TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 34 BARBERS AND COSMETOLOGISTS
PART 2 LICENSING
16.34.2.1 ISSUING AGENCY:
Regulation and Licensing Department, Board of Barbers and Cosmetologists
[16.34.2.1 NMAC - Rp
16 NMAC 34.2.1, 6/16/2001]
16.34.2.2 SCOPE: All
barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists,
manicurist/ estheticians, instructors, electrologists, schools, enterprises,
and establishments.
[16.34.2.2 NMAC - Rp
16 NMAC 34.2.2, 6/16/2001; A, 7/14/2018]
16.34.2.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Barbers and Cosmetology Act, Sections
61-17A-1 to -25 NMSA 1978.
[16.34.2.3 NMAC - Rp 16 NMAC 34.2.3, 6/16/2001,
A, 12/27/2022]
16.34.2.4 DURATION: Permanent
[16.34.2.4 NMAC - Rp
16 NMAC 34.2.4, 6/16/2001]
16.34.2.5 EFFECTIVE DATE: June
16, 2001 unless a later date is cited in the history
note at the end of a section.
[16.34.2.5 NMAC - Rp
16 NMAC 34.2.5, 6/16/2001]
16.34.2.6 OBJECTIVE:
Pursuant to the Barbers and Cosmetologists Act this part establishes
licensure requirements for barbers, cosmetologists, hairstylists,
manicurist/pedicurists, estheticians and electrologists. It further provides for licensure
requirements of establishments, enterprises, electrology
clinics, schools and instructors.
[16.34.2.6 NMAC - Rp
16 NMAC 34.2.6, 6/16/2001; A, 7/14/2018]
16.34.2.7 DEFINITIONS: [RESERVED]
[16.34.2.7 NMAC - Rp
16 NMAC 34.2.7, 6/16/2001; A, 12/17/2015;
A, 4/15/2022]
16.34.2.8 [RESERVED]
16.34.2.9 CUSTODY AND ALTERATION OF
LICENSES:
A. All board issued
licenses and permits are property of the board and shall remain in the custody
of the licensee at the discretion of the board.
B. Licenses and
permits shall not be altered in any way.
C. Inspectors or
board designees may retrieve any license or permit which is altered, suspended,
revoked, expired, or left by a licensee who is no longer employed at an
establishment, an enterprise, an electrology clinic,
or school.
[16.34.2.9 NMAC - Rp
16 NMAC 34.2.9, 6/16/2001; A, 10/04/2007; A, 12/17/2015]
16.34.2.10 LICENSES POSTED:
A. All licenses,
except identification licenses, issued by the board shall be posted
where clearly visible to the public upon entry to the establishment at all
times.
B. Licensees must
attach a recent passport size colored photograph to the board issued license
and sign the license where indicated.
C. All licensees,
who have been placed on probation, will be issued a license, which states the
licensee is on disciplinary probation.
The license shall be posted where clearly visible to
the public upon entry to the establishment at all times.
D. Licensees must
present a driver’s license or other identification when requested by the
public, the board or its authorized representative.
E. Hours of
operation shall be posted where clearly visible to the public
at all times.
F. Most recent
inspection report shall be printed and posted in each establishment within 72
hours of the inspection and posted where clearly visible to the public. It is the responsibility of the licensee that
signed the inspection report and the operator to ensure this requirement is
met.
[16.34.2.10 NMAC -
Rp 16 NMAC 34.2.10, 6/16/2001; A, 10/04/2007; A, 12/17/2015]
[16.34.2.11 [RESERVED]
[16.34.2.11 NMAC -
N/E, 11/10/2005; A, 7/14/2018, Repealed, 12/27/2022]
[16.34.2.12 [RESERVED]
[16.34.2.12 NMAC -
N/E, 11/10/2005, Repealed, 12/27/2022]
16.34.2.13 [RESERVED]
[16.34.2.13 NMAC -
N, 12/17/2015; Repealed, 4/15/2022]
16.34.2.14 [RESERVED]
[16.34.2.14 NMAC -
N, 12/17/2015; Repealed 4/15/2022]
16.34.2.15 CRIMINAL
CONVICTIONS:
A. Felony convictions for any
of the following offenses, or their equivalents in any other jurisdiction, are
disqualifying criminal convictions that may disqualify an applicant from
receiving or retaining a license issued by the board:
(1) homicide or manslaughter;
(2) kidnapping, false imprisonment,
aggravated assault or aggravated battery;
(3) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, or other related felony
sexual offenses;
(4) crimes
involving child abuse or neglect;
(5) crimes
involving fraud, forgery, embezzlement, credit card fraud, or receiving stolen
property; or
(6) an attempt, solicitation, or
conspiracy involving any of the felonies in this subsection.
B. The board shall not consider the fact of a felony
criminal conviction as part of an application for licensure unless the felony
conviction in question is one of the disqualifying felony criminal convictions
listed in Subsection A of this rule.
C. The board shall not deny, suspend or revoke a license on
the sole basis of a felony criminal conviction unless the felony conviction in
question is one of the disqualifying felony criminal convictions listed in
Subsection A of this rule.
D. Nothing in this rule prevents the board from denying an
application or disciplining a licensee on the basis of an individual’s conduct
to the extent that such conduct violated the Barbers and Cosmetologists Act,
regardless of whether the individual was convicted of a crime for such conduct
or whether the crime for which the individual was convicted is listed as one of
the disqualifying felony criminal convictions listed in Subsection A of this
rule.
E. In connection with an application for licensure, the
board shall not use, distribute, disseminate, or admit into evidence at an
adjudicatory proceeding criminal records of any of the following:
(1) an
arrest not followed by a valid conviction;
(2) a
conviction that has been sealed, dismissed, expunged or pardoned;
(3) a
juvenile adjudication; or
(4) a
conviction for any crime other than the disqualifying criminal convictions
listed in Subsection A of this rule.
[16.34.2.15 NMAC -
N, 4/15/2022]
HISTORY OF
16.34.2 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with State Records
Center and Archives under:
Article I,
Licensing, 12/21/1981
Rule 1, Licensing, 3/8/1990
Rule 1, Licensing, 3/9/1992
Rule 1, Licensing,
10/19/1993
Rule 1, Licensing, 5/23/1995
BBE Rule 86-1, Board
of Barber Examiners, Rules and Regulations - 1986, 6/27/1986
BBE Rule 87-1, NM
Board of Barber Examiners, Rules and Regulations - 1987, 11/4/1987
BBE Rule 88-1, NM
Board of Barber Examiners, Rules and Regulations - 1988, 10/4/1988
History of
Repealed Material:
16 NMAC 34.2,
Licensing - Repealed, 6/16/2001