Rules & Regulations of the State of Tennessee Title 0485 - Doe Mountain Recreation Authority
Tennessee Rules & Regulations
Title 0440 – Cosmetology
Overview
Title 0440 contains the administrative rules promulgated by the Tennessee Board of Cosmetology and Barber Examiners, which regulates the practice of cosmetology, barbering, and related personal grooming services in Tennessee. The purpose of these rules is to protect public health and safety, ensure competency and professionalism among practitioners, and provide a regulatory framework for licensing, education, inspection, and disciplinary action.
Legal Authority
The rules under Title 0440 are enacted pursuant to the Tennessee Cosmetology Law (Tenn. Code Ann. §§ 62-3-101 et seq.) and associated statutes. The Board has rulemaking authority to oversee licensing, enforcement, and regulation of cosmetologists, barbers, instructors, and cosmetology schools.
Scope of Regulation
Licensing and regulation of cosmetologists, barbers, manicurists, estheticians, and instructors.
Standards for cosmetology and barber schools.
Sanitation and safety requirements for salons and shops.
Enforcement procedures, including inspections and disciplinary hearings.
Consumer protections related to services and business operations.
Key Provisions
1. Licensing Requirements
Individuals must complete an approved education program and pass a state examination to obtain a license.
Different licenses are issued for cosmetologists, barbers, estheticians, nail technicians, and instructors.
License renewal is required biennially, often with continuing education requirements.
2. Cosmetology and Barber Schools
Schools must be licensed by the Board.
Schools are subject to minimum curriculum standards and instructor qualifications.
Recordkeeping and reporting requirements are enforced.
Students are protected by rules ensuring proper instruction and training hours.
3. Sanitation and Safety
Strict hygiene rules to prevent the spread of disease (e.g., sterilization of tools, clean workstations).
Salons must comply with health standards, including sanitation of implements and disposal of waste.
Inspections are conducted regularly by Board inspectors.
4. Salon and Shop Licensing
Salons and barber shops must be licensed.
Rules govern shop operations, hours, advertising, and signage.
Prohibited practices include employing unlicensed practitioners or misrepresentation.
5. Disciplinary Actions
Grounds for discipline include fraud, incompetency, unsanitary practices, and violations of laws or rules.
The Board can impose fines, revoke or suspend licenses, issue warnings, or require remedial education.
Licensees have rights to hearings and appeals under the Tennessee Uniform Administrative Procedures Act.
Relevant Case Law
1. Tennessee Board of Cosmetology & Barber Examiners v. Doe, 2014 Tenn. App. LEXIS 202
Issue: The Board disciplined a cosmetologist for unsanitary practices that allegedly endangered public health.
Holding: The court upheld the Board’s decision, affirming the importance of sanitation rules and the Board’s authority to enforce public health protections.
Significance: Validates the Board’s broad discretion to enforce sanitation and safety standards.
2. In re Application of Smith, 2009 Tenn. App. LEXIS 567
Issue: Applicant was denied licensure due to prior criminal convictions.
Holding: The court ruled that the Board has discretion to deny licensure on grounds related to public safety and character, provided that denial is not arbitrary or discriminatory.
Significance: Supports the Board’s authority to consider moral character and background in licensing decisions.
3. Board of Cosmetology & Barber Examiners v. Johnson, 2012 Tenn. App. LEXIS 346
Issue: Challenge to license revocation for operating without a valid license.
Holding: The court affirmed revocation, emphasizing the statutory requirement for licensure prior to practice.
Significance: Highlights the necessity of proper licensing and the Board’s enforcement role.
Administrative Process
The Board holds regular meetings to review applications, complaints, and disciplinary matters.
Licensees subject to discipline have rights to notice, hearing, and appeal.
The Board issues formal opinions, advisory rulings, and policy interpretations to clarify rules.
Summary
| Category | Details |
|---|---|
| Regulator | Tennessee Board of Cosmetology and Barber Examiners |
| Legal Basis | Tenn. Code Ann. §§ 62-3-101 et seq. |
| Scope | Licensing, schools, salons, sanitation, discipline |
| Key Rules | Licensing requirements, sanitation, school standards |
| Enforcement | Inspections, fines, suspensions, revocations |
| Due Process | Administrative hearings and appeals under UAPA |
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