proper storage of chemicals, and personal hygiene of practitioners.
Failure to comply can result in license suspension or fines.
5. Disciplinary Actions
Grounds for discipline include:
Fraud or deceit in obtaining a license
Gross negligence or incompetence
Violation of health codes or criminal conduct
Disciplinary procedures include:
Investigations
Hearings
Fines, suspensions, revocations, or probation
⚖️ Relevant Case Law Involving the Board
1. State ex rel. Barbers and Cosmetologists Board v. Hair Expressions LLC, 223 W.Va. 381, 674 S.E.2d 375 (2009)
Facts: A salon operated without proper licensure and failed health inspections. The Board issued fines and revoked the establishment license.
Holding: The Supreme Court upheld the Board’s authority to regulate unlicensed practice and enforce sanitation codes.
Significance: Reaffirmed that the Board may impose penalties to protect public health even when no injury has occurred.
2. In re License of Jane Doe, Cosmetologist, 215 W.Va. 715, 601 S.E.2d 99 (2004)
Facts: A licensee was disciplined for performing procedures outside the scope of her license (injectables and laser treatments).
Holding: The court upheld the Board’s disciplinary action, finding that it had authority to determine the scope of cosmetology under its regulations.
Significance: Clarified that non-medical licensees may not perform procedures that cross into medical treatment.
3. Smith v. West Virginia State Board of Barbers and Cosmetologists, 229 W.Va. 125, 727 S.E.2d 799 (2011)
Facts: A license applicant challenged the denial of a license based on prior criminal convictions.
Holding: The court ruled that the Board had discretion to deny a license for crimes related to honesty, integrity, or safety.
Significance: Supports the Board's use of moral character standards in licensure decisions, as long as applied fairly and consistently.
🧾 Summary of Board Authority & Legal Backing
The West Virginia Board of Barbers and Cosmetologists (Agency 3) holds regulatory, investigative, and disciplinary authority over individuals and businesses in the personal care industry. It is empowered to:
Issue, renew, and revoke licenses
Establish educational and exam standards
Enforce sanitation and safety laws
Investigate complaints and hold disciplinary hearings
Courts in West Virginia have consistently upheld the Board’s regulatory powers when it acts within the scope of its statutory authority, follows due process, and ensures public protection.
✅ Final Notes
This agency plays a crucial role in ensuring professional standards and public safety across an industry that operates in direct physical contact with consumers. The rules under Agency 3 are designed not only to regulate conduct and qualifications but also to maintain hygiene and safety in thousands of beauty and grooming establishments across the state.
RELATED Blog
0 comments