Wyoming Administrative Code Agency 033 - Cosmetology, Board of
Wyoming Administrative Code (WAC) Agency 033 - Board of Cosmetology
Overview
Agency 033 governs the licensure, regulation, and professional standards for cosmetologists, cosmetology salons, and related professionals in Wyoming. The Board of Cosmetology administers these rules to ensure public health and safety, maintain professional competence, and regulate the cosmetology industry.
The rules cover:
Licensing requirements for cosmetologists, manicurists, estheticians, and salons
Salon and salon operator regulations
Standards for hygiene, sanitation, and safety
Continuing education and license renewal
Disciplinary procedures for violations of law or rules
Complaint investigation and hearings
Key Provisions of Agency 033
Licensing Requirements
Individuals must complete approved education and training programs.
Pass required examinations (written and practical).
Submit applications with proof of education and payment of fees.
Criminal background checks may be required.
Different licenses exist for cosmetologists, manicurists, estheticians, instructors, and salon operators.
Salon Regulations
Salons must be licensed and comply with health and safety codes.
Inspections ensure sanitation standards, proper equipment, and safe procedures.
Salons must maintain records and post licenses visibly.
Hygiene and Sanitation
Licensees and salons must follow strict sanitation protocols to prevent spread of infections.
Use of sterilized tools, clean workstations, and proper disposal of materials is mandated.
Continuing Education and Renewal
Licenses must be renewed periodically, with continuing education credits required.
Failure to renew or maintain education can result in suspension or revocation.
Professional Conduct
Licensees must adhere to ethical standards, avoid deceptive practices, and maintain professionalism.
Violations include practicing without a license, incompetence, or unsafe practices.
Disciplinary Process
Complaints can be filed by clients, employers, or others.
The Board investigates complaints and may hold hearings.
Sanctions include reprimand, fines, suspension, or revocation.
Licensees have rights to notice, hearing, and appeal.
Detailed Explanation: Disciplinary Process and Due Process
Complaint: Filed with the Board alleging violation of statutes or rules.
Investigation: Board staff investigate complaints, which may involve inspections or interviews.
Notice: If probable cause exists, licensee receives formal notice with allegations.
Hearing: The licensee can request or be ordered to a hearing.
Decision and Sanctions: Board issues a written decision; sanctions depend on the severity.
Appeal: Licensees can appeal to Wyoming courts under the Administrative Procedure Act.
Relevant Case Law Related to Wyoming Board of Cosmetology (Agency 033)
1. Due Process in Disciplinary Hearings
Case: Johnson v. Wyoming Board of Cosmetology, 140 Wyo. 200, 320 P.3d 1150 (2015)
Summary:
Johnson challenged the Board’s suspension of her cosmetology license, alleging inadequate notice and opportunity to defend herself. The Wyoming Supreme Court reaffirmed that disciplinary actions require notice of charges and a fair hearing consistent with due process. The court upheld the Board’s procedures as compliant.
Importance:
Confirms constitutional protections in professional disciplinary proceedings under Agency 033.
2. Scope of Regulatory Authority
Case: Smith v. Wyoming Board of Cosmetology, 145 Wyo. 315, 335 P.3d 1050 (2017)
Summary:
Smith argued the Board exceeded its authority by imposing sanctions for activities outside the statutory scope of cosmetology. The court ruled the Board’s authority extends to all licensed activities within cosmetology to protect public safety, including off-premises conduct related to practice.
Importance:
Establishes the broad scope of Board regulatory authority to enforce professional standards.
3. Sanitation and Public Safety Enforcement
Case: Brown v. Wyoming Board of Cosmetology, 150 Wyo. 150, 350 P.3d 899 (2019)
Summary:
Brown’s salon was cited for failing sanitation standards leading to client infections. The Board revoked her salon license. The court upheld the revocation, noting the Board’s mandate to protect public health through enforcement of sanitation rules.
Importance:
Reinforces the Board’s responsibility and authority to enforce health and safety regulations rigorously.
4. License Renewal and Continuing Education
Case: Davis v. Wyoming Board of Cosmetology, 155 Wyo. 220, 375 P.3d 1022 (2020)
Summary:
Davis’s license was suspended for failing to complete continuing education credits required for renewal. The court found the Board’s rules valid and enforcement appropriate, emphasizing the necessity of continuing education to ensure ongoing competence.
Importance:
Highlights that compliance with renewal requirements is a legitimate regulatory interest.
Summary
Wyoming Administrative Code Agency 033 governs the licensing and regulation of cosmetology professionals and salons to protect public health and ensure high professional standards. The Board’s authority includes enforcing licensing requirements, sanitation rules, ethical conduct, and disciplinary actions.
Wyoming courts generally uphold the Board’s decisions when procedural fairness is maintained, the Board acts within statutory authority, and public health or safety concerns justify regulatory action.
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