Miss. Code § 73-7-1

Current through the 2024 Regular Session
Section 73-7-1 - [Effective Until 1/1/2025] State board of cosmetology; membership and appointment; salaries and expenses; notice of meetings

Any reference to the State Board of Cosmetology or the Board of Barber Examiners in Title 73, Chapters 5 and 7, Mississippi Code of 1972, or any other provision of law, or in any rule, regulation or document, shall mean the State Board of Cosmetology and Barbering created in this section.

There is created the State Board of Cosmetology and Barbering, which shall be composed of seven (7) members , with six (6) members to be appointed by the Governor, with the advice and consent of the Senate, and the State Health Officer or his or her designee. Of the appointed members, three (3) members shall be from the cosmetology professions and three (3) members shall be from the barbering profession. However, no more than two (2) members shall be appointed from each Supreme Court district as such district existed on July 1, 2024, and one (1) member from each district shall be a barber.

The initial term of office for the two (2) members appointed from the First Supreme Court District shall be two (2) years and thereafter shall be six (6) years from the expiration date of the previous term; the initial term of office for the two (2) members appointed from the Second Supreme Court District shall be three (3) years and thereafter shall be six (6) years from the expiration date of the previous term; and the initial term of office for the two (2) members appointed from the Third Supreme Court District shall be four (4) years and thereafter shall be six (6) years from the expiration date of the previous term. No member may serve more than three (3) consecutive terms. The initial appointments must be made before August 1, 2024. If appointments are not made by August 1, 2024, the State Board of Cosmetology and the Board of Barber Examiners shall continue to operate in their separate capacities until such time as the Board of Cosmetology and Barbering is appointed.

There shall be a president of the board and such other officers as deemed necessary by the board elected by and from its membership, provided that the member elected as president shall have at least one (1) year of experience on the board. Any member appointed by the Governor and confirmed by the Senate for a term to begin on or after August 1, 2024, who was designated by the Governor to serve as president of the board, shall be fully qualified to serve on the board for a full term of office, but shall not serve as president of the board unless elected by the membership of the board as provided under this paragraph.

To be eligible for appointment as a member of the State Board of Cosmetology and Barbering, the person applying shall have been a citizen of this state for a minimum of five (5) years immediately prior to appointment. Such person shall be at least thirty (30) years of age, possess a high school education or its equivalent, and shall have been licensed by the board with not less than ten (10) years' active practice in any profession regulated by the board. No member of the board shall be connected in any way with any school in which any of the professions regulated by the board are taught.

In the event of vacancy by death or resignation of any member of the board, the Governor shall, within thirty (30) days, appoint a person possessing all qualifications required to serve the remainder of the term. Any member who has not attended two (2) consecutive meetings of the board for reasons other than illness of such member shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings.

The salaries of all paid employees of the board shall be paid out of funds in the board's special fund in the State Treasury. Each member of the board, excepting the inspectors provided for herein, shall receive per diem as authorized by Section 25-3-69, and shall be reimbursed for such other expenses at the same rate and under the same conditions as other state employees as provided for in Section 25-3-41.

The board shall give reasonable public notice of all board meetings not less than ten (10) days prior to such meetings.

In addition to any powers conferred upon the board in other provisions of law, the board shall appoint an individual to serve as the executive director of the board. The executive director shall possess the qualifications established by the board, which shall be based on National Best Practices. The executive director shall be considered a full-time position. The executive director shall serve at the will and pleasure of the board and shall devote his or her time to the proper administration of the board and the duties assigned to him or her by the board. The executive director shall be paid a salary established by the board, subject to the approval of the State Personnel Board. Subject to the availability of funding, the executive director may employ such administrative staff as may be necessary to assist the executive director and the board in carrying out the duties and directives of the board.

Miss. Code § 73-7-1

Codes, 1942, § 8915-01; Laws, 1948, ch. 367, § 1; Laws, 1960, ch. 384, § 1; Laws, 1964, ch. 450, § 1; Laws, 1970, ch. 405.5, § 1; Laws, 1974, ch. 362, § 1; Laws, 1978, ch. 506, § 1; Laws, 1981, ch. 531, § 1; Laws, 1983, ch. 487, § 1; reenacted, Laws, 1991, ch. 553, § 1; Laws, 1992, ch. 502, § 8; reenacted, Laws, 1993, ch. 596, § 2; reenacted, Laws, 1995, ch. 383, § 1; reenacted and amended, Laws, 1997, ch. 513, § 1; reenacted without change, Laws, 2005, ch. 492, § 1; reenacted without change, Laws, 2010, ch. 487, § 1; reenacted without change, Laws, 2011, ch. 525, § 1, eff. 7/1/2011.
Amended by Laws, 2024, ch. 437, HB 313,§ 1, eff. 4/25/2024.
Reenacted without change by Laws, 2021, ch. 470, HB 1312,§ 1, eff. 4/9/2021.
Reenacted without change by Laws, 2013, ch. 523, HB 1164, 1, eff. 7/1/2013.
Repeal date: Miss. Code § 73-7-63 provides that this chapter is repealed effective 7/1/2024. Laws, 2024, ch. 437, HB 313,§ 28 repeals Miss. Code § 73-7-63 effective 1/1/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.