Board of Cosmetologist Examiners provisions modifications

A bill for an act

relating to cosmetology; modifying provisions relating to the Board of

Cosmetologist Examiners; amending Minnesota Statutes 2024, sections 155A.20;

155A.23, subdivisions 4, 5, 8, 9, 10, 18, by adding a subdivision; 155A.25,

subdivisions 1a, 3, 5, 7; 155A.27, subdivisions 5a, 10, by adding subdivisions;

155A.271, subdivision 2; 155A.29, subdivision 2; 155A.30, subdivisions 3, 4, 5,

6, 7, 8, 9, 11, 12; 155A.31; 155A.32; 155A.33, subdivisions 1, 2, 3, 4, 5, 6, by

adding a subdivision; repealing Minnesota Statutes 2024, section 155A.275; Laws

2017, First Special Session chapter 4, article 1, section 29.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 155A.20, is amended to read:

155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.

(a) A Board of Cosmetologist Examiners is established to consist of seven members,

appointed by the governor as follows:

(1) two cosmetologists, one of whom is recommended by a professional association of

cosmetologists, nail technicians, and estheticians;

(2) two school instructors, one of whom is teaching at a public cosmetology school in

the state and one of whom is teaching at a private cosmetology school in the state;

(3) one
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advanced practice
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esthetician;

(4) one nail technician; and

(5) one public member, as defined in section
214.02
.

(b) All cosmetologist,
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advanced practice
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esthetician, and nail technician members must

be currently licensed in the field of cosmetology, nail technology, or
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esthetology,
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advanced

practice esthiology
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in Minnesota
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,
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;
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have practiced in the licensed occupation for at least five

years immediately prior to their appointment
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, be graduates from grade 12 of high school or

have equivalent education,
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;
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and have knowledge of sections
155A.21
to
155A.36
and

Minnesota Rules, chapters 2105 and 2110.

(c) Membership terms, compensation of members, removal of members, the filling of

membership vacancies, and fiscal year and reporting requirements
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shall
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must
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be as provided

in sections
214.07
to
214.09
. The provision of staff, administrative services, and office

space; the review and processing of complaints; the setting of board fees; and other provisions

relating to board operations
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shall
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must
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be as provided in chapter 214.

(d) Members appointed to fill vacancies caused by death, resignation, or removal
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shall
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must
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serve during the unexpired term of their predecessors.

Sec. 2.

Minnesota Statutes 2024, section 155A.23, subdivision 4, is amended to read:

Subd. 4.

Cosmetologist.

A "cosmetologist" is any person who, for compensation,

performs
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the
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personal services
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, as defined in subdivision 3
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for the cosmetic care of the hair,

nails, and stratum corneum of the epidermal layer of the skin surface
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.

Sec. 3.

Minnesota Statutes 2024, section 155A.23, subdivision 5, is amended to read:

Subd. 5.

Esthetician.

An "esthetician" is any person who, for compensation, performs

personal services for the cosmetic care of the
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stratum corneum of the epidermal layer of the
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skin
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surface
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only.

Sec. 4.

Minnesota Statutes 2024, section 155A.23, subdivision 8, is amended to read:

Subd. 8.

Manager.

A "manager" is any person who is a cosmetologist, esthetician,

advanced practice esthetician, hair technician, nail technician
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practitioner
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, or eyelash

technician, and who has a manager license and provides any services under that license, as

defined in subdivision 3.

Sec. 5.

Minnesota Statutes 2024, section 155A.23, subdivision 9, is amended to read:

Subd. 9.

Salon.

A "salon" is an
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indoor
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area, room, or rooms employed to offer personal

services, as defined in subdivision 3.
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"Salon"
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Salon
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does not include the home of a customer

but the board may adopt health and infection control rules governing practice in the homes

of customers.

Sec. 6.

Minnesota Statutes 2024, section 155A.23, subdivision 10, is amended to read:

Subd. 10.

School.

A "school" is a place where
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any person operates and maintains a class

to teach
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cosmetology
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instruction or training is offered
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to the public for compensation.
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"School"
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School
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does not include a place
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where the only teaching of cosmetology is done

by a licensed cosmetologist as part of a community education program of less than ten hours

duration, provided that the program does not permit practice on persons other than students

in the program, and provided that the program is intended solely for the self-improvement

of the students
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that only offers continuing education according to this chapter, additional

instruction or training to licensees on services within the licensee's scope of practice, or

community education programs for personal enrichment
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and not as preparation for

professional practice.

Sec. 7.

Minnesota Statutes 2024, section 155A.23, is amended by adding a subdivision to

read:

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Subd. 10a.

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School administrator.

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"School administrator" means the proprietor, if the

applicant is a proprietorship; the managing partner, if the applicant is a partnership; the

authorized officers, if the applicant is a corporation, association, company, firm, society,

or trust; or the dean, principal, or other authorized signatory, if the applicant is a school in

the Minnesota State Colleges and Universities system or a secondary school.

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Sec. 8.

Minnesota Statutes 2024, section 155A.23, subdivision 18, is amended to read:

Subd. 18.

Practitioner.

A "practitioner" is any person licensed as an operator or manager

in the practice of cosmetology, esthiology,
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advanced practice esthiology,
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hair technology

services, nail technology services, or eyelash technology services.

Sec. 9.

Minnesota Statutes 2024, section 155A.25, subdivision 1a, is amended to read:

Subd. 1a.

Schedule.

(a) The schedule for fees and penalties is as provided in this

subdivision.

(b) Three-year license fees are as follows:

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

(i) $155 for each initial license; and

(ii) $40 for each initial license application fee;

(2) $115 renewal of practitioner license, divided as follows:

(i) $100 for each renewal license; and

(ii) $15 for each renewal application fee;

(3) $145 renewal of manager or instructor license, divided as follows:

(i) $130 for each renewal license; and

(ii) $15 for each renewal application fee;

(4) $350 initial salon license, divided as follows:

(i) $250 for each initial license; and

(ii) $100 for each initial license application fee;

(5) $225 renewal of salon license, divided as follows:

(i) $175 for each renewal; and

(ii) $50 for each renewal application fee;

(6) $4,000 initial school license, divided as follows:

(i) $3,000 for each initial license; and

(ii) $1,000 for each initial license application fee; and

(7) $2,500 renewal of school license, divided as follows:

(i) $2,000 for each renewal; and

(ii) $500 for each renewal application fee.

(c) Penalties may be assessed in amounts up to the following:

(1) reinspection fee, $150;

(2) manager and owner with expired practitioner
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or instructor
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found on inspection, $150

each;

(3) expired practitioner or instructor found on inspection, $200;

(4) expired salon found on inspection, $500;

(5) expired school found on inspection, $1,000;

(6) failure to display current license, $100;

(7) failure to dispose of single-use equipment, implements, or materials as provided

under section
155A.355, subdivision 1
, $500;

(8) use of prohibited razor-type callus shavers, rasps, or graters under section
155A.355,

subdivision 2
, $500;

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(9) performing nail or cosmetology services in esthetician salon, or performing esthetician

or cosmetology services in a nail salon, $500;

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(10) owner and manager allowing an operator to work as an independent contractor,

$200;

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(11) operator working as an independent contractor, $100;

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(12)
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(9)
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refusal or failure to cooperate with an inspection, $500;

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(13)
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(10)
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practitioner late renewal fee, $45; and

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(14)
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(11)
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salon or school late renewal fee, $50.

(d) Administrative fees are as follows:

(1) homebound service permit, $50 three-year fee;

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

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(5) special event permit, $75 per year;

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(6) $100
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(5) no fee
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for
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each
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a
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temporary military license for a cosmetologist, nail

technician, esthetician,
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or
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advanced practice esthetician
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one-year fee
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, or eyelash technician
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;

(7) expedited initial individual license, $150;

(8) expedited initial salon license, $300;

(9) instructor continuing education provider approval, $150 each year; and

(10) practitioner continuing education provider approval, $150 each year.

Sec. 10.

Minnesota Statutes 2024, section 155A.25, subdivision 3, is amended to read:

Subd. 3.

Other licenses.

A licensee who applies for licensing in a second category
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shall
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must
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pay the full license fee and application fee for the second category of license.
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If

maintaining more than one license, a licensee must pay the renewal and application fee for

each license except as provided in section 155A.27, subdivision 6b.
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Sec. 11.

Minnesota Statutes 2024, section 155A.25, subdivision 5, is amended to read:

Subd. 5.

Board must approve or deny application; timeline.

Within 15 working days

of receiving a complete application and the required fees
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, if any,
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to apply for or renew an

individual or salon license that is not an expedited license or a military license, the board

must (1) issue the license, (2) deny the license and notify the applicant of the denial, or (3)

if the conditions in subdivision 6 are met, notify the applicant that the board must conduct

additional review.

Sec. 12.

Minnesota Statutes 2024, section 155A.25, subdivision 7, is amended to read:

Subd. 7.

Temporary military license or expedited license.

Within five business days

of receiving a completed application and the required fees
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, if any,
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for an individual or salon

license that meets requirements for an expedited license or a temporary military license,

the board must: (1) issue the license; (2) deny the license and notify the applicant of the

denial; or (3) notify the applicant that the board must conduct additional review if the

application meets the conditions in subdivision 8.

Sec. 13.

Minnesota Statutes 2024, section 155A.27, subdivision 5a, is amended to read:

Subd. 5a.

Temporary military license.

The board
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shall
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must
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establish temporary licenses

for a cosmetologist,
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a
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hair technician,
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a
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nail technician,
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an eyelash technician, an esthetician,
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and
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an advanced practice
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esthetician in accordance with section
197.4552
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, subdivision 2
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.
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A temporary license issued under section 197.4552, subdivision 2, is valid for a three-year

licensing period. The board must only issue one temporary license per applicant.
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Sec. 14.

Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision

to read:

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Subd. 6b.

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Instructor license renewal.

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(a) When issuing an instructor license to an

individual who holds an operator or a salon manager license in the same classification, the

board must extend the expiration date of the operator or salon manager license so that both

licenses in the same classification expire on the same date.

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(b) When an individual simultaneously renews an instructor license and an operator or

a salon manager license in the same classification, the board must charge the individual

only the instructor renewal license and renewal application fee according to section 155A.25,

subdivision 1a, paragraph (b), clause (3), and must not charge a fee for renewing the operator

or salon manager license.

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Sec. 15.

Minnesota Statutes 2024, section 155A.27, subdivision 10, is amended to read:

Subd. 10.

Nonresident licenses.

(a) A nonresident cosmetologist,
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a
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hair technician
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, an

advanced practice esthetician
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,
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a
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nail technician,
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an
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esthetician
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, or an eyelash technician
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may

be licensed in Minnesota if the individual has completed cosmetology school in a state or

country with the same or greater school hour requirements, has an active license in that state

or country,
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and
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has passed a board-approved theory and practice-based examination,
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and

has passed
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the Minnesota-specific written operator examination
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for cosmetologist, hair

technician, nail technician, esthetician
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. If a test is used to verify the qualifications
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of trained

cosmetologists
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, the test
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should
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must
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be translated into the nonresident's native language

within the limits of available resources. Licenses
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shall
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must
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not be issued under this

subdivision for managers or instructors.

(b) If an individual has less than the required number of school hours, the individual

must have had a current active license in another state or country for at least three years and

have passed a board-approved theory and practice-based examination
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,
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and the

Minnesota-specific written operator examination
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for cosmetologist, hair technician, nail

technician, esthetician
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. If a test is used to verify the qualifications
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of trained cosmetologists
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,

the test
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should
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must
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be translated into the nonresident's native language within the limits

of available resources. Licenses must not be issued under this subdivision for managers or

instructors.

(c) Applicants claiming training and experience in a foreign country
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shall
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must
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supply

official English-language translations of all required documents from a board-approved

source.

Sec. 16.

Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision

to read:

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Subd. 11.

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Reciprocity for barbers.

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A person who is a registered barber under chapter

154 may be granted credit up to 500 hours, as determined by a Minnesota-licensed

cosmetology school, toward the required hours of study for a license in cosmetology or hair

technology if the person:

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(1) provides the cosmetology school with a verification of registration issued from the

Minnesota Board of Barber Examiners verifying that the person has an active Minnesota

barber registration; and

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(2) holds an active Minnesota barber registration at the time that the person applies for

a license in cosmetology or hair technology.

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EFFECTIVE DATE.

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This section is effective on January 1, 2027.

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Sec. 17.

Minnesota Statutes 2024, section 155A.271, subdivision 2, is amended to read:

Subd. 2.

Continuing education providers.

(a) Only a board-licensed school of

cosmetology, a postsecondary institution as
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defined
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described
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in section
136A.103
,
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subdivision 1,
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paragraph (a), or a board-recognized professional association organized under

chapter 317A may be approved by the board to offer continuing education for credit under

subdivision 1, paragraph (a). Continuing education under subdivision 1, paragraph (b), may

be offered by a:

(1) board-licensed school of cosmetology;

(2) board-recognized professional association organized under chapter 317A; or

(3) board-licensed salon.

An approved school or professional association may offer web-based continuing education

instruction to achieve maximum involvement of licensees. Continuing education providers

are encouraged to offer classes available in foreign language formats.

(b) Board approval of any continuing education provider is valid for one calendar year

and is contingent upon submission and preapproval of the lesson plan or plans with learning

objectives for the class to be offered and the payment of the application fee in section

155A.25, subdivision 1a
, paragraph (d), clause (10). The board
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shall
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must
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maintain a list

of approved providers and courses on the board's website. The board may revoke

authorization of a continuing education provider at any time for just cause and the board

may demand return of documents required under subdivision 3.

Sec. 18.

Minnesota Statutes 2024, section 155A.29, subdivision 2, is amended to read:

Subd. 2.

Requirements.

The conditions and process by which a salon is licensed
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shall
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must
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be established by the board by rule. In addition to those requirements,
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no
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a
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license
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shall
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must not
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be issued unless the board first determines that the conditions in clauses (1)

to (4) have been satisfied:

(1) compliance with all local and state laws, particularly relating to matters of infection

control, health, and safety;

(2) the
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employment
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appointment
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of a manager, as defined in section
155A.23, subdivision

8
;

(3) if applicable, evidence of compliance with workers' compensation section
176.182
;

and

(4) evidence of continued professional liability insurance coverage of at least $25,000

for each claim and $50,000 total coverage for each policy year for each
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operator
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practitioner
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.

Sec. 19.

Minnesota Statutes 2024, section 155A.30, subdivision 3, is amended to read:

Subd. 3.

Applications.

Application for a license
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shall
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must
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be prepared on forms

furnished by the board and
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shall
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must
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contain the following and such other information as

may be required:

(1) the name of the school, together with ownership and controlling officers, members,

and managing employees;

(2) the specific fields of instruction which will be offered and reconciliation of the course

content and length to meet the minimum standards, as prescribed in subdivision 2;

(3) the place or places where instruction will be given;

(4) a listing of the equipment available for instruction in each course offered;

(5) the maximum enrollment to be accommodated;

(6) a listing of instructors, all of whom
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shall
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must
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be licensed as provided in section

155A.27, subdivision 2
, except that any school may use occasional instructors or lecturers

who would add to the general or specialized knowledge of the students but who need not

be licensed;

(7) a current balance sheet, income statement or documentation to show sufficient

financial worth and responsibility to properly conduct a school and to assure financial

resources ample to meet the school's financial obligations;

(8) other financial guarantees
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which
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that
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would assure protection of the public as

determined by rule; and

(9) a copy of all written
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material which
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materials that
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the school uses
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to solicit prospective

students, including but not limited to a tuition and fee schedule, and all catalogues, brochures

and other recruitment advertisements. Each school shall annually, on a date determined by

the board, file with the board any new or amended materials which it has distributed during

the past year
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for prospective student enrollment, including the enrollment contract, the

student handbook, and tuition and fee information
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.

Sec. 20.

Minnesota Statutes 2024, section 155A.30, subdivision 4, is amended to read:

Subd. 4.

Verification of application.

Each application
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shall
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must
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be signed and certified

to under oath by
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the proprietor if the applicant is a proprietorship, by the managing partner

if the applicant is a partnership, or by the authorized officers of the applicant if the applicant

is a corporation, association, company, firm, society or trust
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a school administrator as defined

in section 155A.23, subdivision 10a
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.

Sec. 21.

Minnesota Statutes 2024, section 155A.30, subdivision 5, is amended to read:

Subd. 5.

Conditions precedent to issuance.

A license must not be issued unless the

board first determines that the applicant has met the requirements in clauses (1) to (9):

(1) the applicant must have a sound financial condition with sufficient resources available

to meet the school's financial obligations; to refund all tuition and other charges, within a

reasonable period of time, in the event of dissolution of the school or in the event of any

justifiable claims for refund against the school; to provide adequate service to its students

and prospective students; and to maintain proper use and support of the school;

(2) the applicant must have satisfactory training facilities with sufficient tools and

equipment and the necessary number of work stations to adequately train the students

currently enrolled, and those proposed to be enrolled;

(3) the applicant must employ a sufficient number of qualified instructors trained by

experience and education to give the training contemplated;

(4) the premises and conditions under which the students work and study must be sanitary,

healthful, and safe according to modern standards;

(5) each occupational course or program of instruction or study must be of such quality

and content as to provide education and training that will adequately prepare enrolled

students for testing, licensing, and entry level positions;

(6) the school must have coverage by professional liability insurance of at least $25,000

per incident and an accumulation of $150,000 for each premium year;

(7) the applicant
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shall
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must
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provide evidence of the school's compliance with section

176.182
;

(8) the applicant, except the state and its political subdivisions as described in section

13.02, subdivision 11
, must file with the board a continuous corporate surety bond in the

amount of no less than ten percent of the preceding year's gross income from student tuition,

fees, and other required institutional charges, but in no event less than $10,000, conditioned

upon the faithful performance of all contracts and agreements with students made by the

applicant. New schools must base the bond amount on the anticipated gross income from

student tuition, fees, and other required institutional charges for the third year of operation,

but in no event less than $10,000. The applicant must compute the amount of the surety

bond and verify that the amount of the surety bond complies with this subdivision. The

bond
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shall
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must
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run to the board and to any person who may have a cause of action against

the applicant arising at any time after the bond is filed and before it is canceled for breach

of any contract or agreement made by the applicant with any student. The surety of the bond

may cancel it upon giving 60 days' notice in writing to the board and
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shall
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must
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be relieved

of liability for any breach of condition occurring after the effective date of cancellation;

and

(9) the applicant must appoint a designated school manager.

Sec. 22.

Minnesota Statutes 2024, section 155A.30, subdivision 6, is amended to read:

Subd. 6.

Fees; renewals.

(a) Applications for initial license under sections
155A.21
to

155A.36

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shall
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must
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be accompanied by a nonrefundable application fee set forth in section

155A.25
.

(b) License duration
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shall
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must
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be three years. Each renewal application
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shall
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must
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be

accompanied by a nonrefundable renewal fee set forth in section
155A.25
.

(c) Application for renewal of license
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shall
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must
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be made as provided in rules adopted

by the board and on forms supplied by the board.

Sec. 23.

Minnesota Statutes 2024, section 155A.30, subdivision 7, is amended to read:

Subd. 7.

Inspections.

All schools may be inspected as often as the board considers

necessary to affirm compliance. The board
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shall have
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has
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the authority to assess the cost of

the inspection to the school.

Sec. 24.

Minnesota Statutes 2024, section 155A.30, subdivision 8, is amended to read:

Subd. 8.

List of licensed schools; availability.

The board
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shall
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must
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maintain and make

available to the public a list of licensed schools.

Sec. 25.

Minnesota Statutes 2024, section 155A.30, subdivision 9, is amended to read:

Subd. 9.

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Separation of
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School and
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professional departments
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salon separation
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.

A

school
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shall
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must
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display in the entrance reception room of
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its
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new text begin
the school's
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student section

a sign prominently and conspicuously indicating that all work therein is
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done
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performed
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exclusively by students.
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Professional departments of a school shall be run
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new text begin
Any salon or

business on the same premises as a school must be operated
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as
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an
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entirely separate and

distinct
deleted text begin
businesses
deleted text end
new text begin
business
new text end
and
deleted text begin
shall
deleted text end
new text begin
must
new text end
have
new text begin
a
new text end
separate
deleted text begin
entrances
deleted text end
deleted text begin
.
deleted text end
new text begin
entrance from the

school. If a salon or business is located on the same premises as a school: (1) staff of the

salon or business must not provide services or training in the space used by the school; and

(2) staff and students of the school must not provide services or training in the space used

by the salon or business.
new text end

Nothing contained in sections
155A.21
to
155A.36

deleted text begin
shall prevent
deleted text end
new text begin
prevents
new text end
a school from

charging for student work done in the school to cover the cost of materials used and expenses

incurred in and for the operation of the school. All of the student work
deleted text begin
shall
deleted text end
new text begin
must
new text end
be

prominently and conspicuously advertised and held forth as being student work and not

otherwise.

Sec. 26.

Minnesota Statutes 2024, section 155A.30, subdivision 11, is amended to read:

Subd. 11.

Instruction requirements.

(a) Instruction may be offered for no more than

ten hours per day per student.

(b) Instruction must be given within a licensed school building
new text begin
except as provided in

paragraphs (c) and (d)
new text end
.
deleted text begin
Online instruction is permitted for board-approved theory-based

classes.
deleted text end

new text begin

(c) A school may offer online instruction for theory-based portions of training. A school

must not give
new text end
practice-based
deleted text begin
classes must not be given
deleted text end
new text begin
training
new text end
online.

new text begin

(d) A school may offer activities related to the training for industry educational purposes

outside of a school building when accompanied by an instructor for a maximum of one

percent of the total training hours for a course.

new text end

Sec. 27.

Minnesota Statutes 2024, section 155A.30, subdivision 12, is amended to read:

Subd. 12.

Minnesota state authorization.

A cosmetology school licensed or applying

for licensure under this section
deleted text begin
shall
deleted text end
new text begin
must
new text end
maintain recognition as an institution of

postsecondary study by meeting the following conditions, in addition to Minnesota Rules,

part
2110.0310
:

(1) the school must admit as regular students only those individuals who have a high

school diploma or a diploma based on passing commissioner of education-selected high

school equivalency tests or their equivalent, or who are beyond the age of compulsory

education as prescribed by section
120A.22
; and

(2) the school must be licensed by name and authorized by the Office of Higher Education

and the board to offer one or more training programs beyond the secondary level.

Sec. 28.

Minnesota Statutes 2024, section 155A.31, is amended to read:

155A.31 INSPECTIONS.

The board is responsible for inspecting salons and schools licensed pursuant to sections

155A.21
to
155A.36
to assure compliance with the requirements of sections
155A.21
to

155A.36
. The board
deleted text begin
shall
deleted text end
new text begin
must
new text end
direct board resources first to the inspection of those licensees

who fail to meet the requirements of law, have indicated that they present a greater risk to

the public, or have otherwise, in the opinion of the board, demonstrated that they require a

greater degree of regulatory attention.

Sec. 29.

Minnesota Statutes 2024, section 155A.32, is amended to read:

155A.32 DISPLAY OF LICENSE.

Every holder of a license granted by the board
deleted text begin
shall
deleted text end
new text begin
must
new text end
display
deleted text begin
it
deleted text end
new text begin
the license
new text end
in a

conspicuous place in the place of business.

Sec. 30.

Minnesota Statutes 2024, section 155A.33, subdivision 1, is amended to read:

Subdivision 1.

Proceedings.

If the board, or a complaint committee if authorized by the

board, has a reasonable basis for believing that a person has engaged in or is about to engage

in a violation of a statute, rule, or order that the board has adopted or issued or is empowered

to enforce, the board or complaint committee may proceed as provided in subdivision 2 or

3. Except as otherwise provided in this section, all hearings must be conducted in accordance

with
deleted text begin
the Administrative Procedure Act
deleted text end
new text begin
chapter 14
new text end
.

Sec. 31.

Minnesota Statutes 2024, section 155A.33, subdivision 2, is amended to read:

Subd. 2.

Legal actions.

(a) When necessary to prevent an imminent violation of a statute,

rule, or order that the board has adopted or issued or is empowered to enforce, the board,

or a complaint committee if authorized by the board, may bring an action in the name of

the state in the District Court of Ramsey County in which jurisdiction is proper to enjoin

the act or practice and to enforce compliance with the statute, rule, or order. On a showing

that a person has engaged in or is about to engage in an act or practice that constitutes a

violation of a statute, rule, or order that the board has adopted or issued or is empowered

to enforce, the court
deleted text begin
shall
deleted text end
new text begin
must
new text end
grant a permanent or temporary injunction, restraining order,

or other appropriate relief.

(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when

the board shows that a person has engaged in or is about to engage in an act or practice that

constitutes violation of a statute, rule, or order that the board has adopted or issued or is

empowered to enforce.

(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person

from criminal prosecution by a competent authority, or from action by the board under

subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application

for examination, license, registration, or renewal.

Sec. 32.

Minnesota Statutes 2024, section 155A.33, subdivision 3, is amended to read:

Subd. 3.

Cease and desist orders.

(a) The board, or complaint committee if authorized

by the board, may issue and have served upon an unlicensed or unregistered person, or a

holder of a license or registration, an order requiring the person to cease and desist from an

act or practice that constitutes a violation of a statute, rule, or order that the board has adopted

or issued or is empowered to enforce. The order must (1) give reasonable notice of the rights

of the person named in the order to request a hearing, and (2) state the reasons for the entry

of the order. No order may be issued under this subdivision until an investigation of the

facts has been conducted under section
214.10
.

(b) Service of the order under this subdivision is effective when the order is personally

served on the person or counsel of record, or served by certified mail to the most recent

address provided to the board for the person or counsel of record.

(c) The board must hold a hearing under this subdivision not later than 30 days after the

board receives the request for the hearing, unless otherwise agreed between the board, or

complaint committee if authorized by the board, and the person requesting the hearing.

(d) Notwithstanding any rule to the contrary, the administrative law judge must issue a

report within 30 days of the close of the contested case hearing. Within 30 days after

receiving the report and subsequent exceptions and argument, the board
deleted text begin
shall
deleted text end
new text begin
must
new text end
issue a

further order vacating, modifying, or making permanent the cease and desist order. If no

hearing is requested within 30 days of service of the order, the order becomes final and

remains in effect until modified or vacated by the board.

Sec. 33.

Minnesota Statutes 2024, section 155A.33, subdivision 4, is amended to read:

Subd. 4.

Licensing and registration actions.

(a) With respect to a person who is a

holder of or applicant for a license or registration under this chapter, the board may by order

deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or

registration, censure or reprimand the person, refuse to permit the person to sit for

examination, or refuse to release the person's examination grades, if the board finds that

such an order is in the public interest and that, based on a preponderance of the evidence

presented, the person has:

(1) violated a statute, rule, or order that the board has adopted or issued or is empowered

to enforce;

(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, related to the

practice of a profession regulated by this chapter, if the fraudulent, deceptive, or dishonest

conduct or acts reflect adversely on the person's ability or fitness to engage in the practice

of the profession;

(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate

incompetence, or are otherwise in violation of the standards in the rules of the board, where

the conduct or acts relate to the practice of a profession regulated by this chapter;

(4) employed fraud or deception in obtaining a license, registration, renewal, or

reinstatement, or in passing all or a portion of the examination;

(5) had a license, registration, right to examine, or other similar authority revoked in

another jurisdiction;

(6) failed to meet any requirement for issuance or renewal of the person's license or

registration;

(7) advertised by means of false or deceptive statements;

(8) performed licensed services while consuming or under the influence of an intoxicant

or controlled substance;

(9) demonstrated unprofessional conduct or practice;

(10) permitted an unlicensed person under the person's supervision or control to offer

or practice services regulated by this chapter for compensation;

(11) practices, offered to practice, or attempted to practice by misrepresentation;

(12) failed to display a license or permit as required by rules adopted by the board;

(13) violated the board's rules governing infection control;

(14) refused to permit the board to make an inspection permitted or required by this

chapter, or failed to provide the board or the attorney general on behalf of the board with

any documents or records they request; or

(15) with respect to temporary suspension orders, has committed an act, engaged in

conduct, or committed practices that the board, or complaint committee if authorized by

the board, has determined may result or may have resulted in an immediate threat to the

public.

(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a

condition of continued licensure or registration, termination of suspension, reinstatement

of licensure or registration, examination, or release of examination results, require that the

person:

(1) submit to a quality review of the person's ability, skills, or quality of work, conducted

in a manner and by a person or entity that the board determines; or

(2) completes to the board's satisfaction continuing education as the board requires.

deleted text begin

(c) Service of an order under this subdivision is effective if the order is served in person,

or is served by certified mail to the most recent address provided to the board by the licensee,

registrant, applicant, or counsel of record. The order must state the reason for the entry of

the order.

deleted text end

new text begin

(c) The board or complaint committee, if authorized by the board, may issue an order

under this subdivision. The order may include conditions under paragraph (b) and civil

penalties and fees permitted under subdivision 6. The order may require a person to cease

and desist from acting in violation of paragraph (a). The order must include:

new text end

new text begin

(1) a summary of the facts that constitute each violation;

new text end

new text begin

(2) the applicable law that has been violated;

new text end

new text begin

(3) the licensing or registration action taken under paragraph (a); and

new text end

new text begin

(4) a notice to the individual that unless the individual requests a hearing within 30 days

of service of the order, the order becomes a final order of the board.

new text end

new text begin

(d) If an order under this subdivision assesses civil penalties, the order must include a

statement that, when the order becomes final, the board may file and enforce any unpaid

amount of a penalty as a judgment in district court without further notice or additional

proceedings.

new text end

new text begin

(e) A person issued an order under this subdivision may request a hearing within 30

days of the date the order is served. If a person's written request for a hearing is not received

within 30 days of the date of service of the order, the order becomes a final order and is not

subject to review by any court or agency. If a person submits to the board a timely request

for hearing, the order is stayed pending a final order. The request for a hearing under this

paragraph must:

new text end

new text begin

(1) be in writing;

new text end

new text begin

(2) provide the reason for the person's request for a hearing; and

new text end

new text begin

(3) be mailed or delivered to the board within 30 days of service of the order.

new text end

new text begin

(f) An order under this subdivision must be personally served or sent by first-class or

certified mail to the most recent address provided to the board by the licensee or applicant

according to Minnesota Rules, part 1400.5550, subparts 2 and 3.

new text end

deleted text begin

(d)
deleted text end
new text begin
(g)
new text end
Except as provided in subdivision 5, paragraph (c), all hearings under this

subdivision must be conducted in accordance with
deleted text begin
the Administrative Procedure Act
deleted text end
new text begin
chapter

14
new text end
.

new text begin

(h) Nothing in this chapter prevents the board from resolving any violation through

informal disposition under section 14.59.

new text end

Sec. 34.

Minnesota Statutes 2024, section 155A.33, subdivision 5, is amended to read:

Subd. 5.

Temporary suspension.

(a) When the board, or complaint committee if

authorized by the board, issues a temporary suspension order, the suspension provided for

in the order is effective on service of a written copy of the order on the licensee, registrant,

or counsel of record. The order must specify the statute, rule, or order violated by the licensee

or registrant. The order remains in effect until the board issues a final order in the matter

after a hearing, or on agreement between the board and the licensee or registrant.

(b) An order under this subdivision may (1) prohibit the licensee or registrant from

engaging in the practice of a profession regulated by the board in whole or in part, as the

facts require, and (2) condition the termination of the suspension on compliance with a

statute, rule, or order that the board has adopted or issued or is empowered to enforce. The

order must state the reasons for entering the order and must set forth the right to a hearing

as provided in this subdivision.

(c) Within ten days after service of an order under this subdivision, the licensee or

registrant may request a hearing in writing. The board must hold a hearing before its own

members within five working days of the request for a hearing. The sole issue at the hearing

must be whether there is a reasonable basis to continue, modify, or terminate the temporary

suspension. The hearing is not subject to
deleted text begin
the Administrative Procedure Act
deleted text end
new text begin
chapter 14
new text end
.

Evidence presented to the board or the licensee or registrant may be in affidavit form only.

The licensee, registrant, or counsel of record may appear for oral argument.

(d) Within five working days after the hearing, the board
deleted text begin
shall
deleted text end
new text begin
must
new text end
issue its order and,

if the order continues the suspension,
deleted text begin
shall
deleted text end
new text begin
must
new text end
schedule a contested case hearing within

30 days of the issuance of the order. Notwithstanding any rule to the contrary, the

administrative law judge
deleted text begin
shall
deleted text end
new text begin
must
new text end
issue a report within 30 days after the closing of the

contested case hearing record. The board
deleted text begin
shall
deleted text end
new text begin
must
new text end
issue a final order within 30 days of

receiving the report.

Sec. 35.

Minnesota Statutes 2024, section 155A.33, subdivision 6, is amended to read:

Subd. 6.

Violations; penalties; costs.

(a) The board may impose a civil penalty of up

to $2,000 per violation on a person who violates a statute, rule, or order that the board has

adopted or issued or is empowered to enforce.

(b) In addition to any penalty under paragraph (a), the board may impose a fee to

reimburse the board for all or part of the cost of (1) the proceedings resulting in disciplinary

action authorized under this section, (2) the imposition of a civil penalty under paragraph

(a), or (3) the issuance of a cease and desist order. The board may impose a fee under this

paragraph when the board shows that the position of the person who has violated a statute,

rule, or order that the board has adopted or issued or is empowered to enforce is not

substantially justified unless special circumstances make such a fee unjust, notwithstanding

any rule to the contrary. Costs under this paragraph include, but are not limited to, the

amount paid by the board for services from the
deleted text begin
Office
deleted text end
new text begin
Court
new text end
of Administrative Hearings,

attorney fees, court reporter costs, witness costs, reproduction of records, board members'

compensation, board staff time, and expenses incurred by board members and staff.

(c) All hearings under this subdivision must be conducted in accordance with
deleted text begin
the

Administrative Procedure Act
deleted text end
new text begin
chapter 14
new text end
.

Sec. 36.

Minnesota Statutes 2024, section 155A.33, is amended by adding a subdivision

to read:

new text begin

Subd. 8.

new text end

new text begin

Corrective action.

new text end

new text begin

(a) When the board or complaint committee, if authorized

by the board, determines that a complaint alleging that an applicant or a licensee violated

this chapter, rules adopted under this chapter, or an order issued by the board may be

appropriately resolved through corrective action, the board or complaint committee may

enter into an agreement for corrective action with an applicant or a licensee.

new text end

new text begin

(b) An agreement for corrective action must:

new text end

new text begin

(1) be in writing;

new text end

new text begin

(2) describe the facts upon which the agreement is based;

new text end

new text begin

(3) describe the corrective action agreed upon by the board or complaint committee and

the applicant or licensee; and

new text end

new text begin

(4) state that the complaint upon which the agreement was based must be dismissed by

the board or complaint committee when the board or committee finds that the applicant or

licensee has successfully performed the corrective action.

new text end

new text begin

(c) The board or complaint committee may determine that the applicant or licensee has

successfully performed the corrective action if the applicant or licensee submits a request

for dismissal that documents the applicant's or licensee's successful performance of the

corrective action.

new text end

new text begin

(d) An agreement under this subdivision is not disciplinary action. An agreement under

this section is public data under chapter 13.

new text end

new text begin

(e) The board may assess a fee on an applicant or a licensee to reimburse the board for

costs related to the corrective action. The board must include a fee under this paragraph in

the corrective action agreement.

new text end

new text begin

(f) If an applicant or a licensee fails to successfully perform the corrective action within

the time specified in the agreement, the matter may be resolved through any enforcement

action authorized under this section.

new text end

Sec. 37.
new text begin
REVISOR INSTRUCTION.
new text end

new text begin

The revisor of statutes must change the term "Board of Cosmetologist Examiners" to

"Board of Cosmetology" wherever the term appears in Minnesota Statutes.

new text end

Sec. 38.
new text begin
REPEALER.
new text end

new text begin

(a)

new text end

new text begin

Minnesota Statutes 2024, section 155A.275,

new text end

new text begin

is repealed.

new text end

new text begin

(b)

new text end

new text begin

Laws 2017, First Special Session chapter 4, article 1, section 29,

new text end

new text begin

is repealed.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-06035

155A.275 SPECIAL EVENTS.

Subdivision 1.

Special event services.

For purposes of this section, "special event services" means services rendered for compensation and performed at a location other than a licensed salon. These services are limited to the practice of nonpermanent manipulation of the hair, including: styling, setting, reinforcing, or extending the hair; the application of nail polish to the nails; and the application of makeup to the skin.

Subd. 2.

Special event services permit.

(a) No person shall perform special event services without first obtaining a special event services permit from the board. To be eligible for a special event services permit, a person must have a valid manager's license issued by the board under the authority of section
155A.27
.

(b) An individual applying for a special event services permit must submit to the board, on a form approved by the board, an application for a special event services permit.

(c) An individual providing services under a special event services permit may only perform services within the individual's specific field of licensure and as defined by the permit. The services provided pursuant to the special event services permit must comply with the requirements of this chapter and all federal, state, and local laws.

Repealed Minnesota Session Laws: 26-06035

Laws 2017, First Special Session chapter 4, article 1, section 29

Sec. 29.
new text begin
BOARD OF COSMETOLOGIST EXAMINERS
new text end

new text begin

$

new text end

new text begin

2,775,000

new text end

new text begin

$

new text end

new text begin

2,785,000

new text end

new text begin

The executive director must report quarterly to the chairs and ranking minority members of the committees in the house of representatives and senate with jurisdiction over state government finance on the number of inspections conducted by license type in the past quarter, number and percent of total salons and schools inspected within the last year, total number of licensees by type, and the number of inspectors employed by the board. The first report must be submitted by July 15, 2017.

new text end