Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board to practice barbering before the individual may practice barbering in the State.
If an individual holds the appropriate barber–stylist limited license, the individual may practice barbering in a manner limited to providing barber–stylist services.
This section does not apply to:
a student while the student practices barbering or provides barber–stylist services in accordance with § 4–301.1 or § 4–301.2 of this subtitle;
a registered apprentice barber; or
an individual authorized in the discretion of the Board to practice barbering or to provide barber–stylist services under special circumstances.
Subject to the provisions of this subsection, a student who has completed at least 80 hours of training at a school of barbering may practice barbering or provide barber–stylist services, without a license, at the school.
A student may practice barbering or provide barber–stylist services under this subsection only:
in the course of the practical work required as part of the training of the student;
while the student is under the direct supervision of a teacher who meets the requirements established by the Department of Education for public school programs or the Maryland Higher Education Commission for private school programs; and
if the individual to whom a service is to be provided agrees to the service after being informed that a student in training is to provide the service.
Subject to the provisions of this subsection, a student who has completed at least 850 hours of training at a school of barbering may practice barbering or provide barber–stylist services, without a license, in a:
hospital;
nursing home; or
correctional facility that does not house a barber school.
A student may practice barbering or provide barber–stylist services under this subsection only:
in the course of the practical work required as part of the training of the student;
while the student is under the direct supervision of a teacher who meets the requirements established by the Department of Education for public school programs or the Maryland Higher Education Commission for private school programs; and
if the individual to whom a service is to be provided:
is confined to a hospital, nursing home, or correctional facility that does not house a barber school; and
agrees to the service after being informed that a student in training is to provide the service.
Subject to the provisions of this section, a student who has completed at least 850 hours of training while enrolled in public school courses in barbering may practice barbering or provide barber–stylist services without a license.
A student may practice barbering or provide barber–stylist services under this section only if the student:
is enrolled in an approved barbering program and has a record of satisfactory school performance and school attendance, as determined by the local education agency;
has a letter of authorization signed by the student’s teacher or work–study coordinator, to practice barbering or to provide barber–stylist services in a specific licensed barbershop;
practices barbering or provides barber–stylist services only in that specific licensed barbershop; and
while practicing barbering or providing barber–stylist services, works under the direct supervision of an individual who is a licensed master barber who agrees to periodically report on the progress of the student to the barbering teacher or the work–study coordinator.
Under this section, there may not be more than three students working under the supervision of a licensed master barber.
A barbershop may pay a student for work authorized under this section.
A student authorized under this section to practice barbering or to provide barber–stylist services without a license shall conspicuously display a letter of authorization, as required by this section, at the student’s work station in the specified licensed barbershop.
To qualify for a license to practice barbering or a barber–stylist limited license, an applicant shall be an individual who meets the requirements of this section.
An applicant for a barber license shall have completed successfully:
a required program of at least 1,200 hours of training in a barber school that is approved by the State Department of Education or the Maryland Higher Education Commission, in consultation with the Board; or
an apprenticeship of at least 2,250 hours within 2 years in a barbershop that holds a barbershop permit under the supervision of a master barber; and
1 hour of in–person or virtual training in domestic violence awareness under § 4–302.1 of this subtitle.
If the applicant for a barber license is an individual trained and currently licensed as a cosmetologist in the State, the Board shall:
credit the applicant with having met one–half of the training requirement of paragraph (1)(i) of this subsection; and
determine the manner in which the credit will be applied.
The Board may credit an applicant with the number of hours of training the applicant completes in a barber school toward the number of hours required for an apprenticeship if the barber school where the applicant completes the training:
is located in a detention center or correctional facility; and
is approved by the State Department of Education or the Maryland Higher Education Commission; or
has a curriculum similar to one that is approved by the State Department of Education or the Maryland Higher Education Commission.
The Board may not credit more than 600 hours of training to an individual under paragraph (3) of this subsection.
An applicant for a barber–stylist limited license shall have completed successfully:
a required program of at least 900 hours of training in a barber school that is approved by the State Department of Education or the Maryland Higher Education Commission, in consultation with the Board; or
an apprenticeship of at least 1,650 hours within 18 months in a barbershop that holds a barbershop permit under the supervision of a master barber; and
1 hour of in–person or virtual training in domestic violence awareness under § 4–302.1 of this subtitle.
If the applicant for a barber–stylist license is an individual trained and currently licensed as a cosmetologist in the State, the Board shall:
credit the applicant with having met one–half of the training requirement of paragraph (1)(i) of this subsection; and
determine the manner in which the credit will be applied.
The Board may credit an applicant with the number of hours of training the applicant completes in a barber school toward the number of hours required for an apprenticeship if the barber school where the applicant completes the training:
is located in a detention center or correctional facility; and
is approved by the State Department of Education or the Maryland Higher Education Commission; or
has a curriculum similar to one that is approved by the State Department of Education or the Maryland Higher Education Commission.
The Board may not credit more than 450 hours of training to an individual under paragraph (3) of this subsection.
An applicant for a master barber license shall have at least 15 months of experience as a barber.
Except as otherwise provided in this subtitle, an applicant for a master barber license shall pass an examination given by the Board or the Board’s designee under this subtitle.
Except as otherwise provided in this subtitle, an applicant for a barber license shall pass an examination given by the Board or the Board’s designee under this subtitle.
Except as otherwise provided in this subtitle, an applicant for a barber–stylist limited license shall pass an examination given by the Board or the Board’s designee under this subtitle.
The Department shall approve training programs that an individual may complete to satisfy the domestic violence awareness training requirements of this title.
A training program approved under subsection (a) of this section must:
be offered in person and virtually;
include guidance on:
recognizing the signs of domestic violence;
strategies to navigate conversations with clients who may be victims of domestic violence;
how to listen to and communicate with victims of domestic violence; and
connecting clients with resources and support groups for victims of domestic violence; and
have a duration of at least 1 hour.
An applicant for a license shall:
submit to the Board an application on the form that the Board provides; and
pay to the Board an examination fee established by the Board in an amount not to exceed the cost of the required examination.
Except as otherwise provided in § 4–304.1 of this subtitle, an applicant is entitled to be examined as provided in this section if the applicant:
otherwise qualifies for a license under this title; and
pays an examination fee established by the Board in accordance with § 4–303 of this subtitle to the Board or the Board’s designee.
The Board periodically shall give examinations to applicants at the times and places that the Board determines.
The Board shall give each qualified applicant notice of the time and place of examination.
The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this subtitle.
An examination may consist of written and practical parts.
Subject to § 2–110 of the Business Regulation Article, an applicant whose primary language is not English may use a Board approved interpreter for the written part of an examination, but not for the practical part of an examination.
The passing of the practical part of an examination without an interpreter demonstrates that the applicant possesses sufficient command of English to understand and properly respond to an English–speaking customer.
Subject to § 2–110 of the Business Regulation Article, in the case of an applicant who demonstrates dyslexia or other reading impairment to the Board:
the Board may grant 1 or both of the following:
additional time to complete all or part of the examination; or
oral examination for all or part of the written part of the examination; and
the Board shall approve for licensing an applicant who:
passes the examination; and
demonstrates to the Board that the applicant’s dyslexia or other reading impairment, if any, does not significantly impair the applicant’s ability to function as a licensee.
If an applicant fails to appear for a scheduled examination, the Board may require the applicant to pay another examination fee under § 4–303 of this subtitle before rescheduling an examination for the applicant.
The Board may use a testing service to administer examinations given under this title.
If the Board uses a testing service, the testing service, subject to the requirements set by the Board, may:
set the time and place of examinations;
give qualified applicants notice of the time and place of examinations; and
furnish any other information that the Board may require the testing service to provide.
The Board or the Board’s designees shall mail or electronically transmit to each applicant notice of the applicant’s examination results.
Subject to the provisions of this section and of § 4–306 of this subtitle, the Board may waive any requirement of this subtitle for an individual who is licensed to practice barbering or to provide barber–stylist services in another state.
The Board may grant a waiver under this section only if the applicant:
pays the examination fee required under § 4–303 of this subtitle;
provides adequate evidence that the applicant has been licensed as a barber–stylist, barber, or master barber, whichever is applicable, in another state for at least the 6 months immediately preceding the filing of the application; and
passes the applicable examination.
Subject to the provisions of this section, the Board may waive any examination requirement of this subtitle for:
an applicant for a master barber or a barber license who is licensed to practice barbering in another state; or
an applicant for a barber–stylist limited license who is licensed to provide barber–stylist services in another state.
The Board may grant a waiver under this section only if:
the applicant pays the application fee set by the Board under § 4–206 of this title and any applicable examination fee required under § 4–303 of this subtitle for any examination requirement that is not waived by the Board;
the applicant provides adequate evidence that the applicant:
meets the qualifications otherwise required by this subtitle; and
became licensed in the other state after passing, in that or any other state, an examination that is similar to the examination for which the applicant is seeking the waiver;
the applicant practiced barbering in the other state as a master barber or barber or provided barber–stylist services in the other state as a barber–stylist during the 2 years immediately before applying in this State;
the applicant provides:
a notarized statement from a previous employer certifying that the applicant has the experience required under item (3) of this subsection; or
if the applicant was self–employed, other proof that is acceptable to the Board;
the applicant submits a letter from the licensing board of the other state certifying that the applicant is in good standing with the board of the other state; and
the applicant certifies in writing that the applicant has read, understands, and will comply with the provisions of this title and the regulations of the Board.
Subject to the provisions of this section, the Board may waive the written part of the master barber, barber, or barber–stylist examination for an individual who is licensed to practice barbering or to provide barber–stylist services in a foreign country.
Subject to subsection (c) of this section, the Board may grant a waiver under this section only if the applicant:
pays the examination fee required under § 4–303 of this subtitle that is attributable to the practical part of the examination;
passes the practical part of the master barber, barber, or barber–stylist examination given by the Board; and
provides adequate evidence that, at the time the applicant was licensed in the foreign country, the applicant was required to pass an examination and meet qualifications that were substantially equivalent to those then required by the laws of this State.
To meet a minimum standard of training, the Board may require:
an applicant licensed to practice barbering in a foreign country to complete successfully a required program of training in the practice of barbering not exceeding 1,200 hours; or
an applicant licensed to provide barber–stylist services in a foreign country to complete successfully a required program of training in the provision of barber–stylist services not exceeding 900 hours.
If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that:
the applicant has qualified for a license; and
the Board will issue the license to the applicant, on receipt of the appropriate license fee established by the Board in accordance with § 4-206 of this title.
On payment of the appropriate license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle.
Subject to § 4–605 of this title, while a master barber license is in effect, it authorizes the licensee to:
practice barbering; and
supervise an apprentice barber.
Subject to § 4–605 of this title, while a barber license is in effect, it authorizes the licensee to practice barbering.
Subject to § 4–605 of this title, while a barber–stylist limited license is in effect, it authorizes the licensee to provide barber–stylist services.
The initial term of a license is 2 years.
A license expires on the date set by the Board unless the license is renewed for an additional term as provided in this section.
At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:
a renewal application form; and
a notice that states:
the date on which the current license expires; and
the amount of the renewal fee.
If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.
Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:
otherwise is entitled to be licensed;
pays to the Board a renewal fee established by the Board in accordance with § 4–206 of this title; and
submits to the Board a renewal application on the form that the Board provides.
The Board shall renew the license of and issue a renewal certificate to each licensee who meets the requirements of this section.
The Board shall reinstate the license of an individual who, for any reason, has failed to renew the license if the individual:
applies to the Board for reinstatement within 5 years after the license expires;
meets the renewal requirements for that license under § 4-310 of this subtitle; and
pays to the Board a reinstatement fee established by the Board in accordance with § 4-206 of this title, in addition to the renewal fee required under § 4-310 of this subtitle.
If an individual has failed to renew a license for any reason and then applies to the Board for reinstatement more than 5 years after the license has expired, the Board shall reinstate the license only if the individual:
meets the renewal requirements for that license under § 4-310 of this subtitle;
pays to the Board a reinstatement fee established by the Board in accordance with § 4-206 of this title, in addition to the renewal fee required under § 4-310 of this subtitle; and
passes the examination required by the Board.
Each licensee shall display the license conspicuously in the barbershop where the licensee practices barbering or provides barber–stylist services.
Subject to the hearing provisions of § 4–315 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:
fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
fraudulently or deceptively uses a license;
is incompetent;
habitually is intoxicated or under the influence of any drug;
falsifies a record submitted to the Board;
fails to use proper sanitary methods while practicing barbering;
fails to keep a barbershop in a sanitary condition;
under the laws of the United States or of any state, is convicted of:
a felony; or
a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice barbering or to provide barber–stylist services;
violates any provision of this title or any regulation adopted by the Board under this title; or
fails to pay a civil penalty imposed by the Board under § 4–608 of this title.
Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $300 for all violations cited on a single date.
To determine the amount of the penalty under this subsection, the Board shall consider:
the seriousness of the violation;
the good faith of the violator;
the violator’s history of previous violations;
the deleterious effect of the violation on the complainant, the public, and the barber industry; and
any other factors relevant to the determination of the financial penalty.
The Board shall pay any penalty collected under this subsection into the General Fund of the State.
The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(viii) of this section:
the nature of the crime;
the relationship of the crime to the activities authorized by the license;
with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice barbering or to provide barber–stylist services;
the length of time since the conviction; and
the behavior and activities of the applicant or licensee before and after the conviction.
The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.
A complaint shall:
be in writing;
include the name and necessary contact information of the individual filing the complaint, as determined by the Board;
state specifically the facts on which the complaint is based;
be submitted to the Executive Director of the Board; and
be served on the person to whom it is directed:
personally; or
by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.
If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.
If a complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.
Except as provided in subsection (f) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 4–315 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.
If the Board does not make the finding, the Board shall dismiss the complaint.
If the Board makes the finding under subsection (e)(1) of this section for a violation that relates to the sanitary practice of barbering or the provision of barber–stylist services, the Board shall provide the licensee an opportunity to correct the alleged violation.
If the licensee fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 4–315 of this subtitle.
If the licensee corrects each alleged violation within 10 days of notice, the Board shall:
dismiss the complaint; and
provide the licensee written notification of the dismissal.
Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 4-314 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
The Board may administer oaths in connection with any proceeding under this section.
The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 10 days before the hearing.
If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.