49 Pa. Code § 43b.405 - Restricted licenses for barbers and cosmetologists
(a) As an alternative to refusing to issue or
renew, suspending, revoking or limiting a license to practice barbering or
cosmetology of an applicant who has a criminal conviction that may be an
impediment to licensure, the State Board of Barber Examiners and the State
Board of Cosmetology may grant a restricted license to an applicant who
demonstrates, to the relevant board's satisfaction, the following, as
applicable:
(1) While incarcerated, the
individual maintained a record of good behavior, including successful
completion of any required rehabilitative programming offered by a county
correctional facility or the Department of Corrections.
(2) If incarcerated by a county correctional
facility or the Department of Corrections and enrolled in a barber or
cosmetology training program, the individual has successfully completed the
requisite education or training requirements of the program.
(3) The individual has not been found to be
in violation of probation or parole.
(4) The individual has demonstrated a
commitment to living a law-abiding life, which may be established by one or
more of the following:
(i) A personal
statement of the individual detailing the individual's efforts at
rehabilitation since the conviction.
(ii) A letter of recommendation from the
individual's probation officer, parole officer or appropriate official within
the county correctional facility or the Department of Corrections.
(iii) A letter or letters of recommendation
from members of the community with knowledge of the individual's efforts at
rehabilitation since the conviction.
(iv) A letter of recommendation from a
licensed barber or cosmetologist with knowledge of the individual's efforts at
rehabilitation since the conviction.
(v) Other relevant evidence of the
individual's commitment to living a law-abiding
life.
(b) A
restricted license will be issued for a term of not less than 1 year and not
more than 2 years, at the discretion of the applicable board.
(c) The order granting a restricted license
will set forth the conditions imposed by the applicable board, which may
include any of the following:
(1) A
limitation on the scope of the restricted license holder's practice.
(2) A limitation on the location of the
restricted license holder's practice.
(3) A requirement that the restricted license
holder be subject to the direct, on-premises supervision of a licensed
manager-barber or a licensee designated in charge of the barber shop or a
licensed cosmetology teacher, salon owner or designated licensee in charge of
the salon, as applicable, during regular business hours, excluding breaks. A
restricted license holder who is subject to supervision under this paragraph
shall notify the applicable board in writing within 10 business days of a
change in supervisor.
(4) Other
conditions that the applicable board deems appropriate.
(d) Within 30 days of the conclusion of the
term of the restricted license, the restricted license holder shall petition
for termination of the period of restriction and issuance of an unrestricted
license and shall certify that the restricted license holder has complied with
all conditions imposed by the applicable board under subsection (c). If subject
to supervision under subsection (c)(3), the restricted license holder's
supervisor shall submit, within 30 days of the conclusion of the term of the
restricted license, a letter to the applicable board providing notice as to
whether the restricted license holder complied with all conditions imposed by
the applicable board. If the restricted license holder has more than one
supervisor during the period of restriction, each supervisor shall submit a
separate letter.
(e) A restricted
license is subject to disciplinary action for violations of the applicable
board's act or regulations.
(1) In addition,
under
63 Pa.C.S. §
3112(d) (relating to
restricted licenses for barbers and cosmetologists), a restricted license will
be immediately revoked if any of the following occurs:
(i) The restricted license holder is
convicted of an offense graded as a misdemeanor or felony in this Commonwealth
or a similar or equivalent offense in another jurisdiction after the issuance
of the restricted license.
(ii) The
restricted license holder fails to comply with any of the conditions imposed by
the applicable board under subsection (c).
(2) The restricted license holder will be
afforded a post-deprivation hearing before the Board or a hearing examiner to
challenge the revocation of the restricted license.
(f) As used in this section, "board" means
the State Board of Barber Examiners or the State Board of
Cosmetology.
Notes
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