7301.  This chapter constitutes the chapter on hair, skin, nail
care, and electrolysis and may be known and cited as the Barbering
and Cosmetology Act.
   The term "board" as used in this chapter refers to the Director of
the Department of Consumer Affairs, or his or her designee, as
provided in this chapter.


7302.  The following definitions shall apply for purposes of this
chapter:
   (a) "Department" means the Department of Consumer Affairs.
   (b) "Director" means the Director of Consumer Affairs.
   (c) "Bureau" means the Bureau of Barbering and Cosmetology.
   (d) "Bureau chief" means the bureau chief of the Bureau of
Barbering and Cosmetology.



7303.  There is in the Department of Consumer Affairs a Bureau of
Barbering and Cosmetology under the supervision and control of the
director.
   The director may appoint a bureau chief at a salary to be
determined and fixed by the director with the approval of the
Director of Finance.  The bureau chief shall serve at the pleasure
of, and under the direction and supervision of, the director.
   Every power granted to or duty imposed upon the director under
this chapter may be exercised or performed in the name of the
director by a deputy director or by the bureau chief, subject to the
conditions and limitations prescribed by the director.




7304.  The bureau shall be subject to review pursuant to Division
1.2 (commencing with Section 473).



7309.  The bureau shall establish a principal office, and may
establish branch offices and examination facilities in the state as
may be deemed necessary for the bureau to conduct its business.



7311.  The director shall adopt and use a common seal for the
authentication of the bureau's records.



7312.  The director shall do all of the following:
   (a) Make rules and regulations in aid or furtherance of this
chapter in accordance with the Administrative Procedure Act.
   (b) Conduct and administer examinations of applicants for
licensure.
   (c) Issue licenses to those applicants that may be entitled
thereto.
   (d) Discipline persons who have been determined to be in violation
of this chapter or the regulations adopted pursuant to this chapter.

   (e) Adopt rules governing sanitary conditions and precautions to
be employed as are reasonably necessary to protect the public health
and safety in establishments, schools approved by the bureau, and in
the practice of any profession provided for in this chapter.  The
rules shall be adopted in accordance with the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of Title 2
of the Government Code, and shall be submitted to the State
Department of Health Services and approved by that department prior
to filing with the Secretary of State.  A written copy of all those
rules shall be furnished to each licensee.



7313.  (a) (1) To ensure compliance with the laws and regulations of
this chapter, the board's executive officer and authorized
representatives shall, except as provided by Section 159.5, have
access to, and shall inspect, any establishment or mobile unit at any
time in which barbering, cosmetology, or electrolysis are being
performed.  It is the intent of the Legislature that inspections be
conducted on Saturdays and Sundays as well as weekdays, if collective
bargaining agreements and civil service provisions permit.
   (2) The board shall maintain a program of random and targeted
inspections of establishments to ensure compliance with applicable
laws relating to the public health and safety and the conduct and
operation of establishments.  The board or its authorized
representatives shall inspect establishments to reasonably determine
compliance levels and to identify market conditions that require
targeted enforcement.  The board shall not reduce the number of
employees assigned to perform random inspections, targeted
inspections, and investigations relating to field operations below
the level funded by the annual Budget Act and described in supporting
budget documents, and shall not redirect funds or personnel-years
allocated to those inspection and investigation purposes to other
purposes.
   (b) To ensure compliance with health and safety requirements
adopted by the board, the executive officer and authorized
representatives shall, except as provided in Section 159.5, have
access to, and shall inspect the premises of, all schools in which
the practice of barbering, cosmetology, or electrolysis is performed
on the public.  Notices of violation shall be issued to schools for
violations of regulations governing conditions related to the health
and safety of patrons.  Each notice shall specify the section
violated and a timespan within which the violation must be corrected.
  A copy of the notice of violation shall be provided to the Council
for Private Postsecondary and Vocational Education.
   (c) With prior written authorization from the board or its
executive officer, any member of the board may enter and visit, in
his or her capacity as a board member, any establishment, during
business hours or at any time when barbering, cosmetology, or
electrolysis is being performed.  The visitation by a board member
shall be for the purpose of conducting official board business, but
shall not be used as a basis for any licensing disciplinary action by
the board.



7314.  The bureau shall keep a record of its proceedings relating to
its public meetings, meetings of committees, and records relating to
the issuance, refusal, renewal, suspension and revocation of
licenses.
   The bureau shall keep a registration record of each licensee
containing the name, address, license number and date issued.  This
record shall also contain any facts that the applicants may have
stated in their application for examination for licensure.



7315.  A majority of the board may, in any meeting properly noticed
in accordance with the Bagley-Keene Open Meeting Act, exercise all
the duties and powers devolving upon the board.