Rules & Regulations of the State of Tennessee Title 0200 - Barber Examiners
Tennessee Rules & Regulations – Title 0200 Barber Examiners: Detailed Explanation
I. Overview
The Tennessee Board of Barber Examiners regulates barbering in the state. Its authority comes from the Tennessee Code Annotated (T.C.A.) Title 62, Chapter 3, which gives the Board the power to license barbers, barber schools, and instructors, and to enforce sanitary standards and disciplinary actions. The administrative rules in Title 0200 implement this statutory authority.
Title 0200 is organized into three main chapters:
Chapter 0200‑01 – Licensing
Chapter 0200‑02 – Procedural Rules for Contested Cases
Chapter 0200‑03 – Sanitary Requirements
These rules ensure that barbering in Tennessee is performed safely, legally, and professionally.
II. Licensing Requirements (Chapter 0200‑01)
1. Barber School & Student Requirements
Barber school programs must meet minimum hours of instruction, covering: hair cutting, skincare, hygiene, sanitation, and barber statutes.
Students must complete a certain number of practical hours (hands-on experience) under supervision.
An apprenticeship may count for up to 50% of required hours, if Board-approved.
2. Examinations
All applicants must pass the Board exam with a minimum score of 70%.
Exams include theory and practical demonstration.
Instructor candidates must either have three years’ experience as a master barber or complete 300 hours of instructor training.
Applicants cannot use themselves as models for practical exams; models must be at least 16 years old.
3. Applications, Retakes, and Fees
Applications must be submitted on forms approved by the Board.
Applicants who fail part of the exam may retake that portion for up to three years before retaking the full exam.
Fees are required for exams, licenses, renewals, shops, schools, and residential barber certificates.
4. Inspections
Licensed establishments and barber schools are subject to Board inspections.
New or relocated establishments must be inspected within 10 days of application.
Inspectors report findings, which may affect approval or result in civil penalties.
5. Residential Barber Certificates
Barbers providing services from home must obtain a residential certificate.
Kits must be inspected and approved before services begin.
If the certificate expires for over one year, the barber must reapply and pass inspection again.
6. Renewal and Civil Penalties
Licenses are generally renewed biennially; schools may have annual renewals.
The Board may assess civil penalties of up to $1,000 per violation for rule violations.
III. Procedural Rules (Chapter 0200‑02)
Sets out procedures for contested cases, such as license denial, suspension, or revocation.
Respondents receive written notice of the charges and an opportunity for a hearing.
Hearings follow administrative standards and allow the presentation of evidence and witnesses.
Decisions may be appealed under Tennessee’s Uniform Administrative Procedures Act.
IV. Sanitary Requirements (Chapter 0200‑03)
Requires proper sterilization of tools, equipment, and workstations.
Sets rules for waste disposal and environmental hygiene.
Barbers and students must maintain personal and workplace cleanliness.
Violations may result in fines, suspension, or revocation of licenses.
V. Key Case Law
1. Zarate v. Tennessee Board of Cosmetology and Barber Examiners
Issue: High school diploma requirement for obtaining a barber license.
Decision: Court struck down the requirement as arbitrary and not reasonably related to public safety.
Significance: States cannot impose unrelated educational barriers; licensing requirements must be rationally connected to protecting the public.
2. Harris v. Biddle
Issue: Barber school challenged adverse inspection results.
Decision: Court upheld Board actions, ruling that administrative inspections and enforcement are entitled to substantial deference.
Significance: Regulatory inspections and enforcement actions are generally valid unless there is clear abuse of authority.
VI. Practical Implications
Barbers, instructors, and schools must comply strictly with licensing, inspection, and sanitary rules.
Civil penalties can be assessed for violations, and repeated noncompliance may lead to license suspension or revocation.
Case law shows that courts balance public protection with fairness; rules must be related to health and safety.
VII. Summary
The Tennessee Board of Barber Examiners regulations (Title 0200) ensure:
Proper education and training for barbers and instructors.
Compliance with sanitation and public safety standards.
Fair administrative procedures for disciplinary actions.
Enforcement of civil penalties for violations.
Case law highlights that while the Board has wide regulatory authority, license requirements must be rationally related to safety and skill, not arbitrary.
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