GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 564
Committee Substitute Favorable 5/10/89

Short Title:  Cosmetology Board Appointees.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  
─────────────────────────────────────── 

March 14, 1989

A BILL TO BE ENTITLED
AN ACT TO ALLOW ONE MEMBER OF THE STATE BOARD OF COSMETIC ART EXAMINERS TO BE A TEACHER OF COSMETIC ART.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 88-13(a) reads as rewritten: 
	"(a) The State Board of Cosmetic Art Examiners is established to consist of four members appointed by the Governor and two members appointed by the General Assembly on July 1, 1987.  Five members shall be experienced, licensed cosmetologists who have practiced all branches of cosmetic art in this State for at least five years immediately preceding appointment to the Board. Four of these members shall be free of any connection with any cosmetic art school, college, academy, or training school during their service on the Board. Of the four members appointed by the Governor, one shall be a teacher of cosmetic art currently employed as a teacher by a North Carolina public school, community college, or a cosmetic art school, college, academy, or training school and one shall be a person who is not licensed under this Chapter and who shall represent the interest of the public at large."
Sec. 2.  G.S. 88-15 reads as rewritten:
"§ 88-15. Compensation and expenses of Board members; inspectors; reports; budget.
Each member of the Board of Cosmetic Art Examiners shall receive compensation for his services and expenses as provided in G.S. 93B-5 but shall be limited to payment for services deemed to be official business of the Board when such business exceeds three continuous hours per day.  Official business of the Board shall include meetings called by the chairman, supervision or administering of examinations, or investigations or inspections made subject to the regulations cited in the following paragraph. No Board member shall be authorized to attend trade shows or to travel out of the State and no per diem or travel expenses shall be paid for such travel.
Said Board, with the approval of the Director of the Budget, shall  appoint necessary inspectors who shall be experienced in all branches of cosmetic art. The salaries for such inspectors shall be fixed by the State Personnel Department. The inspectors or agents so appointed shall perform such duties as may be prescribed by the Board. Any inspector appointed under authority of this section or any member of the Board shall have the authority at all reasonable hours to examine cosmetic art shops, beauty parlors, hairdressing establishments, cosmetic art schools, colleges, academies or training schools with respect to and in compliance with the provisions of this Chapter. No member of the Board shall exercise this authority on a routine basis but shall do so at the direction of either the Board, the chairman, the executive secretary or the inspector assigned to the territory, such direction to be governed by a complaint or problem registered with the Board of Cosmetic Art office or when an inspector deems it necessary to call in a Board member. Reimbursement for per diem and travel is subject to these provisions. Prior to reimbursement, the requesting Board member must submit a detailed written report to the Board of Cosmetic Art office for the official file. The inspectors and agents appointed under authority of this Chapter shall make such reports to the Board of Cosmetic Art Examiners as said Board may require. The said Board shall, on or before June 1 of each year, submit a budget to the Director of the Budget for the ensuing fiscal year, which shall begin July first of each year. The said budget so submitted shall include all estimated receipts and expenditures for the ensuing fiscal year including the estimated compensation and expenses of Board members. The said budget shall be subject to the approval of the Director of the Budget and no expenditures shall be made unless the same shall have been set up in the budget adopted by the Board of Cosmetic Art Examiners, and approved by the Director of the Budget of the State of North Carolina; that all salaries and expenses in connection with the administration of this Chapter shall be paid upon a warrant drawn on the State Treasurer.
The provisions of the Executive Budget Act and the Personnel Act shall fully apply to the administration of this Chapter.
The State Board shall report annually to the Governor a full statement of receipts and disbursements and also a full statement of its work during the year."
Sec. 3.  G.S. 88-17 reads as rewritten:
"§ 88-17. Regular and special meetings of Board; examinations.
The Board of Cosmetic Art Examiners shall meet four times a year in the months of January, April, July and October on the first Tuesday in each of said months, for the purpose of transacting all business of the Board of Cosmetic Art Examiners and to conduct examinations of applicants for certificates of registration to practice as registered cosmetologists, and of applicants for certificates of registration to practice as registered apprentices, meetings to be held at such places as the Board may determine to be most convenient for such examinations; provided, however, that examinations are conducted at no less than three locations other than Raleigh, scattered geographically throughout the State of North Carolina. The locations for examinations conducted outside of Raleigh shall be in publicly supported two-year post-secondary educational institutions with appropriate facilities. The examinations conducted for applicants for certificates of registration as registered cosmetologists and registered apprentices shall be open to all applicants, and shall include such practical demonstration and oral and written tests as the said Board may determine and the examinations conducted for applicants for certificates of registration as registered cosmetologists and registered apprentices shall be administered by teachers or instructors qualified and approved by the Board of Cosmetic Art Examiners. Examinations shall be supervised by the Executive Director or by a proctor designated by him which proctor shall not be a Board member. The Board shall authorize the Executive Director to contract for proctors to be present during the conducting of examinations.  The number of proctors present at each examination shall be based on the number of applicants scheduled for examination.  Examinations shall be administered by teachers or instructors, other than Board members, who are qualified and approved by the Board. The chairman of the Board is hereby authorized and empowered to call a meeting of said Board whenever necessary, said meetings to be in addition to the quarterly meetings hereinbefore provided for. No payment for per diem or travel expenses shall be authorized or paid for Board meetings other than those called by the chairman of the Board."
Sec. 4.  The Board of Cosmetic Art Examiners shall report to the General Assembly no later than November 1, 1990 on the use of proctors for examinations and on the Board's per diem and travel expenses for the period July 1, 1989 to October 1, 1990.  The report shall include information on the number and location of examinations, the number of proctors at each examination, the number of applicants scheduled and actually examined at each examination, the travel and per diem paid to each board member together with a description of the official business conducted for each day of per diem claimed or paid and the results of the Board's efforts to comply with Recommendation Three in the April 1989 Special Review of the North Carolina State Board of Cosmetic Arts by the Office of the State Auditor.  A copy of the report shall be submitted to the Director of the Fiscal Research Division of the General Assembly.
Sec. 5. This act is effective upon ratification and shall apply to the first appointment made by the Governor other than appointment of the public member following the date of ratification and to examinations, board business, and board meetings conducted on or after that date.