N.J. Admin. Code § 13:28-2.13

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:28-2.13 - Supervision of shops; experienced practicing licensee

(a) Except as provided at (c) below, all shops shall ensure that there is at least one experienced practicing licensee present to generally oversee the management of the shop, consistent with the following requirements:

1. For a licensed cosmetology and hairstyling shop, the practicing licensee shall hold a cosmetology and hairstyling license and have three years of experience as a licensed cosmetologist-hairstylist.

2. For a licensed beauty culture shop, the practicing licensee shall hold either a cosmetology and hairstyling or beauty culture license and have three years of experience as a cosmetologist-hairstylist or beautician.

3. For a licensed barbering shop, the practicing licensee shall hold either a cosmetology and hairstyling or barbering license and have three years of experience as a cosmetologist-hairstylist or barber.

4. For a licensed skin care specialty shop, the practicing licensee shall hold a cosmetology and hairstyling, beauty culture, or skin care specialty license and have three years of experience as a cosmetologist-hairstylist, beautician, or skin care specialist.

5. For a licensed manicuring shop, the practicing licensee shall hold a cosmetology and hairstyling, beauty culture, or manicurist license and have three years of experience as a cosmetologist-hairstylist, beautician, or manicurist.

6. For a hair braiding shop, the practicing licensee shall hold a cosmetology and hairstyling, beauty culture, or hair braiding license and have three years of experience as a cosmetologist-hairstylist, beautician, or hair braider.

i. Upon receiving his or her initial license, a licensed hair braider shall be deemed to have met the three years of experience required to act as an experienced practicing licensee if the licensee completed a 40-hour hair braiding program.

(b) A shop that satisfies the requirements at (a) above by employing a practicing licensee who holds a beauty culture, barbering, skin care specialty, manicuring, or hair braiding license shall not employ senior students who have been issued a student permit pursuant to N.J.A.C. 13:28-1.3, other than those being trained in the practice for which the practicing licensee holds a license, unless the shop also employs a practicing licensee who holds a cosmetology and hairstyling license and has at least three years of experience as a cosmetologist-hairstylist.

(c) Each cosmetology and hairstyling shop licensed prior to 1985, shall designate one experienced practicing licensee who shall be present to generally oversee the management of the shop. The experienced practicing licensee shall hold a cosmetology and hairstyling, beauty culture, or barbering license and have three years of experience as a beautician, barber, or cosmetologist-hairstylist.

(d) A shop which satisfies the requirements of (c) above by employing a practicing licensee who holds a barbering license shall be prohibited from employing senior students unless the shop employs a practicing licensee who holds a license as a beautician or a cosmetologist-hairstylist and has at least three years of experience as a beautician or a cosmetologist-hairstylist, who shall supervise the rendering of cosmetology and hairstyling services by the senior students.

(e) The name of the designated experienced practicing licensee shall be posted in a location clearly visible to all patrons.

(f) A practitioner may be designated as the experienced practicing licensee for one shop only.

(g) When the shop's designated experienced practicing licensee is absent from the shop, the shop owner shall ensure that another practitioner who has three years of experience and who satisfies the requirements of this section is physically present to manage the shop. The name of the practitioner who will be managing the shop during the designated experienced practicing licensee's absence, shall be posted in a location clearly visible to all patrons.

N.J. Admin. Code § 13:28-2.13

Recodified from 13:28-2.11 and amended by R.1996 d.584, effective 12/16/1996.
See: 28 N.J.R. 3882(a), 28 N.J.R. 5175(a).
Amended so that a beautician or cosmetologist-hairstylist licensee issued a manager-operator license no longer qualifies as an experienced practicing licensee.
Amended by R.2002 d.279, effective 9/3/2002.
See: 33 N.J.R. 3727(a), 34 N.J.R. 3094(a).
In (a), inserted "cosmetology and hairstyling" preceding "shop shall ensure"; added new (b) and (c); recodified former (b) through (d) as (d) through (f).
Amended by R.2009 d.169, effective 5/18/2009.
See: 40 N.J.R. 6739(a), 41 N.J.R. 2124(b).
In (a), (b), and (c), substituted "designate" for "ensure that there is at least", and inserted "who shall be" and the last sentence; and rewrote (e) and (f).
Amended by R.2012 d.169, effective 10/15/2012.
See: 44 N.J.R. 1763(a), 44 N.J.R. 2366(a).
Section was "Supervision of shops and absence of experienced practicing licensee". Rewrote the section.
Special amendment, R.2019 d.124, effective 10/30/2019 (to expire October 27, 2020).
See: 51 N.J.R. 1779(a).
In the introductory paragraph of (a), substituted "at (c)" for "in (c)"; added (a)6; and in (b), deleted "or" preceding "manicuring" and inserted ", or hair braiding".

Amended by 53 N.J.R. 1798(a), effective 10/18/2021