434. License after examination; application to take. 1. Any person over the age of seventeen years, desiring a license to engage in the practice of barbering under this article, may make application to the secretary of state therefor. The application shall be subscribed and affirmed by the applicant as true under the penalties of perjury. The application shall be in such form and shall contain such information relative to the applicant and his qualifications as may be prescribed by the secretary of state. Each application shall be accompanied by:
(a) Two recent photographs of the applicant of a size prescribed by the secretary of state;
(b) Satisfactory evidence of good moral character, except that in determining an applicant's good moral character, the secretary of state shall not automatically disqualify an applicant on the basis of a criminal conviction. The secretary shall review such criminal history information in accordance with article twenty-three-A of the correction law;
(c) The certificate of a duly licensed physician or nurse practitioner, on a form prescribed by the secretary of state, showing freedom from any infectious or communicable disease which certificate shall have been issued within thirty days prior to the date of the filing of the application;
(d) Evidence of elementary education satisfactory to the secretary of state;
(e) Satisfactory evidence of the successful completion of a course of study in a school of barbering duly licensed pursuant to the education law or approved by the board of regents or, in lieu thereof, satisfactory evidence of having pursued in good faith the theoretical and practical study of barbering for a period of at least two years under the direct supervision and tutelage of one or more licensed barbers, or, that the applicant has been lawfully, actually and continually engaged in the practice of barbering in any other state, territory, protectorate or dependency of the United States, or any foreign country for a period of not less than three years prior to the filing of an application for a license to engage in the practice of barbering, or, that the applicant is the holder of a temporary license issued under section four hundred thirty-five of this article;
(e-1) Evidence in the form of a certificate, issued by a state licensed school of barbering, of the successful completion of a course of study approved by the education department concerning the transmission of contagious diseases and the proper methods of sanitation and sterilization to be employed in barber shops, especially as they relate to tools and instruments. The required course materials requisite to issuance of such certificate of successful completion may be provided by such state licensed school of barbering either at the school's approved premises or by long distance methods of instruction and testing, as shall have been approved by the education department;
(f) The application fee prescribed by this article; and
(g) Satisfactory evidence of having taken and passed a written examination offered by the secretary of state pursuant to this article.
2. The secretary of state shall prepare question papers which shall be the same for all persons at any given examination. The questions may be partly written and partly oral. No person shall receive a license hereunder who has not actually demonstrated to the secretary of state the applicant's ability and fitness to engage in the practice of barbering in such practical tests as may be required by the secretary of state.
3. Examinations shall be in the English language and may, in the reasonable discretion of the secretary of state, be translated or transposed into any other language if requested by a person taking the examination, upon satisfactory proof of the need therefor. They shall be held at least quarterly and shall be given in at least four convenient places in the state.
4. If an applicant has successfully passed the examination therefor, and has otherwise qualified for a license, the secretary of state on payment of the fee prescribed by this article, shall issue to such applicant a license to engage in the practice of barbering.
Last modified: February 3, 2019