Colorado § 12-105-111 - Qualifications of applicants - requirements - rules.

§ 12-105-111. Qualifications of applicants - requirements - rules.

(1) An applicant for any license provided in this article 105 or for examination shall be at least sixteen years of age.

(2) An applicant for examination shall furnish proof of graduation from a barber school or beauty school approved by the private occupational school division pursuant to article 64 of title 23; approved by the state board for community colleges and occupational education pursuant to article 60 of title 23; or, if the school is located in another state or country, approved by the governmental agency responsible for approving the schools in that state or country. The applicant shall also furnish proof that the applicant has successfully completed educational requirements equal to those set by the director. If the applicant has graduated from a school located outside Colorado, the applicant shall furnish proof that the applicant has successfully completed educational requirements substantially equal to those set by the director.

(3) The director shall promulgate rules to implement this section, but shall not require an applicant for examination to furnish proof of training of more than the number of hours of course completion in the subject area in which the applicant seeks licensure as follows:

(a) For a cosmetologist:

(I) Fifty credits, as defined by:

(A) Institutional accreditation requirements;

(B) The Colorado commission on higher education full-time equivalent clock-to-credit hour requirements; or

(C) The department of education accreditation requirements; or

(II) One thousand five hundred contact hours;

(b) For a barber:

(I) Fifty credits, as defined by:

(A) Institutional accreditation requirements;

(B) The Colorado commission on higher education full-time equivalent clock-to-credit hour requirements; or

(C) The department of education accreditation requirements; or

(II) One thousand five hundred contact hours;

(c) Six hundred contact hours for an esthetician;

(d) Six hundred contact hours for a nail technician;

(e) One thousand two hundred contact hours for a hairstylist.

(3.5) (a) For the purposes of fulfilling the applicable contact hour requirements in subsections (3)(a)(II), (3)(b)(II), (3)(c), (3)(d), and (3)(e) of this section, an applicant for examination may substitute work experience obtained in a foreign country as a barber, cosmetologist, esthetician, nail technician, or hairstylist using a ratio of three months of work experience for every one hundred contact hours; except that an applicant shall not substitute work experience for any of the contact hours required for disinfection, cleaning, and safe work practices or for the hours required to review laws and rules, as determined by rule of the director.

(b) The director may, by rule, determine the manner in which an applicant shall provide proof of the work experience. An applicant for examination who substitutes work experience for contact hours required pursuant to subsection (3) of this section may submit as proof of work experience a signed and notarized attestation of work experience that includes the place or places of employment if the director determines that records are not generally available in the location where the work experience was gained.

(4) Every person desiring to obtain a license to practice the occupation of a barber, cosmetologist, esthetician, hairstylist, or nail technician in this state shall apply and pay to the director an examination fee. The director shall issue a license to applicants who successfully pass the examination and who qualify upon the payment of the required fee.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 826, § 1, effective October 1; (3.5) added, (HB 19-1290), ch. 187, p. 2082, § 2, effective October 1.

Editor's note: (1) This section is similar to former § 12-8-114 as it existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in HB 19-1290. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1290, chapter 187, Session Laws of Colorado 2019.

ANNOTATION

Annotator's note. The following annotations include a case decided under a former provision similar to this section.

Any legislation purporting to restrict one's right to follow any lawful, useful calling, business or profession, will be strictly construed in favor of the existence of the right, and against the limitation. Battaglia v. Moore, 128 Colo. 326, 261 P.2d 1017 (1953).

The right to work in useful employment, and to receive the fruits thereof, is a natural and fundamental right under our system of free enterprise. Battaglia v. Moore, 128 Colo. 326, 261 P.2d 1017 (1953).

The right of regulation of any useful occupation arises out of the police power of the state to legislate in the protection of the public health, safety and general welfare. Battaglia v. Moore, 128 Colo. 326, 261 P.2d 1017 (1953).

It should be the policy of the law to encourage thrift and industry among its citizens and not to close the door of opportunity to work in any calling unless the regulation imposing the limitation can be said to be reasonably necessary in promotion of the public health, safety or general welfare. Battaglia v. Moore, 128 Colo. 326, 261 P.2d 1017 (1953).