Section 45-52-30.05 - Licensing - Exceptions; applications; examination; fees; retirement; expiration; investigations; hearings; appeals(a) Words used in the masculine gender in this article include the feminine gender.(b) Nonparticipating barbering employees shall not be required to be licensed under this article; provided, however, that such employees shall be required to have valid health permits.(c) Every applicant for a barber's license, apprentice barber's license, or for a license to operate a barber shop, barber college, or other like business, or for a license as an instructor in a barber college shall apply therefor in writing on blanks prepared and furnished by the commission. The application shall be accompanied by the recommendation of at least two licensed barbers doing business in Morgan County, not related to the applicant by blood or marriage, certifying that the applicant is of good reputation, is qualified to practice the trade of barbering, and recommending that a license be granted him or her. The application shall be accompanied by a doctor's certificate certifying that the applicant has no communicable, contagious, or infectious disease. An applicant for any license provided for under this article who is refused such license shall be so notified in writing, along with the reason or reasons therefor, such notice to be personally delivered to the applicant or sent to his or her last known address by registered mail.(d) An applicant for a license who fails to satisfactorily complete an examination conducted by the commission may apply for reexamination at any future meeting of the commission.(e) When an applicant shall pass the examination where required, and meet the other requirements provided for in this article, the commission shall issue a license, the form and contents to be prescribed by the commission, showing the seal of the commission and the signatures of the commissioners. This license shall be publicly displayed in the place of business where the licensee works or operates. The commission shall also issue to each licensee a pocket card on which shall be imprinted the seal of the commission and certifying that the person whose name appears thereon is a licensed barber, apprentice barber, or operator of one of the businesses named herein.(f) The original and annual renewal fee for each apprentice barber's, barber's, and barber instructor's license shall be twenty dollars ($20). The original and any subsequent examination fee for apprentice barber or barber or barber instructor shall be thirty dollars ($30). The original and annual renewal fee for operating a barber college or school shall be one thousand dollars ($1,000).(g) Any licensed barber who reaches the age of 65 years shall be exempt from the renewal fee of twenty dollars ($20) for the year in which he or she attains age 65, and for each year thereafter, provided he or she has been a duly licensed barber for the next five years preceding the year he or she attains age 65. Application for this exemption must be made to the commission, who shall determine the applicant's eligibility for such exemption.(h) Any licensed barber or apprentice barber who retires from the practice of barbering and fails to keep his or her license renewed, may, for a period of two years after the expiration date of his or her last license, renew his or her license upon payment of a restoration fee of ten dollars ($10) in addition to the license fee, and by furnishing the proper health certificate and meeting the other requirements of this article; provided, that he or she need not take another examination unless more than two years has elapsed.(i) Every license shall expire on the thirty-first day of December of each year. A licensee whose license has expired, may, within 30 days thereafter, have his or her license renewed upon making a satisfactory showing to the commission, supported by his or her personal affidavit, which, in the opinion of the commission will excuse the applicant for having failed to renew his or her license within the time required by this article. A penalty of 25 percent of the annual license fee will be added to the fee charged any person who renews his or her license after January 31st of each year.(j) The commission shall issue a new license to each applicant for the ensuing year, in the absence of any reason or condition that might warrant the refusal of granting the license, upon the receipt of the written request of the applicant, accompanied by the annual fee therefor and the proper physician's certificate.(k) The commission may upon its own motion, and shall upon the written complaint of any three persons making out a prima facie case, investigate the actions of any licensee, and shall have the power to suspend or revoke any license issued under this article where the licensee has fraudulently obtained his or her license, or where the licensee is guilty of the violation of any state, county, or city statute or ordinance pertaining to barbering or the operation of a business affected hereby, the violation of this article, or the violation of any rule or regulation established by the commission.(l)(1) The commission, before denying an application for a license, or before suspending or revoking any license, shall set the matter down for hearing, and at least 10 days prior to the date set for the hearing notify the applicant or licensee in writing, which notice shall contain an exact statement of the charges made, and the date and place of hearing. Such notice shall be personally delivered to the applicant or licensee or by mailing the same by registered mail to the last known address of such applicant or licensee.(2) At all hearings the applicant or licensee shall have the opportunity to be heard in person or by counsel or both and shall have the right of attendance of witnesses in his or her behalf. In the preparation and conduct of the hearings, the commission shall have the power to require by subpoena the appearance and testimony of witnesses and the production of papers, and any member of the commission may issue subpoenas, administer oaths, and examine witnesses.(3) The fees and mileage shall be the same as prescribed by law in judicial procedure in the courts of the state in civil cases. In case of disobedience to a subpoena, any member of the commission may invoke the aid of any court of competent jurisdiction in requiring the attendance and testimony of witnesses and the production of papers, and such court may issue an order requiring the persons to appear before the commission, and give evidence or produce papers, as the case may be, and any failure to obey such order of the court may be punished by the court as a contempt thereof. Any person so refusing to appear and give testimony required by such commission shall be guilty of a misdemeanor, and upon conviction thereof by a court of competent jurisdiction, shall be punished as provided by law.(4) If the commission shall determine that any applicant is not qualified to receive a license, or that any licensee is guilty of a violation of this article, a license shall not be granted, or the same shall be revoked as the case may require. Upon request of the applicant or licensee in writing, the commission shall furnish the party with a definite statement of its findings of facts and its reason or reasons for refusing to grant the license or for its suspension or revocation of same. The findings of the commission may be appealed to the Circuit Court of Morgan County, provided an appeal is taken within 10 days after such final determination of the commission. Any person desiring to appeal under this section shall file with the commission or some member thereof, a notice in writing that he or she appeals to the circuit court with at least one solvent surety payable to the County of Morgan, conditioned to prosecute such appeal to effect, and upon failure to do so, to pay all costs and damages which may be taxed against him or her by the Circuit Court of Morgan County, and any cause so appealed shall be tried de novo in the circuit court. In any of the aforesaid commission hearings or court cases, the commission shall be represented by the county or circuit solicitor.(m) The commission shall at least every three months hold an examination for the purpose of determining the qualifications of any applicants to become barbers or apprentice barbers, and shall conduct the examination in accordance with this article and in accordance with the rules and regulations adopted by the commission not inconsistent with this article. The examination to be conducted in the city, town, or village where the principal office of the commission is located.Ala. Code § 45-52-30.05 (1975)
Act 82-864, 3rd Sp. Sess., § 5.