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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2014

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24 DE Admin. Code 5100
After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on June 30, 2014 at a scheduled meeting of the Delaware Board of Cosmetology and Barbering ("Board") to receive comments regarding the Board's proposed revisions to its rules and regulations.
A public hearing was held on June 30, 2014, with deliberations conducted on July 28, 2014. The proposed changes to the rules and regulations were published in the Register of Regulations, Volume 17, Issue 11, on May 1, 2014. Notice of the June 30, 2014 hearing was published in the News Journal (Exhibit 1) and the Delaware State News. Exhibit 2. Pursuant to 29 Del.C. §10118(a), the date to receive final written comments was July 15, 2014, 15 days following the public hearing. The Board deliberated on the proposed revisions at its regularly scheduled meeting on July 28, 2014.
Summary of the Evidence and Information Submitted
Board Exhibit 1: News Journal Affidavit of Publication.
Board Exhibit 2: Delaware State News Affidavit of Publication.
Findings of Fact and Conclusions
Pursuant to 24 Del.C. §5106(a)(1), the Board has the statutory authority to promulgate rules and regulations. The proposed revisions clarify that mobile salons may be licensed as cosmetology shops. Further, the rules and regulations set forth specific requirements to ensure that mobile salons are subject to inspections, as are all other establishments. The Board concludes that adoption of the rules and regulations as amended advances professional practice standards and is in the best interest of the public.
Decision and Effective Date
Text and Citation
The text of the revised rules and regulations remains as published in the Register of Regulations, Volume 17, Issue 11 on May 1, 2014.
IT IS SO ORDERED this 28th day of July, 2014 by the Delaware Board of Cosmetology and Barbering.
2.0 Temporary Work Permits [24 Del.C. §5106(a)(7)]
2.9 Reciprocity applicant: A temporary work permit for reciprocity may be issued to an applicant subject to the requirements of 24 Del.C. §5109(a). Where the applicant comes from a state with less stringent standards than Delaware's standards, the Board shall review the applicant's experience documentation. The temporary permit shall expire 14 calendar days after the date of the Board meeting at which the Board considers the application.
3.0 Apprenticeship and Supervision [24 Del.C. §§5101(a), 5107]
7.0 Instructor Requirements [24 Del.C. §§5107(a)(3)h. - j.]
7.1 In addition to the requirements set forth in 24 Del.C. §§5107(a)(3)h. - j., an instructor applicant shall submit an official transcript showing completion of the teacher training course.
8.0 Licensure of Cosmetology Shops and Schools [24 Del.C. §§5107(7), 5107(15), 5103(e), 5118, 5124(5)]
8.13 All cosmetology shops and schools shall be licensed by the Board.
8.24 Where the shop or school closes or has a change of name, address or ownership, the shop or school shall submit a new application to the Board.
8.35 A person licensed by the Board as a cosmetologist, master barber, barber, electrologist, nail technician, aesthetician or instructor shall not work in a cosmetology shop, barbershop, nail salon, electrology establishment, aesthetics shop, school of cosmetology, barbering, nail technology, electrology or aesthetics unless such establishment has been licensed by the Board.
16.1.3 Aggravated Menacing. 11 Del.C. §602(b).
16.1.18 Abortion. 11 Del.C. §651.
16.1.42 Extortion. 11 Del.C. §846.
16.1.44 Forgery. 11 Del.C. §861.
16.1.64 Use of an animal to avoid capture. 11 Del.C. §1257A(b) (1) and (2).
16.1.71 Hate crimes. 11 Del.C. §1304.
16.1.73 Stalking. 11 Del.C. §1312A.
16.1.74 Cruelty to animals; felony. 11 Del.C. §1325.
16.1.77 Adulteration. 11 Del.C. §1339.
16.1.78 Promoting prostitution in the third degree. 11 Del.C. §1351.
16.1.81 Obscenity. 11 Del.C. §1361.
16.1.83 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.
16.1.87 Engaging in a firearms transaction on behalf of another. 11 Del.C. §1455.
16.1.88 Possession of a weapon in a Safe School and Recreation Zone; felony. 11 Del.C. §1457.
16.1.90 Organized Crime and Racketeering. 11 Del.C. §1504.
16.1.91 Victim or Witness intimidation. 11 Del.C. §§3532 & 3533.
16.1.93 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property. 16 Del.C. §4767.
Last Updated: December 31 1969 19:00:00.
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