AUTHORITY: Implementing the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 [225 ILCS 410] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)].

SOURCE: Adopted at 12 Ill. Reg. 20488, effective November 29, 1988; emergency amendments at 13 Ill. Reg. 6810, effective April 10, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 15034, effective September 7, 1989; amended at 14 Ill. Reg. 14090, effective August 20, 1990; amended at 16 Ill. Reg. 13276, effective August 18, 1992; amended at 18 Ill. Reg. 4856, effective March 14, 1994; amended at 21 Ill. Reg. 7277, effective May 29, 1997; amended at 23 Ill. Reg. 5749, effective April 30, 1999; amended at 27 Ill. Reg. 19293, effective December 11, 2003; amended at 30 Ill. Reg. 9503, effective May 10, 2006; amended at 35 Ill. Reg. 1888, effective January 20, 2011; amended at 35 Ill. Reg. 14983, effective September 9, 2011; amended at 38 Ill. Reg. 21098, effective November 7, 2014; amended at 42 Ill. Reg. 15159, effective August 10, 2018.

SUBPART A: GENERAL

 

Section 1175.100  Fees

 

a)         Licensure fees for cosmetologists, barbers, estheticians, hair braiders, nail technicians, cosmetology teachers, cosmetology clinic teachers, barber teachers, esthetics teachers, hair braiding teachers, and nail technology teachers are:

 

1)         License.  The fee for a license is $30 and is to be submitted with the application.

 

2)         Examination.  Applicants for any examination shall be required to pay, either to the Division or to the designated testing service, a fee covering the cost of providing the examination.

 

3)         Licensure by Acceptance of Examination.  The fee for an application to accept an examination is $30 and is to be submitted with the application.

 

4)         Renewal.  The fee for renewal of a license shall be calculated at the rate of $25 per year.

 

5)         Restoration.  The fee for restoration of a license is $50 plus payment of all lapsed renewal fees not to exceed $200.

 

6)         Restoration from Inactive Status. The fee for restoration of a license from inactive status is the current renewal fee.

 

7)         Endorsement.  The fee for a license for a cosmetologist, barber, esthetician, hair braider, nail technician, cosmetology teacher, barber teacher, esthetics teacher, hair braiding teacher, or nail technology teacher licensed under the laws of another jurisdiction is $45.

 

b)         Licensure fees for cosmetology schools, barber schools, esthetics schools, hair braiding schools or nail technology schools are:

 

1)         License.  The fee for a license is $450 plus the cost of inspection ($50).

 

2)         Change of Ownership.  The fee for a license resulting from a change of ownership is $150 plus the cost of inspection ($50).

 

3)         Change of Location.  The fee for a license resulting from a change of location is $150 plus the cost of inspection ($50).

 

4)         Change of Name.  The fee for a license resulting from a change of name is $20.

 

5)         Renewal.  The fee for renewal of a license shall be calculated at $100 per year.

 

6)         Expansion.  The fee for on-site and off-site expansion is $50.

 

7)         Cosmetology School Approval to Teach Esthetics.  The fee for approval to upgrade to teach esthetics shall be the cost of the inspection ($50).

 

8)         Cosmetology School Approval to Teach Nail Technology.  The fee for approval to upgrade to teach nail technology shall be the cost of the inspection ($50).

 

9)         Cosmetology School Approval to Teach Hair Braiding.  The fee for approval to upgrade to teach hair braiding shall be the cost of the inspection ($50).

 

10)         Cosmetology School Approval to Teach Barbering.  The fee for approval to upgrade to teach barbering shall be the cost of the inspection ($50).

 

c)         Salon Fees

 

1)         Registration.  The fee for registration of a barber shop or cosmetology, nail technician, hair braiding or esthetics salon (salon) is $40.

 

2)         Change of Name.  The fee for changing the name or address of a registered barber shop or salon is $20.

 

3)         Renewal.  The fee for renewal of a registration for a barber shop or salon is calculated at $20 per year.

 

4)         Reissuance Reprint.  The fee for reissuance of a registration with a change of name is $20.

 

5)         Restoration.  The fee for restoration of a registration for a barber shop or salon is $40.

 

d)         Sponsor Fees

 

1)         Registration.  The fee for registration as a continuing education (CE) sponsor shall be $200.

 

2)         Renewal.  The fee for renewal as a CE sponsor shall be $100 every two years.  If a sponsor allows the registration to lapse, he/she will be required to submit $250 to restore the registration.

 

3)         Registration.  The fee for registration as a domestic violence and sexual assault awareness education sponsor shall be $100.

 

4)         Renewal.  The fee for renewal as a domestic violence and sexual assault awareness education sponsor shall be $50 every two years.  If a sponsor allows the registration to lapse, he/she will be required to submit $100 to restore the registration.

 

5)         State agencies, community colleges and State universities in Illinois who are approved as CE sponsors shall be exempt from registration and renewal fees.

 

e)         General Fees

 

1)         Change of Name or Address.  The fee for issuance of a license with a change of name or address other than during the renewal period is $20. 

 

2)         Certification of Record.  The fee for certification of a licensee's record for any purpose is $20.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.105  English Translations

 

Any document submitted to the Division, in accordance with the Act and this Part, in a foreign language must be accompanied by an original, notarized English translation.  The translator must be fluent in both English and the foreign language and must certify to the accuracy of the translation.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.110  Granting Variances

 

The Director may grant variances from this Part in individual cases when he/she finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be substantially injured by granting the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.115  Sanitary Standards

 

The sanitary standards set forth in this Section shall be followed by all licensees as appropriate to their practice.  Failure to comply with these standards shall be considered unprofessional conduct and may be determined to be a violation pursuant to Section 4-7 of the Act.

 

a)         Definitions

 

1)         "Clean" means free of soil, dust, contaminants or impurities, or recently laundered and unused, or the removal of soil, dust, etc., by washing, sweeping, clearing away, or any other appropriate method

 

2)         "Disinfect" means the use of a chemical agent that eliminates harmful bacteria, fungi and viruses on surfaces.

 

3)         "Disinfectant" means a chemical agent that eliminates harmful bacteria, fungi and viruses.

 

4)         "Hospital Grade Disinfectant" means a disinfectant that is registered with the Environmental Protection Agency (EPA) as a hospital-level disinfectant and that performs the functions of bactericides (kill harmful bacteria), virucides (kill pathogenic viruses), and fungicides (destroy fungus).

 

b)         Sanitary Requirements

 

1)         Adequate disinfecting or sterilizing equipment shall be maintained for the number of licensees, usage requirements, and volume of business.

 

2)         All disinfecting agents shall be kept at adequate strengths to maintain effectiveness, be free of residue and be available for immediate use at all times the salon or shop is open for business.

 

3)         All tools, implements and items that come in direct contact with a client shall be cleaned and disinfected or disposed of after use on each client.

 

4)         All non-disposable manicure tools and implements shall be cleaned and disinfected with a hospital grade disinfectant after use on each client.

 

5)         All items designed to be disposed of after a single use, such as orangewood sticks, cotton, gauze, neck strips, nail wipes, tissues, sponges, paper towels, wooden applicators and spatulas, emery boards or porous nail files, buffer blocks, pumice stones, sanding bands or sleeves and disposable nail bits shall be disposed of after each use.

 

6)         New and/or disinfected and cleaned tools shall be stored separately from all others.

 

7)         Manicure tables, work stations and facial chairs shall be cleaned and disinfected with a hospital grade disinfectant before and after serving each client.

 

8)         Head rests of any chair shall be protected with a disposable cover and changed after each use, or a clean washable towel may also be used.

 

9)         Items subject to cross-contamination by re-dipping into a multi-use container, such as creams, cosmetics, astringents, lotions, removers, waxes, moisturizers, masks and oils used within a field of practice, shall be dispensed from containers to prevent contamination of the unused portion.  Any product that becomes contaminated shall be discarded after use on that particular client.

 

10)         Paraffin wax must be used in a manner that prevents contamination of wax remaining in the paraffin bath or container, such as application with a single use or sanitized spatula or applicator or disposal of any used wax.  Paraffin must be covered when not in use and maintained at a temperature specified by the manufacturer's instructions.

 

11)         All articles that come in direct contact with the client's skin that cannot be cleaned or disinfected shall be disposed of immediately after use.

 

12)         All clean towels shall be kept in a closed or covered space.

 

13)         All clean or disposable esthetics sheets, gowns and head coverings shall be kept in a closed or covered space.

 

14)         Licensees shall observe and follow thorough hand washing with soap and water or any equally effective cleansing solution or waterless hand sanitizer before and after serving each client.

 

15)         Licensees shall ensure that each client's hands or feet are washed with soap and water or waterless hand sanitizer prior to performing any manicuring or pedicuring services.

 

16)         The use of nail products or the distribution of nail products containing monomer Methyl Methacrylate (MMA) is prohibited.

 

17)         Clean towels shall be used for each client.

 

18)         Clean or disposable esthetics sheets, gowns and head coverings shall be used for each client.

 

19)         A neck strip or towel shall be placed around the client's neck and changed after each use to prevent direct contact between a common use hair cloth or cape and the client's skin.

 

20)         Hair clippings shall not be allowed to accumulate and shall be disposed of in a covered container.

 

21)         Floor surfaces shall be kept clean, orderly and in good repair.

 

22)         Storage drawers for clean tools and implements shall be clean, free of hair and used only for clean tools and implements.

 

23)         All soiled towels shall be kept in a covered container.  Containers shall be large and sturdy enough to store soiled items, towels or linens after use.

 

24)         Shampoo bowls and sinks shall be clean and free of hair and residue after each use.

 

25)         Equipment, mirrors, lights and similar closures, furnishings, attached equipment, decorative materials and fixtures shall be kept clean and in good repair.

 

26)         Walls, doors, windows and ceilings shall be clean and free of excessive spots, mildew, condensation or peeling paint.

 

27)         Storage cabinets, work stations and vanities shall be kept clean.

 

28)         Roller-storage receptacles and contents shall be clean and free of hair and residue.

 

29)         Outer surfaces of waste disposal containers shall be kept clean.

 

30)         All salons and shops shall provide adequate ventilation as required by the city, county or municipality to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes.

 

31)         All salons and shops shall provide a safe and adequate supply of continuous hot and cold running water from an approved source (see Illinois Plumbing Code (77 Ill. Adm. Code 890)).  Sinks located in the restroom do not qualify as a water source.

 

32)         Licensees shall have immediate access to a supply of hot and cold running water.

 

33)         No owner or manager of a salon or shop shall knowingly permit any person suffering from a serious communicable disease, as defined in 77 Ill. Adm. Code 690, to work on the premises.

 

34)         No licensee shall be required or permitted to massage any surface of the skin or scalp where the skin is inflamed or where a skin infection or eruption is present.

 

35)         No licensee shall be required or permitted to work upon a person suffering from a serious communicable disease, as defined in 77 Ill. Adm. Code 690.

 

36)         Pets or other animals shall not be permitted in a salon or shop at any time.  This prohibition does not apply to an animal assistant for the physically impaired.

 

c)         Pedicure Equipment Cleaning and Disinfecting Procedures

The following procedures, as developed by the International Nail Technicians Association, shall be followed for all pedicure equipment, such as whirlpool pedicure foot spas, self-contained foot basins, sinks and pedicure bowls:

 

1)         After each client:

 

A)        Drain all water from the foot spa, pedicure basin or bowl;

 

B)        Clean the interior surfaces and walls of the foot spas or basin with soap or detergent to remove all visible debris; rinse with clean, clear water;

 

C)        Disinfect by spraying the interior surface of the foot basin or bowl with either an EPA-registered disinfectant (demonstrated bactericidal, fungicidal, and virucidal activity used according to manufacturer's instructions) or 10% bleach solution; and

 

D)        Wipe dry.

 

2)         At the end of every day, after the last client:

 

A)        Perform the procedures of subsection (c)(1);

 

B)        Remove the screen from whirlpool basin.  All debris trapped behind the screen of each foot spa shall be removed with a brush and soap or detergent; then the screen and the inlet shall be cleaned to remove all visible debris with soap or detergent and water;

 

C)        Before replacing the screen, totally immerse the screen in either an EPA-registered disinfectant or 10% bleach solution;

 

D)        Fill the basin with warm water and low-sudsing soap, turn the system on and flush the spa system for 5 minutes, then rinse and drain.

 

3)         Once every week:

 

A)        Repeat the procedures of subsection (c)(2); then fill the foot spa or basin with cold water and one tablespoon of 5.25% liquid household bleach (or the equivalent) for each one gallon of water based on the capacity of unit;

 

B)        Turn unit on and circulate the bleach solution through the system for 5 to 10 minutes; turn unit off;

 

C)        Let the bleach solution sit in the spa or pedicure basin overnight (at least 6-10 hours);

 

D)        The following morning, and before the first client, drain bleach solution;

 

E)        Fill the basin with clean water, turn the system on and flush the system with clean water and drain.

 

4)         Logs:

Make a record of the date and time of the weekly cleaning and disinfecting.  The record for the last 90 days shall be readily accessible and available upon client or inspector request.  Separate logs for weekly and daily procedures are needed but may be kept in the same document log.

 

d)         Devices/Equipment

 

1)         All manual or mechanical devices and equipment used in the practice of barbering, cosmetology, esthetics, hair braiding or nail technology must meet all "product registration requirements" imposed by any federal, State, county or local authority.

 

2)         All manual or mechanical devices or equipment used in the practice of barbering, cosmetology, esthetics, hair braiding or nail technology must be used in accordance with the "product safety requirements” imposed by any federal, State, county or local authority.

 

3)         Each licensee must verify, maintain, or be able to access documentation related to any device classified by the FDA that is used in the practice of barbering, cosmetology, esthetics, hair braiding or nail technology.

 

4)         Licensees may not use any manual or mechanical device or equipment unless the use is part of the delivery of services within the licensee's scope of practice and is consistent with the manufacturer's intended use of the device and with client health and safety.

 

e)         Compliance with All Applicable Regulations

Owners or managers of a salon or shop and licensees shall observe and be subject to all Illinois Department of Public Health, as well as other city, county and State, regulations pertaining to public health and safety.  Compliance with building, State fire, plumbing, and electrical regulations is also required.

 

(Source:  Amended at 38 Ill. Reg. 21098, effective November 7, 2014)

 

Section 1175.120  Dishonorable, Unethical or Unprofessional Conduct

 

The Division may suspend or revoke a license, refuse to issue or renew a license, or take other disciplinary action based upon its findings of dishonorable, unethical or unprofessional conduct (see Section 410/4-7(a)(1)q of the Act), which is interpreted to include, but is not limited to, the following acts or practices:

 

a)         Engaging in conduct likely to deceive, defraud or harm the public, or demonstrating a willful disregard for the health, welfare or safety of a client or student.  Actual injury need not be established;

 

b)         Practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities that the licensee knows or has reason to know that he/she is not competent to perform;

 

c)         Using products and chemicals that have not been approved by the United States Food and Drug Administration or utilizing those products or substances in a manner that is contrary to the manufacturer indication for use, e.g. using hair dye meant for hair on the scalp for dyeing eyebrows;

 

d)         Violating labor laws in the practice of the profession under this Act, or using persons to provide services in a manner that constitutes involuntary labor and other forms of servitude to repay debts, or engaging in sex trafficking in which a commercial sex act is induced by force, fraud or coercion or in which the person induced to perform the sex act has not attained 18 years of age;

 

e)         Engaging in conduct that is a departure from or failure to conform to the standards of practice.  Actual injury to a client need not be established;

 

f)         Demonstrating actual or potential inability to practice with reasonable skill, safety or judgment:

 

1)         by reason of illness, use of alcohol, drugs, chemicals or any other material; or

 

2)         as a result of any mental or physical condition;

 

g)         Committing gross negligence or multiple acts of negligence in practice.  The Department may take into account relevant factors and practices, including but not limited to the standard of practice generally and currently followed and accepted by persons licensed to practice the profession in this State, and the current accepted teachings among licensed schools;

 

h)         Engaging in deception regarding licensure; for example, the licensee or applicant:

 

1)         assisted in examination fraud or cheating or other misconduct or subversion of the examination;

 

2)         allowed a license to be used by another person; 

 

3)         allowed the license to be displayed to the public when the license has expired, is inactive, or has been revoked or suspended;

 

4)         provided or assisted in the provision of credentials to a person who has not earned the credential in compliance with the Act, for example, selling transcripts or CE certificates to a person who did not attend or receive the training as the document asserts or providing unearned transcripts to family members or friends; or

 

5)         produced or facilitated the production of forged or falsified licenses, transcripts, credentials or certificates to the Department.

 

i)          Obtaining products and chemicals for sale to licensees and conveying that material to another, or allowing an unlicensed person to use the licensee's credential to obtain material that is not for sale to the public in the quantity or formulation sold only to licensees, e.g., conveying acetone, hydrochloric acid, or ammonia to unlicensed persons or those who use the product or substances in the manufacture of other chemicals or illegal substances;

 

j)          Engaging in fraud or material deception in the course of professional services or activities, including advertising services or goods, in a false or misleading manner;

 

k)         Failing to cooperate with the Department, which includes but is not limited to the following in regard to the licensee's practice or applicant's conduct or credentials:

 

1)         Refusing to permit or interfering with an inspection authorized under the Act;

 

2)         Failing to respond fully and truthfully to a question or request for information from the Department;

 

3)         Failing to provide information or documents to the Board within the time specified by the Board;

 

4)         Failing to appear and provide information at an interview requested by the Department;

 

5)         Deceiving or attempting to deceive the Department regarding any matter related to the licensee's or applicant's practice, including but not limited to altering or destroying any record or document;

 

6)         Failing to comply with the terms, conditions and recommendations of a Non-Disciplinary Order or Non-Disciplinary Consent Order issued by the Department; or

 

7)         Interfering with or using threats or harassment to delay or obstruct any person in providing information or evidence to the Department in any matter, investigation, contested case proceeding, or other legal action instituted by the Department;

 

l)          Engaging in fraud or misconduct or misrepresentations regarding student financial aid;

 

m)        Failing to comply with an Order, Consent Order or other Order or Subpoena of the Department or another licensing authority or another authority having jurisdiction over the practice of the profession, or surrendering licensure to any other licensing or regulatory authority having jurisdiction over the licensee or applicant in the same occupation or related professions while an investigation or inquiry into allegations of unprofessional or unlawful conduct is in progress or after a charging document has been filed against the applicant or licensee alleging unprofessional or unlawful conduct;

 

n)         Engaging in conduct that constitutes the offer to sell, sale or provision of controlled substances or illegal substances or sex acts in, or in areas adjacent to, the location where professional services are provided;

 

o)         Engaging in any act of sexual misconduct involving a client, including but not limited to any nonconsensual acts or statements of a sexual nature that do not contribute to an appropriate licensee-client relationship or the professional provision of services; or

 

p)         Engaging in any act involving moral turpitude, including but not limited to fraud, deceit, dishonesty or illegal activity undertaken for personal gain.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.125  Citations

 

a)         The Division may issue citations to licensees and registrants or to unlicensed or unregistered persons or entities for the following violations of the Act:

 

1)         Unlicensed practice;

 

2)         Practice on an expired license;

 

3)         Failure to register a salon or shop;

 

4)         Operating a salon or shop on an expired registration;

 

5)         Aiding and abetting unlicensed practice;

 

6)         Failure to display a license as required by the Act; and

 

7)         Failure to comply with sanitary rules (Section 1175.115).

 

b)         A nondisciplinary fee shall be assessed for a first citation for any one of the violations listed in subsection (a) in the amount of $100, with the exception that the fine (disciplinary) for a violation of subsection (a)(5) shall be $200. If there are multiple violations cited, the Division may assess a nondisciplinary fee or a fine, as applicable, in these amounts per violation.

 

c)         The fine to be assessed for a second citation issued within 12 months after the first citation for the same violation for any one of the violations listed in subsection (a) shall be $250, with the exception of the violation listed in subsection (a)(5), which shall be $500. If there are multiple violations cited, the Division may assess a fine in these amounts per violation.

 

d)         Payment of the nondisciplinary fee or the fine does not absolve the person or entity cited from the responsibility to correct the violation.  A continuing or repeated violation may subject the person or entity cited to a further citation or to disciplinary action as authorized by the Act and this Part.

 

e)         Failure to timely satisfy the nondisciplinary fee or the fine assessed may result in disciplinary action for the violations noted.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.150  Definitions

 

"Act" means the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 [225 ILCS 410].

 

"Approved Education Credentialing Evaluation Service" means a credential evaluation services company that was an accredited member of the National Association of Credential Evaluation Services (NACES) or Association of International Credentials Evaluators (AICE) on the date that the evaluation was completed.

 

"Board" means the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Board.

 

"Department" means the Illinois Department of Financial and Professional Regulation.

 

"Director" means the Director of the Division of Professional Regulation, with the authority delegated by the Secretary.

 

"Division" means the Illinois Department of Financial and Professional Regulation-Division of Professional Regulation.

 

"Licensee" means a licensee under the Act.

 

"Private School" means any educational institution not meeting the definition of public school that conducts a cosmetology, barbering, esthetics, hair braiding or nail technology program.

 

"Public School" means a public high school, a community college, public university, or any other institution operated by a governmental body or agency that conducts a cosmetology, barbering, esthetics, hair braiding or nail technology program.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.175  Applicant and Licensee Address of Record and Email Address of Record

 

Pursuant to Section 2105-7 of the Civil Administrative Code of Illinois [20 ILCS 2105], all applicants and licensees shall:

 

a)         provide a valid address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and       

 

b)         inform the Department of any change of address of record or email address of record within 14 days after any changes, either through the Department's website or by contacting the Department's licensure maintenance unit.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART B: BARBER

 

Section 1175.200  Examination – Barber

 

a)         Eligibility.  Each applicant must meet the following requirements, pursuant to Section 2-2 or 2-3 of the Act, prior to filing an application for the barber examination.

 

1)         Be at least 16 years of age;

 

2)         Be a high school graduate or its equivalent or beyond the age of compulsory school attendance;

 

3)         Either:

 

A)        Pursuant to Section 2-2 of the Act, graduate from a barber school approved by the Division that meets the requirements set forth in Subpart C; or

 

B)        Pursuant to Section 2-3 of the Act, graduate from a cosmetology school approved by the Division that meets the requirements set forth in Subpart E.

 

b)         Application.  Each applicant shall file an application for examination, on forms provided by the Division.  The application shall include:

 

1)         An official transcript showing successful completion of the required training outlined in Section 2-2(c) and 2-3(c) and (d) of the Act and a passing grade on the final examination administered by the school as set forth in Section 1175.340;

 

2)         The required fee set forth in Section 1175.100;

 

3)         Official transcripts showing successful completion of remedial training when required by Section 2-7 of the Act or Section 1175.210;

 

4)         Proof of any name change (i.e., marriage license, divorce decree, affidavit, or court order) if the applicant's name is other than that shown on submitted documents;

 

5)         If licensed as a barber in another state, a certification of licensure from the state of original licensure and from the state of current licensure or most recent practice; and

 

6)         All applicants shall submit the required examination fee to the Department's testing service.

 

c)         Examination.  Each applicant shall take and pass the barber examination as required in Section 1175.210.

 

d)         An applicant's training received from a barber school or similar institution located in another state, other jurisdiction of the United States, or foreign jurisdiction must substantially comply with the requirements set forth in Subpart C.  An applicant seeking credit for training or licensure in a foreign country must provide educational training credentials and transcripts and/or evidence of licensure to determine if the applicant's program substantially complies with the requirements set forth in Subparts B and C.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The Board may also require additional coursework or a 250-hour barber refresher course from a school licensed by the Division as set forth in Section 1175.331.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.205  Licensure by Examination – Barber Teacher

 

a)         Eligibility.  Each applicant must meet the following requirements pursuant to Section 2-4(a), (b), (c) and (d) of the Act prior to filing an application for the barber teacher examination.

 

1)         Be at least 18 years of age;

 

2)         Be a high school graduate or its equivalent;  

 

3)         Hold a license in good standing as a barber or cosmetologist;

 

4)         Either:

 

A)        Complete a program of 500 hours of barber teacher training in an approved barber school and 3 years of practical experience as a licensed barber within 5 years preceding the application; or

 

B)        Complete a program of 1000 hours of barber teacher training in an approved barber school.

 

b)         Application.  Each applicant shall file an application, on forms provided by the Division. The application shall include:

 

1)         Either:

 

A)        In the case of a barber teacher training graduate, pursuant to Section 2-4(d)(1) of the Act:

 

i)          An official transcript from an approved barber school showing successful completion of a program of 500 hours of barber teacher training as set forth in Section 1175.335; and

 

ii)         2 employment verification forms showing at least 3 years of practical experience as a licensed barber within the last 5 years.

 

B)        In the case of a barber teacher training graduate, pursuant to Section 2-4(d)(2) of the Act, an official transcript from an approved barber school showing successful completion of a program of 1000 hours of barber teaching training as set forth in Section 1175.335;

 

2)         The applicant's Illinois barber license number;

 

3)         If licensed as a barber teacher in another state, other jurisdiction of the United States, or foreign jurisdiction, a certification of licensure from the state or jurisdiction of original licensure and from the state or jurisdiction of current licensure or most recent practice;

 

4)         Proof of any name change (i.e., marriage license, divorce decree, affidavit, or court order) if the applicant's name is other than that shown on any document submitted; and

 

5)         All applicants under this Section shall submit the required examination fee to the Department's testing service.

 

c)         Examination.  Each applicant shall take and pass the barber teacher examination as required in Section 1175.210.

 

d)         An applicant's training received from a barber or cosmetology school or similar institution located in another state, other jurisdiction of the United States, or foreign jurisdiction must substantially comply with the requirements set forth in Subpart C.  An applicant seeking credit for training or licensure in a foreign country must provide educational training credentials and transcripts and/or evidence of licensure to determine if the applicant's program substantially complies with the requirements set forth in Subparts B and C.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The Board may also require additional coursework or a 250-hour barber refresher course from a school licensed by the Division as set forth in Section 1175.331.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training.

 

e)         The required fee set forth in Section 1175.100.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.206  Licensure by Acceptance of Examination − Barber

 

a)         Eligibility.  If the applicant does not hold a license as a barber or barber teacher in any jurisdiction of the United States but has completed barber training and passed a barber licensing examination in that jurisdiction substantially similar to the requirements of the Act and this Part, the applicant shall apply for licensure under this Section.

 

b)         Application.  Each applicant shall file an application for acceptance of examinations on forms provided by the Division.  The application shall include:

 

1)         An official transcript from the school or program showing successful completion of training;

 

2)         Proof of passage of the licensing examination within 12 months preceding the application; and

 

3)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.207  Licensure by Acceptance of Examination − Barber Teacher

 

a)         Eligibility.  If the applicant has a barber license in any jurisdiction of the United States, does not hold a barber teacher license in any jurisdiction of the United States, and has completed teacher training and passed a teacher examination in another jurisdiction of the United States other than Illinois substantially similar to the requirements of the Act and this Part, the applicant shall apply for licensure under this Section.

 

b)         Application.  Each applicant shall file an application for acceptance of examination on forms provided by the Division.  The application shall include:

 

1)         Proof of licensure as a barber in this or any other jurisdiction of the United States;

 

2)         Proof of 3 years of practical experience as a licensed barber within 5 years preceding the application;

 

3)         An official transcript from the school or program showing successful completion of teacher training;

 

4)         Proof of passage of a teacher licensing examination within 12 months preceding the application; and

 

5)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.210  Examination Requirements

 

a)         Examinations shall be administered by the Division or its designated testing service for barbers and teachers of barbering.

 

b)         The passing grade on each examination is 75 or another state's passing grade.

 

c)         Retakes

 

1)         A barber applicant who fails to pass a third examination must submit an official transcript from a licensed barber or cosmetology school showing successful completion of a 100-hour refresher course (see Section 1175.331), or the 250-hour barber refresher course from a school licensed by the Division as set forth in Section 1175.331, prior to taking the exam a fourth time;

 

2)         A barber teacher applicant who fails to pass a third examination must submit an official transcript from a licensed barber or cosmetology school showing successful completion of 80 hours of additional study in teaching methodology and educational psychology prior to taking the examination a fourth time;

 

3)         The requirement for remedial training set forth in this Section may be waived in whole or in part by the Division upon proof to the Division that the applicant has demonstrated competence to again sit for the examination.  Pursuant to Section 2-7 of the Act, the Division shall consider the following factors when waiving remedial training, including but not be limited to: the percentage points by which the applicant failed the examination, the number of times the applicant failed the examination, and extenuating circumstances that explain the applicant's failure to pass the examination;

 

4)         For purposes of the examination retakes, the fourth attempt shall count as the first;

 

5)         An applicant shall make a written request for an examination retake at least 45 days in advance of the examination date.  The request must include the required examination fee and official transcripts when further study is required in accordance with subsections (b)(1), (2) and (3).

 

d)         If an applicant has not submitted an application for licensure within 12 months after taking and passing the examination, the applicant must retake and pass the examination prior to being granted a license.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.215  Application for Licensure (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.220  Licensure by Endorsement

 

a)         An applicant who is currently registered or licensed as a barber in another state or jurisdiction of the United States and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official certification of licensure from the state or government board in the applicant's jurisdiction of original licensure and from the state or government board in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's name, the barber license number, the original issuance date and the expiration date.  The license issued must be the same or substantially similar to the barber license issued by the Division;

 

2)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

3)         The required fee set forth in Section 1175.100.

 

b)         An applicant who is currently registered or licensed as a barber teacher in another state or jurisdiction of the United States and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official certification of licensure from the state or government board in the applicant's jurisdiction of original licensure and from the state or government board in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's name, the barber teacher license number, the original issuance date and the expiration date.  The license issued must be the same or substantially similar to the barber teacher license issued by the Division;

 

2)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

3)         The required fee set forth in Section 1175.100.

 

c)         An applicant who is currently registered or licensed as a barber in a foreign country and who is seeking licensure as a barber in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official document from the government agency, board or council in the applicant's original jurisdiction of practice stating the applicant's name, the barber license number, the original issuance date, the expiration date, a brief description of any licensure or exit examination taken to qualify for the license, and the grades received.  The license issued in a foreign country and its requirements must be the same or substantially similar to the barber license issued by the Division;

 

2)         An official transcript from the school or schools attended by the applicant showing the individual subject areas completed and the hours completed by the applicant, with the school seal affixed, or an official certification from the government agency, board or council showing the individual subject areas completed and the hours completed by the applicant, with the board, agency or council seal affixed.  Educational training credentials and transcripts and/or evidence of licensure obtained in a foreign country must be submitted to determine if the applicant's program substantially complies with the requirements set forth in Subparts B and C.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The scope of practice and education requirements must be the same or substantially similar to the barber license issued by the Division.  The Board may require additional coursework or a 250-hour barber refresher course from a school licensed by the Division as set forth in Section 1175.331 or may require an applicant to pass the barber examination.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training;

 

3)         Evidence that the applicant has practiced barbering in another jurisdiction for at least 3 years after completing the requirements to qualify for registration or licensure in that particular jurisdiction, but within 5 years preceding his/her application for endorsement.  This evidence may be in the form of affidavits from at least 3 clients, coworkers or business owners who can verify the applicant's practice as a barber;

 

4)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

5)         The required fee set forth in Section 1175.100.

 

d)         An applicant who is currently registered or licensed as a barber teacher in a foreign country and who is seeking licensure as a barber teacher in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official document from the government agency, board or council in the applicant's original jurisdiction of practice stating the applicant's name, the barber teacher license number, the original issuance date, the expiration date, a brief description of any licensure or exit examination taken to qualify for the license, and the grades received.  The license issued in a foreign country and its requirements must be the same or substantially similar to the barber teacher license issued by the Division;

 

2)         An official transcript from the school or schools attended by the applicant showing the individual subject areas completed and the hours completed by the applicant, with the school seal affixed, or an official certification from the government agency, board or council showing the individual subject areas completed and the hours completed by the applicant, with the board, agency or council seal affixed.  Educational training credentials and transcripts and/or evidence of licensure obtained in a foreign country shall be submitted to determine if the applicant's program substantially complies with the requirements set forth in Subparts B and C.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The scope of practice and education requirements must be the same or substantially similar to the barber teacher license issued by the Division.  The Board may require additional coursework or a 250-hour barber refresher course from a school licensed by the Division as set forth in Section 1175.331 or may require an applicant to pass the barber and/or barber teacher examination.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training;

 

3)         Evidence that the applicant has practiced as a barber teacher in another jurisdiction for at least 3 years after completing the requirements to qualify for registration or licensure in that particular jurisdiction, but within 5 years preceding his/her application for endorsement.  This evidence may be in the form of affidavits from at least 3 clients, coworkers, business owners, students or school administrators who can verify the applicant's practice as a barber teacher;

 

4)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant’s name is other than that shown on submitted documents; and

 

5)         The required fee set forth in Section 1175.100.

 

e)         An applicant for licensure as a barber who is licensed in another jurisdiction may be given 300 hours of educational credit for every 12-month period during which he/she was lawfully employed as a barber.  To obtain credit for work experience, the applicant must submit verification of employment on forms provided by the Division in support of the work experience from at least three clients, coworkers or business owners.  A certification of licensure from the jurisdiction in which the lawful practice is claimed must also be submitted.

 

f)         An applicant applying for licensure as a barber or barber teacher on the basis of endorsement who has previously failed the licensing examination in Illinois shall not be approved for licensure on the basis of endorsement unless and until he/she provides verification of successful completion of a substantially equivalent licensure examination.  The successful completion of the substantially equivalent examination must occur after the most recently failed examination attempt in Illinois. An applicant may be required to appear before the Board to answer questions about any examination taken by the applicant.  The Board may recommend the completion of additional education by an applicant prior to licensure.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.221  Licensed Cosmetologist or Cosmetology Teacher Seeking License as Barber

 

A licensed cosmetologist or cosmetology teacher may apply for licensure as a barber.  Each applicant shall file an application on forms provided by the Division that includes:

 

a)         The applicant's current cosmetologist or cosmetology teacher license number;

 

b)         An official transcript showing successful completion of the supplemental barber course (see Section 1175.332);

 

c)         Proof of passage of the barber examination; and

 

d)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.222  Licensed Cosmetology Teacher Seeking License as Barber Teacher

 

A licensed cosmetology teacher may apply for licensure as a barber teacher.  Each applicant shall file an application on forms provided by the Division that includes:

 

a)         The applicant's current cosmetology teacher license number;

 

b)         The applicant's current barber license number or an official transcript showing successful completion of the supplemental barber course (see Section 1175.332) and proof of passage of the barber examination; and

 

c)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.225  Renewals

 

a)         Barber, barber teacher and barber school licenses shall expire on July 31 of each odd numbered year.  The holder of a license may renew that license during the month preceding its expiration date.

 

b)         Applicants for renewal shall:

 

1)         Return a completed renewal application; and

 

2)         Submit the required fee set forth in Section 1175.100.

 

c)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee or to renew a license.

 

d)         Practicing or operating on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 4-7 of the Act.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.230  Restoration – Barber

 

a)         Application for Restoration

 

1)         A person applying for restoration of a license as a barber that has been expired for less than 5 years shall submit an application on forms provided by the Division and pay the required fee set forth in Section 1175.100.

 

2)         If restoring after active military service, the applicant shall submit a copy of the applicant's DD-214 and the current renewal fee.

 

b)         A person applying for restoration of his/her license as a barber that has been expired for 5 years or more shall submit an application on forms provided by the Division along with either:

 

1)         All of the following:

 

A)        Verification of employment as a barber in another jurisdiction for at least 24 months within the 5 years preceding application for restoration from at least 3 clients, coworkers or business owners;

 

B)        Certification of licensure from the licensing authority in the jurisdiction of employment stating that the existing practice was authorized;

 

C)        A completed Restoration Questionnaire; and

 

D)        The required fee set forth in Section 1175.100; or

 

2)         A copy of the applicant's DD-214 and the current renewal fee, if restoring from active military service.

 

c)         An applicant for restoration under subsection (b) who is unable to comply with one or both of subsections (b)(1)(A) and (B) shall submit official transcripts showing successful completion of a 250-hour refresher course from a licensed barber or cosmetology school or successful completion of the examination set forth in Section 1175.210 within 2 years prior to or within 2 years after application for restoration. An applicant shall comply with the remaining requirements of subsection (b).

 

d)         If an applicant takes and fails the examination, the license will not be restored until he/she has successfully completed the examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.235  Restoration – Barber Teacher

 

a)         A person applying for restoration of a license as a barber teacher that has been expired for less than 5 years shall file an application, on forms provided by the Division, and the required fee (see Section 1175.100).  If restoring after active military service, the applicant shall submit a copy of the applicant's DD-214 and the current renewal fee.

 

b)         A person applying for restoration of a license as a barber teacher that has been expired for 5 years or more shall submit an application on forms provided by the Division, along with either:

 

1)         All of the following:

 

A)        Verification of employment as a barber teacher in another jurisdiction for at least 24 months within the 5 years preceding application for restoration;

 

B)        A certification of licensure from the licensing authority in the jurisdiction of employment;

 

C)        A completed Restoration Questionnaire;

 

D)        The required fee set forth in Section 1175.100; or

 

2)         A copy of the applicant's DD-214 and the current renewal fee, if restoring from active military service.

 

c)         An applicant for restoration under subsection (b) who is unable to comply with one or both of subsections (b)(1)(A) and (B) shall submit official transcripts showing successful completion of a 250-hour barber teacher refresher course set forth in Section 1175.331 or successful completion of the examination set forth in Section 1175.210 within 2 years prior to or within 2 years after applying for restoration of the license. An applicant shall comply with the remaining requirements of subsection (b).

 

d)         If an applicant takes and fails the examination, the license will not be restored until he/she has passed the examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART C: BARBER SCHOOL

 

Section 1175.300  School Licensure Application – Private Schools

 

a)         An applicant for a private barber school license shall submit a completed application to the Division with the following information and documentation:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

2)         A copy of:

 

A)        a lease showing at least a 1-year commitment to the use of the school site, the address of the school site, the name of the lessor and the name of the lessee; or

 

B)        the certification of ownership of the proposed school site;

 

3)         If the owner is a corporation, a filed copy of the Articles of Incorporation; if the owner is a limited liability company, a filed copy of the Articles of Organization; or if the owner is a partnership, a listing of all partners and their current addresses;

 

4)         If the owner will be conducting business under an assumed name as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name;

 

5)         An official fire inspection report by the local fire inspection authority within the last 6 months giving approval for use of the site as a school;

 

6)         A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  The financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

7)         A copy of the official enrollment agreement to be used by the school, which shall be consistent with the requirements of Section 1175.310;

 

8)         A listing of all teachers, including their teacher license numbers, who will be in the school's employ;

 

9)         A copy of the curricula that will be followed for each program that meets the requirements of this Part;

 

10)         A copy of the school's official transcript for each program that complies with the requirements of this Part;

 

11)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer; and

 

12)         The required fee set forth in Section 1175.100.

 

b)         When the items required by subsection (a) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart.  School operations shall not commence, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval will be granted if the requirements of this Subpart have been met.

 

c)         Barber schools shall only offer instruction in barbering and barber teacher education.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.301  School Licensure Application – Public Schools

 

a)         An applicant for a public barber school license shall submit a completed application to the Division with the following information and documentation:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305; 

 

2)         A listing of all teachers, including their teacher license numbers, who will be in the school's employ;

 

3)         A copy of the curricula that will be followed for each program that meets the requirements of this Part;

 

4)         A copy of the school's official transcript for each program that meets the requirements of this Part;

 

5)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer; and

 

6)         The required fee set forth in Section 1175.100.

 

b)         When the items required by subsection (a) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with Subpart C.  School operations may not commence, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval will be granted if all of the requirements of this Subpart have been met.

 

c)         Barber schools shall only offer instruction in barbering and barber teacher education.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.305  Physical Site Requirements

 

a)         Space Requirements

 

1)         A school shall have a minimum of 500 square feet of work space or 40 square feet of work space for each student, or a maximum of 25 students, whichever is greater.  An additional 30 square feet of work space is required for each additional student if attendance exceeds 25 at any given time.

 

2)         Work space shall include dispensary and laboratory area.  Work space shall not include classrooms, rest rooms, halls, checkrooms, conference rooms, storage space or other areas or facilities for school administration.

 

3)         Two restrooms shall be provided.

 

4)         Separate cloak space shall be provided for the public.

 

5)         A public waiting area must be provided.

 

6)         Schools shall provide a student lounge area, which shall be separated from the work area, and sufficient space for each student to keep school related and personal items.

 

7)         All areas of the school shall be ventilated and lighted.

 

b)         Equipment Requirements – All equipment shall be in working condition and sufficient for the number of students enrolled.  Minimum requirements for school equipment are:

 

1)         An entrance sign designating the name of the school.

 

2)         A school seal.

 

3)         A time clock or other equipment necessary for verification of attendance and hours earned.

 

4)         Four shampoo chairs and 4 shampoo bowls with adequate hot and cold running water.

 

5)         Clinic stations shall have at least 3 feet per student in the class, including electrical outlets, mirror space and either a barber chair or styling chair. One wet sanitizer shall be provided for each 10 clinic stations.

 

6)         A chair for each student in the classroom and, when appropriate, sufficient desk or table space.

 

7)         Adequate covered disposal cans placed at convenient locations.

 

8)         At least one covered container for soiled towels in each work space.

 

9)           Closed or covered space equipped for storing towels and having sufficient storage space for 10 dozen towels per 20 students in the clinical work area.

 

10)         One bearded mannequin for each student in attendance.

 

11)         One straight razor and strop for each student and a lather machine for every two students.

 

c)         Sanitary Regulations

 

1)         Clean outer garments must be worn at all times.  No open toed shoes shall be worn by students.

 

2)         All instruments shall be sanitized before and after use on each patron.

 

3)         Clean towels shall be used for each patron.

 

4)         Shampoo bowls must be sanitized after each use.

 

5)         Hands must be cleansed before and after serving each patron.

 

6)         After each patron is served, combs and brushes must be cleansed, then immersed in a disinfectant, then rinsed in water and dried.  Combs and brushes shall be kept in a closed or covered container or space apart from appliances that have not been disinfected.

 

7)         The head rests of any chair shall be protected with a disposable cover or clean towel and changed after each patron.

 

8)         Non-disposable head coverings must be laundered and sanitized after each separate use.

 

9)         All powders, lotions, creams, and other cosmetics shall be kept in clean, closed containers.  All cosmetics shall be applied by sanitary applicators and removed from the container with a sanitary spatula.

 

10)         No owner, manager, teacher, or school administrator shall knowingly permit any person suffering from a serious communicable disease as defined in 77 Ill. Adm. Code 690 to work on the premises, or knowingly permit a student to serve a patron with a serious communicable disease.

 

11)         No animals or pets, except animal assistants for the physically impaired, shall be permitted on school premises.

 

12)         The floors, walls and furniture shall be kept clean at all times.

 

13)         An adequate supply of hot and cold running water shall be available for school operation.

 

d)         Textbooks/Teaching Materials – Textbooks shall be provided for each student in attendance.

 

e)         Teachers – The student/teacher ratio shall not exceed a 25 to 1 ratio.

 

(Source:  Amended at 38 Ill. Reg. 21098, effective November 7, 2014)

 

Section 1175.310  Enrollment Agreements and Refund Policies

 

a)         All licensed private barber schools shall have enrollment agreements that meet the requirements of Section 3B-12 of the Act.  Licensed public barber schools will be deemed to be in compliance with this provision if these schools comply with the requirements of their public institution.

 

b)         All licensed barber schools shall implement refund policies pursuant to Section 3B-13 of the Act and this Section.

 

1)         When notice of cancellation is given within 5 days after the date of enrollment, all application and registration fees, tuition and any other charges shall be refunded to the student.

 

2)         When notice of cancellation is given after the fifth day following enrollment but before the completion of the student's first day of class attendance, the school may retain the application and registration fee, not to exceed $100, and the cost of any books or materials that have been provided by the school and retained by the student.

 

3)         When notice of cancellation is given after the student's completion of the first day of class attendance but prior to the student's completion of 5% of the course of instruction, the school may retain the application and registration fee, not to exceed $100, 10% of the tuition, other instructional charges or $300, whichever is less, and the cost of any books or materials that have been provided by the school and retained by the student.

 

4)         When a student has completed 5% or more of the course of instruction, the school may retain the application fee and registration fee, not to exceed $100, and the cost of any books or materials provided by the school, but shall refund a part of the tuition and other instructional charges in accordance with the requirements of the school's regional or national accrediting agency, if any, or in accordance with this subsection (b). (Section 3B-13(1))

 

c)         For students who enroll in and begin classes, the following schedule of tuition adjustment will be considered to meet the Division standards for refunds:

 

PERCENTAGE OF A SCHEDULED COURSE COMPLETED	AMOUNT OF TUITION OWED TO THE SCHOOL
0.01% to 4.9%	10%
5% to 9.9%	30%
10% to 14.9%	40%
15% to 24.9%	45%
25% to 49.9%	70%
50% and over	100%

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.315  Advertising

 

All school advertising for patrons must conspicuously contain the words "Work Done Exclusively by Students" or "All Work Done by Students".

 

(Source:  Amended at 30 Ill. Reg. 9503, effective May 10, 2006)

 

Section 1175.320  Recordkeeping − Transcripts

 

a)         Each school shall provide an official transcript showing the entire course work of each student.  The official transcript shall contain the following information:

 

1)         School name, address and phone number;

 

2)         School seal;

 

3)         School license number;

 

4)         Signature of owner, registrar or director of the school;

 

5)         Student's name, address and social security number;

 

6)         Actual dates student attended, including start date, end date and graduation date;

 

7)         Subject areas, required hours, earned hours, and grades received (in a percentage form);

 

8)         Any transfer hours citing the name and address of school transferred from, subject areas, hours earned, and grades received (percentage); and

 

9)         Final examination grades (percentage).

 

b)         The official transcript and school records for each student shall be permanently maintained by the school in the following manner:

 

1)         If maintained on the school premises, they shall be maintained in a locked, fire-resistant cabinet.  If official transcripts are maintained on a computer system, history tapes or discs of all official records must be stored in a locked, fire-resistant cabinet or electronically stored in a secure off-site storage system.

 

2)         If records, whether electronic or paper, cannot be maintained on the premises in locked fire-resistant cabinets, duplicate student records, including the official transcripts, shall be maintained at a separate location that shall be made known to the Division.  The records shall be accessible to Division officials for inspection.

 

c)         A copy of the transcript shall be given to the student upon graduation or other permanent exit from the school provided the student has met all financial obligations of the student contract as set forth in Section 1175.310.

 

d)         An official transcript and school records for students who withdrew or dropped out of a program shall be maintained by the school for 5 years from the student's first day of attendance at the school.

 

e)         Transcripts from approved schools must meet the requirements of this Section to be accepted by the Division for licensure.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.325  Recordkeeping – Hours Earned

 

a)         Student Hours.  A licensed barber school shall have a written, published attendance policy.

 

1)         When determining student hours, a school may define its attendance requirements to include 100% attendance for the program length or may allow excused absences for not more than 10% of the program for satisfactory completion.  Satisfactory completion is defined as completion of all theory and practical work as outlined in school's curricula.

 

2)         Student attendance policies shall be written and applied uniformly and fairly.

 

3)         The school must maintain documentation of excused absences for at least 5 years.

 

4)         The school must maintain attendance records for each student to verify that the minimum attendance standard set forth by the school is being met.

 

b)         A complete and accurate record of hours of attendance for each student must be recorded and maintained by the school.

 

c)         If a time clock is used, each student shall punch his/her own time card. No student, teacher or any other person shall punch the time card of another student.  If a time clock is not used, there shall be another verifiable method used by the school to record student hours.  The records shall be in a form that allows the student to receive a written report of hours earned.  This written report of hours earned shall be provided to the student on a monthly basis and shall be placed on a cumulative record by the school.

 

d)         Credit for hours earned away from school premises shall be awarded only if students are supervised by a licensed instructor or by a licensed barber or cosmetologist in the case of an internship.  Credit hours for outside study may include workshops, educational programs, films and demonstrations.

 

e)         Hours earned away from the school premises shall be recorded on school time forms.  These forms shall include:  the school seal, name of student, event or program attended, date attended, signature of student, signature of supervising licensed instructor.

 

f)         Instructors shall review the hours earned by each student monthly. Each month the instructor shall issue a signed monthly report to the student showing the actual number of hours earned by the student.

 

g)         Time cards may be destroyed upon the student's permanent exit from the school and after all hours earned are recorded on the official transcript.

 

h)         An hour shall be considered 50-60 minutes of instruction.

 

i)          A licensed instructor shall supervise all classroom and practical instruction.  No credit shall be given for unsupervised study.

 

j)          A barber student is not permitted to serve the public until he/she has successfully completed a combination of a minimum of 150 hours of classroom instruction and practical application that includes hair cutting, sanitation and shaving.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.330  Curriculum Requirements − Barber

 

a)         Each licensed barber school shall provide a program consisting of a minimum of 1500 clock hours or a 50 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction.  Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.  The licensed barber school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsection (a).  The minimum subjects and number of hours shall be as follows for each category of training:

 

1)         Basic Training:

 

A)        barber history;

 

B)        bacteriology;

 

C)        infection control and safe work practices;

 

D)        implements, tools and equipment;

 

E)        anatomy and physiology;

 

F)         chemistry;

 

G)        electricity and light therapy;

 

H)        properties and disorders of the skin;

 

I)         properties and disorders of the hair and scalp;

 

J)         treatment of the hair and scalp;

 

K)        facial and scalp massage; and

 

L)        the Act and this Part, including sanitary standards.

 

2)           Shaving and facial hair design.

 

3)           Haircutting and styling:

 

A)        cutting;

 

B)        thinning;

 

C)        shaping;

 

D)        trimming;

 

E)        application of electrical/mechanical equipment;

 

F)         curling;

 

G)        hair treatments; and

 

H)        blow drying.

 

4)           Chemical texture services:

 

A)        hair coloring and lightening;

 

B)        chemical safety;

 

C)        OSHA standards relating to chemical use;

 

D)        permanent waving;

 

E)        hair relaxing;

 

F)         hair and scalp conditioning; and

 

G)        shampooing, toning and rinsing.

 

5)           Barbershop management:

 

A)        State and local laws and rules;

 

B)        Workers' Compensation Act;

 

C)        labor law;

 

D)        client relations;

 

E)         bookkeeping; and

 

F)         business ethics.

 

6)           Workers' Compensation Act:

 

A)        labor law;

 

B)        client relations;

 

C)        bookkeeping; and

 

D)        business ethics.

 

b)         An internship program is an optional part of the curriculum. Each licensed barber school may choose to set up an internship program and shall follow the guidelines set forth in this subsection (b).

 

1)         An internship program:

 

A)        May be substituted for 150 hours of the required 1500 program hours set forth in this Section.

 

B)        May be part of the curriculum of a licensed barber school and shall be an organized preplanned training program designed to allow a student to learn barbering under the direct supervision of a licensed barber in a registered barber shop or salon.

 

2)         A student in the internship program:

 

A)        May participate in an internship program only after completing 750 hours of training with a minimum average grade of 80. A school may, however, set the average grade higher and set other standards that a student must meet to participate in the internship program.

 

B)        May not spend more than 150 hours in an internship program for credit.

 

C)        May not be paid while participating in the internship program, as it is a part of the barber curriculum of the school.

 

D)        May work a maximum of 8 hours a day and shall be required to spend 1 day a week at the school.

 

E)        Shall be under the direct on-site supervision of a licensed barber. Only 1 student shall be supervised by 1 licensed barber.

 

3)         A licensed barber school shall state clearly in the enrollment agreement that the school offers an internship program.

 

4)         The licensed barber school shall enter into a contract with the student, the registered barber shop or salon, and a licensed barber. The contract shall contain all the provisions set forth in subsection (b)(2) and any other requirements of the internship established by the school. The contract shall be signed by the student, the school and the licensed barber. Any party to the contract may terminate the contract at any time.

 

c)         A school may, as part of its educational program and on school premises, offer barbering services to the public, through a student clinic, as a means of providing students with practical experience.  Services shall be provided by students working under the supervision of one or more teachers.  Students shall receive no compensation, including tips, but shall receive credit for hours worked towards the 1500-hour education requirement.  The school may provide those services under the authority of its school license and is not required to obtain a salon registration.  The school shall post a sign visible to the public advising that all services are provided by students.  Except as provided in this subsection, a school and a salon shall not operate in the same premises.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

Section 1175.331  Curriculum Requirements – Barber Refresher Course

 

a)         The 250-hour barber refresher course required under Section 1175.210, 1175.220 or 1175.230 shall include a minimum of 250 clock hours of training in the following categories, as defined in Section 1175.330:

 

1)         Basic Training;

 

2)         Shaving and Facial Hair Design;

 

3)         Hair Cutting and Styling;

 

4)         Chemical Texture Services; and

 

5)         Barbershop Management;

 

b)         The refresher course in subsection (a) shall include a minimum of 25 hours in basic training.  The subjects covered in the remaining 225 hours may be determined at the discretion of the school and/or teacher, provided the refresher course includes training in each category listed in subsection (a).  Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.  However, instruction may include online hours in theory not to exceed 10% of the total hours.

 

c)         The 100-hour barber refresher course set forth in Section 1175.210 shall be similar to the refresher course in subsection (a), except that the school and/or teacher shall have the discretion to structure the course to the individual needs of the student to better prepare the student for again taking the examination.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.332  Curriculum Requirements – 500-Hour Barber Course for Licensed Cosmetologists and Licensed Cosmetology Teachers

 

a)         The 500-hour barber course for licensed cosmetologists or licensed cosmetology teachers seeking licensure as a barber (see Section 2-10 of the Act), shall include a minimum of 500 clock hours of instruction and practical experience in subjects in the following categories as defined in Section 1175.330:

 

1)         Basic Training − 90 Hours, including the Act and this Part and sanitary standards;

 

2)         Shaving and Facial Hair Design – 50 Hours;

 

3)         Haircutting and Styling – 300 Hours;

 

4)         Chemical Texture Services – 30 Hours;

 

5)         Barbershop Management – 30 Hours.

 

b)         The school may provide online hours in theory, not to exceed 10% of the total hours.

 

c)         The school may include an internship as part of this course.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.335  Curriculum Requirements – Barber Teacher

 

a)         Each licensed barber school that provides teacher training must utilize a teacher program that includes a minimum of 1000 hours or a 34 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction.  The licensed barber school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsections (a)(1), (2), (3) and (4).  The minimum number of hours shall be as follows:

 

1)         500 hours of Post-Graduate School Training that includes all subjects in the basic barbering curriculum (see Section 1175.330), including theory and practice. Presentation of material must include the concepts that are intended to be taught and the skills to be acquired during the various phases of basic education.;

 

2)         20 hours of Educational Psychology that shall include, but not be limited to, topics in educational objectives, student characteristics and development, the learning process, and an evaluation of learning that relates to teaching. These hours shall be waived on behalf of barber teacher students who have completed a course in Educational Psychology at an accredited college or university.

 

3)         20 hours of Teaching Methods (Theory) that shall include, but not be limited to, topics in individual differences in learning, lesson planning and design, lesson delivery, assessment of learning performance, classroom management, student motivation and classroom climate. These hours shall be waived on behalf of barber teacher students who have completed a course in Teaching Methods-Secondary Level at an accredited college or university.

 

4)         150 hours of Application of Teaching Methods that includes preparation and organization of subject matter to be presented on a unit by unit basis and presentation of subject matter through application of varied methods (lecture, demonstration, testing and assignments). Presentations must provide teaching objectives to be accomplished and correlate theoretical with practical application.

 

5)         50 hours of Business Methods that includes inventory, recordkeeping, interviewing, supplies, the Act and this Part.

 

6)         260 hours of Student Teaching under the on-site supervision of an Illinois licensed teacher. The student teacher shall present theoretical and practical demonstrations to students in the basic curriculum.

 

b)         The approved curriculum for a 500-hour Teacher Training Course shall be based upon 3 years of practical experience for a barber and shall consist of the Teacher Training Curriculum outlined in subsection (a)(2) through (6).

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.336  Curriculum Requirements – Barber Teacher Refresher Courses

 

a)         The barber teacher refresher course shall include a minimum of 250 clock hours of instruction and practical experience and may include online instruction for theory not to exceed 10% of the total hours in subjects in each of the categories of training defined in Section 1175.335:

 

1)         20 hours of Educational Psychology;

 

2)         20 hours of Teaching Methods (Theory);

 

3)         120 hours of Application of Teaching Methods;

 

4)         50 hours of Business Methods; and

 

5)         40 additional hours of training as determined by the school or teacher.

 

b)         In the case of barber teacher applicants who fail to pass a third examination, the remedial training required by Section 1175.335(c) shall include 80 clock hours of additional instruction in the following categories of training defined in Section 1175.335:

 

1)         20 hours of Teaching Methods (Theory); and

 

2)         60 hours of Application of Teaching Methods.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.340  Final Examination

 

a)         A school shall require each candidate for graduation to pass a final examination that tests the student's theoretical and practical knowledge of the curriculum studied.  A "final examination" shall include a single final examination or multiple examinations as determined by the school.

 

b)         The practical examination shall test the candidate's skills in the following areas:

 

1)         Hair cutting;

 

2)         Sanitation; and

 

3)         Shaving.

 

c)         The examination shall be administered by the uniform application of standard performance criteria established by the school for each skill area.  The standard performance criteria for each skill area shall be delineated in the examination records as specified in subsection (h).

 

d)         A passing score of 75 or greater shall be required on both the theoretical and practical portions of the final examination or another state's passing grade.

 

e)         The school shall allow each candidate for graduation at least 3 attempts to pass the final exam.

 

f)         The Division may monitor the administration of the final examination:

 

1)         As a result of a complaint received;

 

2)         For random sampling;

 

3)         To collect data; and/or

 

4)         When the failure rate on the licensure examination for school graduates is greater than 25%.

 

g)         The Division shall maintain records of each school's graduate failure rate on the licensing examination.  The records shall reflect only first examination attempts for each graduate.  The Division may review the records on an annual basis to identify those approved schools that have an average annual failure rate greater than 25%.  An average annual failure rate greater than 25% is grounds for school disapproval.

 

h)         The school shall maintain records of the final examination for a period of no less than 5 years in the manner prescribed in Section 1175.320.  These records shall include:

 

1)         A copy of the final examination administered; and

 

2)         Each student's examination grades.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.345  Change of Ownership

 

a)         For purposes of this Section, "change of ownership", "sale" or "transfer" of a corporation means the transfer of more than 50% of stock during a 14-day period.  For purposes of this Section, "change of ownership", "sale" or "transfer" of a partnership means a change of more than 50% of the partners during a 14-day period. For purposes of this Section, "change of ownership", "sale" or "transfer" of an LLC means a change of more than 50% of the members during a 14-day period.  Any change of ownership of a parent business entity that owns the school's owner shall not be considered a change of ownership of the school.

 

b)         If a licensed school is to be sold or otherwise transferred, the new owner must notify the Division at least 30 days in advance of the effective date of the transfer of ownership.  The notification shall include a signed and dated letter from the pre-transfer owner acknowledging the planned sale or transfer.

 

c)         Upon filing notice to the Division, the new owner may continue to operate the school under the previously issued license, provided that the new owner submits an application for licensure with the Division within 30 days after the effective date of the transfer of ownership by mailing to the Division:

 

1)         A signed and completed school application;

 

2)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305, if any expansion is to be done by the new owner;

 

3)         A copy of:

 

A)        a lease agreement showing at least a 1 year commitment to the use of the school site, the name of the lessor and the name of the lessee; or

 

B)        the certification of proposed school site ownership;

 

4)         A copy of the enrollment agreement that will be utilized by the new owner;

 

5)         If the new owner is a corporation, limited liability company, or partnership a copy of the following:;

 

A)        if the owner is a domestic corporation, a filed copy of the Articles of Incorporation filed with the Secretary of State or, in the case of a foreign corporation, a filed copy of the Authority to Transact Business in Illinois accepted by and filed with the Secretary of State;

 

B)        if the owner is a domestic limited liability company, a copy of the Articles of Organization that were filed with the Secretary of State, or if the owner is a foreign limited liability company, a copy of the Application for Admission to Transact Business as a Foreign Limited Liability Company accepted by and filed with the Secretary of State; or 

 

C)        if the owner is a partnership, a listing of all partners and their addresses;

 

6)         A copy of curricula that will be used by the new owner;

 

7)         A sample copy of the school's official transcript;

 

8)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer;

 

9)         List of all the names, addresses and current status of all schools in which the applicant has previously owned any interest, and a declaration as to whether any of these schools were ever denied accreditation or licensing or lost accreditation or licensing from any government body or accrediting agency;

 

10)         An official inspection report by the local fire inspection authority within 6 months after application approving the school site;

 

11)         A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  This financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must  contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

12)         If a name change is to also occur, all documents submitted must include the new name; and

 

13)         The required fee set forth in Section 1175.100.

 

d)         Once the items listed in subsection (c) have been received, the Division shall conduct an inspection prior to approval of the change of ownership.  Approval will be granted if the requirements of Subpart C have been met.

 

e)         If the new owner fails to submit a new application within 30 days, or if the Division does not approve the school, the school shall remain closed until final Division approval is received.

 

f)         The new owner is responsible for ensuring that the school is in compliance with all current provisions of the Act and this Part.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.350  Change of Location

 

a)         When the location of a licensed  school is to be changed, the school owner shall submit to the Division the following:

 

1)         Written notice to the Division at least 30 days in advance of the school site change;

 

2)         A signed and completed school application;

 

3)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

4)         A copy of:

 

A)        a lease agreement showing at least a 1 year commitment, the address of the school site, the name of the lessor and the name of the lessee; or

 

B)        the certification of ownership of the school site;

 

5)         An official fire inspection report by the local fire inspection authority, conducted within 6 months prior to application, approving the site; and

 

6)         The required fee set forth in Section 1175.100.

 

b)         Once the items listed in subsection (a) have been received, the Division shall inspect the premises to determine compliance with this Part.  If any changes affecting the items in subsection (a) are made prior to inspection, the school owner must notify the Division in writing.  School operations shall not commence at the new location until the owners have received written notice of approval from the Division.  Approval will be granted if the requirements of this Subpart C have been met.

 

c)         If the change of location is due to natural destruction of, or other severe damage to, the original premises due to circumstances beyond the control of the owner, a temporary site may be used to teach theory classes only.

 

1)         The temporary site must be inspected prior to its use and must possess light and ventilation, tables and chairs for the number of students in a classroom, and must be clean.

 

2)         The temporary site may be used for a period of 2 months.  The 2 month period can be extended for good cause.  Good cause includes, but is not limited to, unexpected delays in construction, delays in lease arrangements, or delays in equipment delivery.

 

d)         If the site is not approved, the school shall not solicit new students for this location until the school has been approved.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.355  Change of Name

 

When changing the name of a licensed school, a written request for a name change, along with supporting documentation, and the required fee specified in Section 1175.100, shall be submitted 30 days in advance of any name change.  The Division shall then issue an updated license.  At the time of the change of name, all identifying signs and materials must be changed to conform to the new name on the school license.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.360  Expansion

 

a)         Written notice shall be given to the Division 30 days prior to any expansion of a licensed school.

 

b)         Off-Site Classrooms

 

1)         When the expansion will result in an off-site classroom location, a completed school application must be submitted along with:

 

A)        A detailed 8½ x 11 inch floor plan that is:

 

i)          drawn to scale;

 

ii)         shows dimensions;

 

iii)        has all areas labeled;

 

iv)        has all fixtures shown; and

 

v)         demonstrates compliance with the requirements of Section 1175.305;

 

B)        A copy of:

 

i)          a lease showing at least a 1-year commitment to the use of the site, the address of the school site, the name of the lessor and the name of the lessee; or

 

ii)         the certification of ownership of the proposed site;

 

C)        An official fire inspection report, from the local fire inspection authority within the last 6 months, giving approval for use of the site as an off-site classroom location;

 

D)        A statement from the school owner outlining the purpose of the off-site classroom location;

 

E)        A listing of any and all additional teachers who will be added to the teaching staff as a result of the expansion;

 

F)         A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  This financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must  contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school; and

 

G)        The required fee set forth in Section 1175.100.

 

2)         An off-site classroom location is defined as a separate classroom, not continuously joined (i.e., not accessible from the current or main space), located within 5 miles of the main school site that serves to provide adequate space in which to train an overflow of students.  A clinic may not be operated at an off-site classroom location.  A school may establish only one off-site classroom location.  All identifying signs and materials must reflect the name of the main school.

 

c)         When an on-site expansion is to accommodate an increased enrollment, a completed school application shall be submitted along with:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        with dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

2)         A statement from the school owner outlining the purpose of the expansion;

 

3)         A listing of any and all additional teachers who will be added to the teaching staff as a result of the expansion; and

 

4)         The required inspection fee.

 

d)         Upon receipt of the items listed in subsections (b) and (c), the Division shall inspect the expansion site to determine compliance with this Part.  If any changes affecting the items in subsections (b) and (c) are made prior to inspection, the school owner must notify the Division in writing.  The site shall not be used until the inspection has occurred and the owner has received written notification of approval from the Division.  Approval will be granted if all of the requirements of this Subpart C have been met.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.365  Discontinuance of Program

 

a)         The Division shall receive a minimum of 30 days written notice of a school's intent to discontinue its program.  The notice shall include the exact location where the student records are to be stored.

 

b)         The school owner shall notify the Division in writing of the actual closing date of the school.

 

c)         All school records shall be maintained after the school closes.

 

d)         The school must continue to meet the requirements of the Act and this Part until the actual closing date.

 

e)         Each student enrolled at the time of discontinuation must be provided an official transcript of all hours earned while enrolled in the program.

 

f)         Each student shall be given a refund prorated to at least reflect the percentage of time remaining to complete the course of instruction.

 

g)         Students who have acquired 750 or more clock hours before their school closes shall be allowed to transfer all accumulated hours to another licensed barber school.  Schools accepting these hours shall not be credited with the students' pass/fail statistics (see Section 1175.570(b)) resulting from their first attempt on the Illinois examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.370  Withdrawal of Licensure

 

a)         The Division may withdraw, suspend or place on probation, pursuant to 68 Ill. Adm. Code 1110, the licensure of a school of barbering when the quality of the program has been affected by any of the following causes:

 

1)         Gross or repeated violations of any provisions of the Act or this Part;

 

2)         Fraud or dishonesty in furnishing transcripts or documentation for evaluation of the school;

 

3)         Failure to meet the criteria for school approval in Section 1175.300 or 1175.301;

 

4)         Failure to administer the final examination as specified in this Part;

 

5)         Failure to maintain final examination grades for each student and a master of the examination administered by the school as specified in this Part;

 

6)         Fraud or dishonesty in providing transcripts to students;

 

7)         Failure to provide transcripts to students who have fulfilled all obligations under Section 1175.310;

 

8)         A finding by the U.S. Office of Education or Illinois Student Assistance Commission that a school has misappropriated or misused grant or loan monies or has aided in obtaining such monies by providing fraudulent or untruthful information; or

 

9)         Any other violations of the Act or this Part.

 

b)         The Division shall give written notice and a hearing pursuant to 68 Ill. Adm. Code 1110 when Division approval of a school is proposed to be withdrawn.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.375  Cosmetology Schools Approved to Teach Barbering

 

a)         Existing cosmetology schools that wish to provide barbering instruction shall:

 

1)         Provide 200 square feet of space to accommodate 5 work stations and a maximum of 10 students. If attendance exceeds 10 on the clinic floor at any time, an additional 40 square feet is required for each additional work station required by subsection (a)(4)(B). The use of this space shall not reduce the square footage for the conduct of an approved cosmetology school below the minimum requirements set forth in Section 1175.505.

 

2)         File an application with the Division, on forms provided by the Division, that shall include:

 

A)        A detailed 8½ x 11 inch floor plan that is:

 

i)          drawn to scale;

 

ii)         shows dimensions;

 

iii)        has all areas labeled;

 

iv)        has all fixtures shown; and

 

v)         demonstrates compliance with the requirements of Section 1175.305;

 

B)        An official copy of the fire inspection report from the local fire inspection authority, conducted within 6 months prior to application, giving approval for use of the site as a school;

 

C)        A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  This financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must  contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

D)        A copy of the enrollment agreement to be used by the school;

 

E)        A copy of the barbering curriculum;

 

F)         A listing of all barber and cosmetology teachers, including their teacher license numbers, who will be in the school's employ;

 

G)        A copy of the school's official transcript; and

 

H)        The required fee set forth in Section 1175.100.

 

3)         Subsections (a)(2)(B) through (D) shall not apply to a public school.

 

4)         When the items listed in subsection (a)(2) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance.

 

5)         In addition, the school shall have the following:

 

A)        At least one work station or position for every 2 students. Every work station shall include electrical outlets, mirror space and either a barber chair or styling chair.

 

B)        Every school shall provide sufficient barbering tools, devices and supplies for each student in attendance.

 

b)         Cosmetology schools approved to teach barbering shall be required to comply with all provisions of this Part.  Space and equipment required for barber schools pursuant to Section 1175.305(a) and (b) may be utilized for both the cosmetology and barber programs offered by the cosmetology school.

 

c)         Cosmetology teachers shall only teach those subjects that are common to barbering and cosmetology.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART D: COSMETOLOGY

 

Section 1175.400  Licensure by Examination – Cosmetology

 

a)         Eligibility.  Each applicant must meet the following requirements (see Section 3-2 or 3-3 of the Act) prior to filing an application for the cosmetologist examination:

 

1)         Be at least 16 years of age;

 

2)         Be a high school graduate or its equivalent or be beyond the age of compulsory school attendance;

 

3)         Either:

 

A)        Pursuant to Section 3-2 of the Act, graduate from a cosmetology school approved by the Division that meets the requirements set forth in Subpart E; or

 

B)        Pursuant to Section 3-3 of the Act, graduate from a barber school approved by the Division that meets the requirements set forth in Subpart C.

 

b)         Application.  Each applicant shall file an application for examination, on forms provided by the Division.  The application shall include:

 

1)         An official transcript showing successful completion of the required training outlined in Section 3-2(c) or 3-3(c) of the Act and a passing grade on the final examination administered by the school as set forth in Section 1175.540;

 

2)         The required fee set forth in Section 1175.100;

 

3)         Official transcripts showing successful completion of remedial training when required by Section 3-6 of the Act or Section 1175.410 of this Part;

 

4)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on any documents submitted;

 

5)         If licensed as a cosmetologist in another state, a certification of licensure from the state of original licensure and from the state of current licensure or most recent practice; and

 

6)         The examination fee required by the Department's testing service. 

 

c)         Examination.  Each applicant shall take and pass the cosmetology examination as required in Section 1175.410.

 

d)         An applicant's training received from a cosmetology school or similar institution located in another state, other jurisdiction of the United States, or foreign jurisdiction must substantially comply with the requirements set forth in Subpart E.  An applicant seeking credit for training or licensure in a foreign country must provide educational training credentials and transcripts and/or evidence of licensure to determine if the applicant's program substantially complies with the requirements set forth in Subparts D and E.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The Board may also require additional coursework or a 250-hour cosmetology refresher course from a school licensed by the Division as set forth in Section 1175.531.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.405  Licensure by Examination – Cosmetology Teacher

 

a)         Eligibility.  Each applicant must meet the following requirements pursuant to Section 3-4(a)(1), (2), (3) and (4) of the Act prior to filing an application for the cosmetology teacher examination:

 

1)         Be at least 18 years of age;

 

2)         Be a high school graduate or its equivalent;

 

3)         Hold a license in good standing as a cosmetologist;

 

4)         Either:

 

A)        Complete a program of 500 hours of cosmetology teacher training in an approved cosmetology school and 2 years of practical experience as a licensed cosmetologist within 5 years preceding the application; or

 

B)        Complete a program of 1000 hours of cosmetology teacher training in an approved cosmetology school.

 

b)         Application.  Each applicant shall file an application, on forms provided by the Division. The application shall include:

 

1)         Either:

 

A)        In the case of a cosmetology teacher training graduate (see Section 3-4(a)(4)(i) of the Act):

 

i)          An official transcript from an approved cosmetology school showing successful completion of a program of 500 hours of cosmetology teacher training as set forth in Section 1175.535; and

 

ii)         2 employment verification forms showing at least 2 years of practical experience as a licensed cosmetologist within the last 5 years. 

 

B)        In the case of a cosmetology teacher training graduate, pursuant to Section 3-4(a)(4)(ii) of the Act, an official transcript from an approved cosmetology school showing successful completion of a program of 1000 hours of cosmetology teacher training as set forth in Section 1175.535;

 

2)         The applicant's Illinois cosmetology license number;

 

3)         If licensed as a cosmetology teacher in another state, other jurisdiction of the United States, or foreign jurisdiction, a certification of licensure from the state or jurisdiction of original licensure and from the state or jurisdiction of current licensure or most recent practice;

 

4)         Proof of any name change (i.e., marriage license, divorce decree, affidavit, or court order) if name is other than that shown on any document submitted; and

 

5)         The examination fee required by the Department's testing service.

 

c)         Examination.  Each applicant shall take and pass the cosmetology teacher examination as required in Section 1175.410. 

 

d)         An applicant's training received from a cosmetology school or similar institution located in another state, other jurisdiction of the United States or foreign jurisdiction must substantially comply with the requirements set forth in Subpart E.  An applicant seeking credit for training or licensure in a foreign country must provide educational training credentials and transcripts and/or evidence of licensure to determine if the applicant's program substantially complies with the requirements set forth in Subparts D and E.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The Board may also require additional coursework or a 250-hour cosmetology refresher course from a school licensed by the Division as set forth in Section 1175.531.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training.

 

e)         The required fee set forth in Section 1175.100.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.406  Licensure by Acceptance of Examination − Cosmetologist

 

a)         Eligibility.  If the applicant does not hold a license as a cosmetologist or cosmetology teacher in any jurisdiction of the United States but has completed cosmetology training and passed cosmetology licensing examination in that jurisdiction substantially similar to the requirements of the Act and this Part, the applicant shall apply for licensure under this Section. 

 

b)         Application.  Each applicant shall file an application for acceptance of examination on forms provided by the Division.  The application shall include:

 

1)         An official transcript from the school or program showing successful completion of training;

 

2)         Proof of passage of the licensing examination within 12 months of application; and

 

3)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.407  Licensure by Acceptance of Examination − Cosmetology Teacher

 

a)         Eligibility.  If the applicant has a cosmetology license in any jurisdiction of the United States, does not hold a cosmetology teacher license in any jurisdiction of the United States, and has completed cosmetology teacher training and passed a teacher examination in another jurisdiction of the United States other than Illinois substantially similar to the requirements of the Act and this Part, the applicant shall apply for licensure under this Section.

 

b)         Application.  Each applicant shall file an application for acceptance of examination on forms provided by the Division.  The application shall include:

 

1)         Proof of licensure as a cosmetologist in this or any other jurisdiction of the United States;

 

2)         Proof of 2 years of practical experience as a licensed cosmetologist within 5 years preceding the application;

 

3)         An official transcript from the school or program showing successful completion of teacher training;

 

4)         Proof of passage of a teacher licensing examination within 12 months preceding the application; and

 

5)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.410  Examination Requirements

 

a)         Examinations shall be administered by the Division or its designated testing service and shall cover subject matter as set forth in Section 3-6 of the Act.

 

b)         The passing grade on each examination is 75 or another state's passing grade.

 

c)         Retakes

 

1)         A cosmetology applicant who fails to pass a third examination must submit an official transcript from a licensed cosmetology school showing successful completion of a 100-hour refresher course, or the 250-hour cosmetology refresher course, from a school licensed by the Division as set forth in Section 1175.531, prior to taking the examination a fourth time.

 

2)         A cosmetology teacher applicant who fails to pass a third examination must submit an official transcript from a licensed cosmetology school showing successful completion of 80 hours of additional study in teaching methodology and educational psychology prior to taking the examination a fourth time.

 

3)         The requirement for remedial training set forth in this Section may be waived in whole or in part by the Division upon proof to the Division that the applicant has demonstrated competence to again sit for the examination.  Pursuant to Section 3-6 of the Act, the Division shall consider the following factors when waiving remedial training, including but not be limited to: the percentage points by which the applicant failed the examination, the number of times the applicant failed the examination and extenuating circumstances that explain the applicant's failure to pass the examination.

 

4)         For purposes of the examination retakes, the fourth attempt shall count as the first.

 

5)         An applicant shall make a written request for an examination retake at least 45 days in advance of the examination date.  The request must include the required examination fee and official transcripts when further study is required in accordance with subsections (c)(1), (2) and (3).

 

d)         If an applicant has not submitted an application for licensure within 12 months after taking and passing the examination, the applicant must retake and pass the examination prior to being granted a license.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.415  Application for Licensure (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.420  Licensure by Endorsement

 

a)         An applicant who is currently registered or licensed as a cosmetologist in another state or jurisdiction of the United States and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official certification of licensure from the state or government board in the applicant's jurisdiction of original licensure and from the state or government board in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's name, the cosmetologist license number, the original issuance date and the expiration date.  The license issued must be the same or substantially similar to the cosmetology license issued by the Division;

 

2)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

3)         The required fee set forth in Section 1175.100.

 

b)         An applicant who is currently registered or licensed as a cosmetology teacher in another state or jurisdiction of the United States and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official certification of licensure from the state or government in the applicant's jurisdiction of original licensure and from the state or government board in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's name, the cosmetology teacher license number, the original issuance date and the expiration date.  The license issued must be the same or substantially similar to the cosmetology teacher license issued by the Division;

 

2)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

3)         The required fee set forth in Section 1175.100.

 

c)         An applicant who is currently registered or licensed as a cosmetologist in a foreign country or province and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official document from the government agency, board or council in the applicant's original jurisdiction of practice stating the applicant's name, the cosmetologist license number, the original issuance date, the expiration date, a brief description of any licensure or exit examination taken to qualify for the license, and the grades received.  The license issued in a foreign country and its requirements must be the same or substantially similar to the cosmetology license issued by the Division;

 

2)         An official transcript from the school or schools attended by the applicant showing the individual subject areas completed and the hours completed by the applicant, with the school seal affixed, or an official certification from the government agency, board or council showing the individual subject areas completed and the hours completed by the applicant, with the board, agency or council seal affixed.  Educational training credentials and transcripts and/or evidence of licensure obtained in a foreign country must be submitted to determine if the applicant's program substantially complies with the requirements set forth in Subparts D and E.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The scope of practice and education requirements must be the same or substantially similar to the cosmetology license issued by the Division.  The Board may require additional coursework or a 250-hour cosmetology refresher course from a school licensed by the Division as set forth in Section 1175.531 or may require an applicant to pass the cosmetology examination.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training;

 

3)         An official certification of licensure from the state or country in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's legal name, the cosmetologist license number, the original issuance date, the expiration date, a brief description of any licensure examination taken to qualify for the license and the grades received, and whether the applicant's file contains any record of disciplinary actions taken or pending;

 

4)         Evidence that the applicant has practiced cosmetology in another jurisdiction for at least 3 years after completing the requirements to qualify for registration or licensure in that particular jurisdiction, but within 5 years preceding his/her application for endorsement.  This evidence may be in the form of affidavits from at least 3 clients, coworkers or business owners who can verify the applicant's practice as a cosmetologist;

 

5)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

6)         The required fee set forth in Section 1175.100.

 

d)         An applicant who is currently registered or licensed as a cosmetology teacher in a foreign country and who is seeking licensure as a cosmetology teacher in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official document from the government agency, board or council in the applicant's jurisdiction of original licensure stating the applicant's  name, the cosmetology teacher license number, the original issuance date, the expiration date, a brief description of any licensure or exit examination taken to qualify for the license, and the grades received.  The license issued in a foreign country and its requirements must be the same or substantially similar to the cosmetology teacher license issued by the Division;

 

2)         An official transcript from the school or schools attended by the applicant showing the individual subject areas completed and the hours completed by the applicant, with the school seal affixed, or an official certification from the government agency, board or council showing the individual subject areas completed and the hours completed by the applicant, with the agency, board or council seal affixed.  Educational training credentials and transcripts and/or evidence of licensure obtained in a foreign country shall be submitted to determine if the applicant’s program substantially complies with the requirements set forth in Subparts D and E.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The scope of practice and education requirements must be the same or substantially similar to the cosmetology teacher license issued by the Division.  The Board may require additional coursework or a 250-hour cosmetology refresher course from a school licensed by the Division as set forth in Section 1175.531 or require an applicant to pass the cosmetology examination and/or the cosmetology teacher examination.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training;

 

3)         An official certification of licensure from the state or country in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's legal name, the cosmetologist license number, the original issuance date, the expiration date, a brief description of any licensure examination taken to qualify for the license and the grades received, and whether the applicant's file contains any record of disciplinary actions taken or pending;

 

4)         Evidence that the applicant has practiced as a cosmetology teacher in another jurisdiction for at least 3 years after completing the requirements to qualify for registration or licensure in that particular jurisdiction, but within 5 years preceding his/her application for endorsement.  This evidence may be in the form of affidavits from at least 3 clients, coworkers, business owners, students or school administrators who can verify the applicant's practice as a cosmetology teacher;

 

5)         Proof of name change (i.e., marriage license, divorce decree, affidavit or court order) if name is other than that shown on any of the documents submitted; and

 

6)         The required fee set forth in Section 1175.100.

 

e)         An applicant for licensure as a cosmetologist who is licensed in another jurisdiction may be given up to 300 hours of educational credit for every 12-month period during which he/she was lawfully employed as a cosmetologist.  To obtain credit for work experience, the applicant must submit verification of employment on forms provided by the Division in support of the work experience from at least 3 clients, coworkers or business owners.  A certification of licensure from the jurisdiction in which the lawful practice is claimed must also be submitted.

 

f)         An applicant applying for licensure as a cosmetologist or cosmetology teacher on the basis of endorsement who has previously failed the licensing examination under this Act in Illinois shall not be approved for licensure on the basis of endorsement unless and until he/she provides verification of successful completion of a substantially equivalent licensure examination.  The successful completion of the substantially equivalent examination must occur after the most recently failed examination attempt in Illinois. An applicant may be required to appear before the Board to answer questions about any examination taken by the applicant.  The Board may recommend the completion of additional education by an applicant prior to licensure.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.425  Renewals

 

a)         Every license issued under the Act shall expire as follows:

 

1)         Cosmetology teacher, cosmetology clinic teacher and cosmetology school licenses shall expire on September 30 of each even-numbered year.

 

2)         Cosmetologist licenses shall expire on September 30 of each odd-numbered year. A prerenewal period is the 24-month period preceding September 30 in the year of renewal.

 

3)         The holder of a license may renew that license during the month preceding its expiration date.

 

b)         Applicants for renewal shall:

 

1)         Submit a completed renewal application.

 

2)         Cosmetologist – Certify on the renewal application to successful completion of a minimum of 14 hours of CE from a cosmetology sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the expiration date of the license, if renewing a cosmetology license.  Certify compliance with Section 1175.1220.

 

3)         Cosmetology Teacher and Cosmetology Clinic Teacher – Certify on the renewal application to successful completion of a minimum of 24 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to renewal if renewing a cosmetology teacher or cosmetology clinic teacher license. Certify compliance with Section 1175.1220. Ten of 24 hours shall be in the following areas:

 

A)        Teaching methodology;

 

B)        Educational psychology;

 

C)        Classroom management; or

 

D)        Other teaching related courses.

 

4)         Submit the required fee set forth in Section 1175.100.

 

c)         A renewal applicant is not required to comply with CE for the first renewal after issuance of original license.

 

d)         The Division may require additional evidence demonstrating compliance with the CE requirements (i.e., certificate of attendance or certificate of completion).  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of this compliance.  That evidence shall be required in the context of the Division's random audit.

 

e)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to renew a license.

 

f)         Practicing or operating on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 4-7 of the Act.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.430  Restoration – Cosmetology

 

a)         Application for Restoration

 

1)         A person applying for restoration of a license as a cosmetologist that has expired or been on inactive status for less than 5 years shall submit an application on forms provided by the Division and:

 

A)        Pay the required fee set forth in Section 1175.100;

 

B)        Provide evidence of successful completion of 14 hours of continuing education earned within the 2 years immediately preceding the restoration.

 

2)         If restoring after active military service, the applicant shall submit a copy of the applicant's DD-214 and the current renewal fee.

 

b)         A person applying for restoration of a license as a cosmetologist that has been expired or been on inactive status for 5 years or more shall submit an application on forms provided by the Division along with either:

 

1)         All of the following:

 

A)        Verification of employment as a cosmetologist in another jurisdiction for at least 24 months within the 5 years preceding application for restoration from at least 3 clients, coworkers or business owners;

 

B)        Certification of licensure from the licensing authority in the jurisdiction of employment stating that the practice was authorized;

 

C)        A completed Restoration Questionnaire;

 

D)        Evidence of successful completion of 14 hours of CE earned within the 2 years immediately preceding restoration; and

 

E)        The required fee set forth in Section 1175.100; or

 

2)         A copy of the applicant's DD-214 and the current renewal fee, if restoring from active military service.

 

c)         An applicant for restoration under subsection (b) who is unable to comply with one or both of subsections (b)(1)(A) and (B) shall submit official transcripts showing successful completion of a 250-hour refresher course from a licensed cosmetology or barber school as set forth in Section 1175.531 or passage of the examination set forth in Section 1175.410 within 2 years prior to or within 2 years after application for restoration. A cosmetology applicant who completes this refresher course or takes the examination shall not be required to complete 14 hours of CE, but shall comply with the remaining requirements of subsection (b).

 

d)         If an applicant takes and fails the examination, the license will not be restored until he/she has successfully completed the examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.435  Restoration – Cosmetology Teacher and Cosmetology Clinic Teacher

 

a)         A person applying for restoration of a license as a licensed cosmetology teacher or cosmetology clinic teacher that has been expired or been on inactive status for less than 5 years shall file an application, on forms provided by the Division.  An applicant shall also submit proof of 24 hours of CE in accordance with Section 1175.1200 earned within the 2 years preceding the restoration and the required fee set forth in Section 1175.100.  If restoring after active military service, an applicant shall submit a copy of his/her DD-214 and the current renewal fee.

 

b)         A person applying for restoration of a license as a cosmetology teacher or cosmetology clinic teacher that has been expired for 5 years or more shall submit an application on forms provided by the Division, along with either:

 

1)         All of the following:

 

A)        Verification of employment as a cosmetology teacher or cosmetology clinic teacher in another jurisdiction for at least 24 months within the 5 years preceding application for restoration from at least 3 students, coworkers or school owners;

 

B)        Certification of licensure from the licensing authority in the jurisdiction of employment;

 

C)        Evidence of successful completion of 24 hours of CE earned within the 2 years immediately preceding the restoration;

 

D)        A completed Restoration Questionnaire; and

 

E)        The required fee set forth in Section 1175.100; or

 

2)         If restoring after active military service, a copy of the applicant's DD-214 and the current renewal fee.

 

c)         An applicant for restoration of a cosmetology teacher license under subsection (b) who is unable to comply with one or both of subsections (b)(1)(A) and (B) shall submit official transcripts showing successful completion of a 250-hour cosmetology teacher refresher course set forth in Section 1175.536 or passage of the examination set forth in Section 1175.410 within 2 years prior to or within 2 years after application for restoration of a license. Those who successfully complete a 250-hour refresher course or take the examination shall not be required to complete CE before restoring a license, but shall comply with the remaining requirements of subsection (b).

 

d)         An applicant for restoration of a cosmetology clinic teacher license under subsection (b) who is unable to comply with one or both of subsections (b)(1)(A) and (B) shall submit official transcripts showing successful completion of a 60 hour cosmetology teacher refresher course as set forth in Section 1175.536 or passage of the examination set forth in Section 1175.410 within 2 years prior to or within 2 years after application for restoration of a license.  Those who successfully complete a 60-hour refresher course as set forth in Section 1175.536 or take the examination shall not be required to complete CE before restoring a license but shall comply with the remaining requirements of subsection (b).

 

e)         If an applicant takes and fails the examination, the license will not be restored until he/she has passed the examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.440  Licensed Barber or Barber Teacher Seeking License as Cosmetologist

 

A licensed barber or barber teacher may apply for licensure as a cosmetologist.  Each applicant shall file an application on forms provided by the Division that includes:

 

a)         The applicant's current barber or barber teacher license number;

 

b)         An official transcript showing successful completion of the supplemental cosmetology course (see Section 1175.532);

 

c)         Proof of passage of the cosmetology examination; and

 

d)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.441  Licensed Barber Teacher Seeking License as Cosmetology Teacher

 

A licensed barber teacher may apply for licensure as a cosmetology teacher.  Each applicant shall file an application on forms provided by the Division that includes:

 

a)         The applicant's current barber teacher license number;

 

b)         The applicant's current cosmetology license number or an official transcript showing successful completion of the supplemental cosmetology course (see Section 1175.532) and proof of passage of the cosmetology examination; and

 

c)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.442  Licensed Esthetician or Esthetics Teacher Seeking License as Cosmetologist

 

A licensed esthetician or esthetics teacher may apply for licensure as a cosmetologist.  Each applicant shall file an application on forms provided by the Division that includes:

 

a)         The applicant's current esthetician or esthetics teacher license number;

 

b)         Proof of compliance with the requirements of Section 1175.400;

 

c)         An official transcript showing successful completion of the 1500-hour cosmetology course (see Section 3-2 or 3-3 of the Act).  The school shall provide credit for all coursework previously completed by the applicant that is common to both esthetics and cosmetology.  The official transcript shall indicate the coursework and hours being credited, as well as the coursework undertaken, and credits earned at the school, which shall total at least 1500 hours; and

 

d)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.443  Licensed Esthetics Teacher Seeking License as Cosmetology Teacher

 

A licensed esthetics teacher may apply for licensure as a cosmetology teacher.  Each applicant shall file an application on forms provided by the Division that includes:

 

a)         The applicant's current esthetics teacher license number;

 

b)         The applicant's current cosmetology license number or proof of compliance with the requirements of Sections 1175.400 and 1175.442(c); and

 

c)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.444  Licensed Nail Technician or Nail Technology Teacher Seeking License as Cosmetologist

 

A licensed nail technician or nail technology teacher may apply for licensure as a cosmetologist.  Each applicant shall file an application on forms provided by the Division that includes:

 

a)         The applicant's current nail technician or nail technology teacher license number;

 

b)         Proof of compliance with the requirements of Section 1175.400;

 

c)         An official transcript showing successful completion of the 1500-hour cosmetology course (see Section 3-2 or 3-3 of the Act).  The school shall provide credit for all coursework previously completed by the applicant that is common to both nail technology and cosmetology.  The official transcript shall indicate the coursework and hours being credited, as well as the coursework undertaken, and hours earned at the school, which shall total at least 1500 hours; and

 

d)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.445  Licensed Nail Technology Teacher Seeking License as Cosmetology Teacher

 

A licensed nail technology teacher may apply for licensure as a cosmetology teacher.  Each applicant shall file an application on forms provided by the Division that includes:

 

a)         The applicant's current nail technology teacher license number;

 

b)         The applicant's current cosmetology license number or proof of compliance with the requirements of Sections 1175.400 and 1175.444(c); and

 

c)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART E: COSMETOLOGY SCHOOLS

 

Section 1175.500  School Licensure Application – Private Schools

 

a)         An applicant for a private cosmetology school license shall submit a completed application to the Division with the following information and documentation:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.505;

 

2)         A copy of:

 

A)        a lease showing at least a 1-year commitment to the use of the school site, the address of the school site, the name of the lessor and the name of the lessee; or

 

B)        certification of ownership of the proposed school site;

 

3)         If the owner is a corporation, a filed copy of the Articles of Incorporation; if the owner is a limited liability company, a filed copy of the Articles of Organization; or if the owner is a partnership, a listing of all partners and their current addresses;

 

4)         If the owner will be conducting business under an assumed name as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name;

 

5)         An official fire inspection report from the local fire inspection authority within 6 months prior to filing an application giving approval for use of the site as a school;

 

6)         A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  The financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

7)         A copy of the official enrollment agreement to be used by the school, which shall be consistent with the requirements of Section 1175.510;

 

8)         A listing of all teachers, including their teacher license numbers, who will be in the school's employ;

 

9)         A copy of the curricula that will be followed for each program that meets the requirements of Section 1175.530;

 

10)         A copy of the school's official transcript for each program that complies with the requirements of Section 1175.530; 

 

11)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer; and

 

12)         The required fee set forth in Section 1175.100.

 

b)         New schools that wish to offer nail technology, barbering, hair braiding and/or esthetics in addition to cosmetology shall comply with Sections 1175.375, 1175.805, 1175.1505 and/or 1175.1105.

 

c)         When the items required by subsections (a) and (b) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart.  School operations shall not commence, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval will be granted if all of the requirements of Subpart E have been met.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.501  School Licensure Application – Public Schools

 

a)         An applicant for a cosmetology school license shall submit a completed application to the Division with the following information and documentation:

 

1)         A detailed 8½ x 11 inch floor plan;

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.505; 

 

2)         A listing of all teachers, including their teacher license numbers, who will be in the school's employ;

 

3)         A copy of the curricula that will be followed for each program that meets the requirements of this Part;

 

4)         A copy of the school's official transcript for each program that meets the requirements of this Part;

 

5)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer; and

 

6)         The required fee set forth in Section 1175.100.

 

b)         New schools that wish to offer nail technology, barbering, hair braiding and/or esthetics in addition to cosmetology shall comply with Sections 1175.375, 1175.805, 1175.1505 and/or 1175.1105.

 

c)         When the items required by subsections (a) and (b) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart.  School operations may not commence, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval will be granted if all of the requirements of this Subpart have been met.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.505  Physical Site Requirements

 

a)         Space Requirements

 

1)         A school shall have a minimum of 1000 square feet of work space. If the school has more than 20 students, an additional 30 square feet of work space is required for each additional student if attendance on the clinic floor exceeds 20 at any given time.

 

2)         Work space shall include:  dispensary and laboratory area.  Work space shall not include:  classrooms, facial areas, rest rooms, halls, checkrooms, conference rooms, storage space or other areas or facilities for school administration.

 

3)         Two restrooms shall be provided.

 

4)         Cloak space separate from the work space shall be provided for the public.

 

5)         A public waiting area must be provided.

 

6)         Schools shall provide a student lounge area that shall be separated from the work area and sufficient space for each student to keep school related and personal items.

 

7)         All areas of the school shall be ventilated and lighted.

 

b)         Equipment Requirements – All equipment shall be in working condition and sufficient for the number of students enrolled.  Minimum requirements for school equipment are:

 

1)         An entrance sign designating the name of the school.

 

2)         A school seal.

 

3)         A time clock or other equipment necessary for verification of attendance and hours earned.

 

4)         Two facial chairs to be placed in an enclosed or screened area.  Facial chairs shall only be used for facials and/or waxing.

 

5)         One facial supply station containing astringents, lotions, creams, makeup and other necessary supplies for facials.

 

6)         Four shampoo chairs and 4 shampoo bowls with adequate hot and cold running water.

 

7)         One hood hair dryer for every 10 clinic stations.

 

8)         Clinic station shall have at least 3 feet per student in the class, including electrical outlets, mirror space, manicuring/pedicuring table, and either a barber chair or styling chair. One wet sanitizer shall be provided for each 10 clinic stations. If the barber chair or styling chair is not suitable for manicures or pedicures, then a suitable nail patron chair shall be provided.

 

9)         A chair for each student in the classroom and, when appropriate, sufficient desk or table space.

 

10)         Adequate number of covered disposal cans placed at convenient locations.

 

11)         At least one covered container for soiled towels in thework space.

 

12)         Closed or covered space equipped for storing towels and having sufficient storage space for 10 dozen towels per 20 students in the clinical work area.

 

13)         One mannequin for each student in attendance.

 

c)         Sanitary Regulations

 

1)         Clean outer garments must be worn at all times.  No open toed shoes shall be worn by students.

 

2)         All instruments shall be sanitized before and after use on each patron.

 

3)         Clean towels shall be used for each patron.

 

4)         Shampoo bowls must be sanitized after each use.

 

5)         Hands must be cleansed before and after serving each patron.

 

6)         After each patron is served, combs and brushes must be cleansed, then immersed in a disinfectant, then rinsed in water and dried.  Combs and brushes shall be kept in a closed or covered container or space apart from appliances that have not been disinfected.

 

7)         The head rests of any chair shall be protected with a disposable cover or clean towel and changed after each patron.

 

8)         Non-disposable head coverings must be laundered and sanitized after each separate use.

 

9)         All powders, lotions, creams and other cosmetics shall be kept in clean, closed containers.  All cosmetics shall be applied by sanitary applicators and removed from the container with a sanitary spatula.

 

10)         No owner, manager, teacher or school administrator shall knowingly permit any person suffering from a serious communicable disease as defined in 77 Ill. Adm. Code 690 to work on the premises, or knowingly permit a student to serve a patron with a serious communicable disease.

 

11)         No animals or pets, except animal assistants for the physically impaired, shall be permitted on school premises.

 

12)         The floors, walls and furniture shall be kept clean at all times.

 

13)         An adequate supply of hot and cold running water shall be available for school operation.

 

d)         Textbooks/Teaching Materials – Textbooks shall be provided for each student in attendance.

 

e)         Teachers – The student/teacher ratio during clinical instruction shall not exceed a 25 to 1 ratio.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.510  Enrollment Agreements and Refund Policies

 

a)         All licensed private cosmetology schools shall have enrollment agreements that meet the requirements of Section 3B-12 of the Act.  Licensed public cosmetology schools will be deemed to be in compliance with this provision if these schools comply with the requirements of their public institution.

 

b)         All licensed cosmetology schools shall implement refund policies pursuant to Section 3B-13 of the Act and this Section.

 

1)         When notice of cancellation is given within 5 days after the date of enrollment, all application and registration fees, tuition, and any other charges shall be refunded to the student.

 

2)         When notice of cancellation is given after the fifth day following enrollment but before the completion of the student's first day of class attendance, the school may retain the application and registration fee, not to exceed $100, and the cost of any books or materials that have been provided by the school and retained by the student. 

 

3)         When notice of cancellation is given after the student's completion of the first day of class attendance but prior to the student's completion of 5% of the course of instruction, the school may retain the application and registration fee, not to exceed $100, 10% of the tuition, other instructional charges or $300, whichever is less, and the cost of any books or materials that have been provided by the school and retained by the student.

 

4)         When a student has completed 5% or more of the course of instruction, the school may retain the application fee and registration fee, not to exceed $100, and the cost of any books or materials provided by the school, but shall refund a part of the tuition and other instructional charges in accordance with the requirements of the school's regional or national accrediting agency, if any, or in accordance with this subsection (b). (Section 3B-13(1) of the Act)

 

c)         For students who enroll in and begin classes, the following schedule of tuition adjustment will be considered to meet the Division standards for refunds:

 

PERCENTAGE OF A SCHEDULED  COURSE COMPLETED	AMOUNT OF TUITION OWED TO THE SCHOOL
0.01% to 4.9%	10%
5% to 9.9%	30%
10% to 14.9%	40%
15% to 24.9%	45%
25% to 49.9%	70%
50% and over	100%

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.515  Advertising

 

All school advertising for patrons must contain the words "Work Done Exclusively by Students" or "All Work Done by Students" displayed in a conspicuous manner.

 

(Source:  Amended at 30 Ill. Reg. 9503, effective May 10, 2006)

 

Section 1175.520  Recordkeeping − Transcripts

 

a)         Each school shall provide an official transcript showing the entire program work of each student.  The official transcript shall contain the following information:

 

1)         School name, address and phone number;

 

2)         School seal;

 

3)         School license number;

 

4)         Signature of the owner, registrar or director of the school;

 

5)         Student's name, address and social security number;

 

6)         Actual dates student attended, including start date, end date and graduation date;

 

7)         Subject areas, required hours, earned hours, and grades received (in a percentage form);  

 

8)         Any transfer hours citing the name and address of school transferred from, subject areas, hours earned, and grades received (percentage); and

 

9)         Final examination grades (percentage).

 

b)         The official transcript and school records for each student shall be permanently maintained by the school in the following manner:

 

1)         If maintained on the school premises, they shall be maintained in a locked, fire-resistant cabinet.  If official transcripts are maintained on a computer system, history tapes or discs of all official records must be stored in a locked, fire-resistant cabinet or electronically stored in a secure off-site storage system.

 

2)         If records, whether electronic or paper, cannot be maintained on the premises in locked fire-resistant cabinets, duplicate student records, including the official transcripts, shall be maintained at a separate location that shall be made known to the Division.  The records shall be accessible to Division officials for inspection.

 

c)         An official transcript and school records for students who withdrew or dropped out of a program shall be maintained by the school for 5 years from the student's first day of attendance at the school.

 

d)         A copy of the transcript shall be given to the student upon graduation or other permanent exit from the school provided the student has met all financial obligations set forth in the enrollment agreement set forth in Section 3B-12 of the Act and Section 1175.510.

 

e)         Transcripts from approved schools must meet the requirements of this Section to be accepted by the Division for licensure.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.525  Recordkeeping – Hours Earned

 

a)         Student Hours.  A licensed school of cosmetology shall have a written, published attendance policy.

 

1)         When determining student hours, a school may define its attendance requirements to include 100% attendance for the program length or may allow excused absences for not more than 10% of the program for satisfactory completion.  Satisfactory completion is defined as completion of all theory and practical work as outlined in school's curricula.

 

2)         Student attendance policies shall be written and applied uniformly and fairly.

 

3)         The school must maintain documentation of excused absences for at least 5 years.

 

4)         The school must maintain attendance records for each student to verify that the minimum attendance standard set forth by the school is being met.

 

b)         A complete and accurate record of hours of attendance for each student must be recorded and maintained by the school.

 

c)         If a time clock is used, each student shall punch his/her own time card. No student, teacher or any other person shall punch the time card of another student.  If a time clock is not used, there shall be another verifiable method used by the school to record student hours.  The records must be in a form that allows the student to receive a written report of hours earned.  This report of hours earned shall be provided to the student on a monthly basis.

 

d)         Credit for hours earned away from the school premises shall be awarded only if students are supervised by a licensed instructor or by a licensed cosmetologist in the case of an internship.  Credit hours for outside study may include workshops, educational programs, films, demonstrations and internship training in a registered salon.

 

e)         Hours earned away from the school premises shall be recorded on school time forms.  These forms shall include the school seal, name of student, event or program attended, date attended, signature of student, signature of supervising licensed instructor.

 

f)         Instructors shall review the hours earned by each student monthly. Each month the instructor shall issue a signed monthly report to the student showing the actual number of hours earned by the student.

 

g)         Time cards may be destroyed upon the student's permanent exit from the school and after all hours earned are recorded on the official transcript.

 

h)         An hour is 60 minutes of instruction but not less than 50 minutes.

 

i)          A licensed instructor shall supervise all classroom and practical instruction. No credit shall be given for unsupervised study.

 

j)          A cosmetology student is not permitted to serve the public until he/she has successfully completed a combination of the 150 hours of basic training requirements specified in Section 1175.530(a).

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.530  Curriculum Requirements – Cosmetology

 

Each licensed cosmetology school shall provide a program consisting of a minimum of 1500 clock hours or a 50 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction.  The licensed cosmetology school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsections (a), (b), (c), (d), (e), (f) and (g). Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.  The minimum subjects and number of hours shall be as follows for each category of training:

 

a)         Basic Training – 150 hours:

 

1)         tools and their use;

 

2)         shampoo;

 

3)         understanding chemicals and use;

 

4)         types of hair;

 

5)         sanitation;

 

6)         hygiene;

 

7)         skin diseases and conditions;

 

8)         anatomy and physiology;

 

9)         electricity;

 

10)         ethics;

 

11)         nail technology;

 

12)         esthetics;

 

13)         eyelash extensions, tabs and strips; and

 

14)         the Act and this Part, including sanitary standards.

 

b)         Practical Chemical Application/Hair Treatment – 500 hours:

 

1)         chemical safety;

 

2)         permanent waving;

 

3)         hair coloring, tinting and bleaching;

 

4)         hair relaxing;

 

5)         hair and scalp conditioning;

 

6)         shampooing, toning and rinsing.

 

c)         Hair Styling/Hair Dressing – 475 hours:

 

1)         cutting;

 

2)         thinning;

 

3)         shaping;

 

4)         trimming;

 

5)         application of electrical/mechanical equipment;

 

6)         curling;

 

7)         hair treatments;

 

8)         blow drying.

 

d)         Shop Management – 200 hours:

 

1)         labor law;

 

2)         workers' compensation;

 

3)         client relations;

 

4)         bookkeeping;

 

5)         marketing and merchandising;

 

6)         emergency first aid;

 

7)         right-to-know laws;

 

8)         pertinent State and local laws and rules;

 

9)         business ethics;

 

10)         sanitation;

 

11)         electrical devices;

 

12)         personal grooming and hygiene;

 

13)         OSHA standards relating to chemical use.

 

e)         Esthetics – 85 hours:

 

1)         non-therapeutic massage, excluding the scalp;

 

2)         nutrition and health of skin;

 

3)         skin analysis;

 

4)         cleansing the skin;

 

5)         mask therapy and facial treatments;

 

6)         facial treatments without the aid of machines;

 

7)         electricity, machines and apparatus;

 

8)         facial treatments with the aid of machines;

 

9)         hair removal, including tweezer method, depilitators, waxing and their use;

 

10)         professional makeup techniques, including application of eyelash extensions, tabs and strips;

 

11)         product knowledge as it relates to esthetics. 

 

f)         Nail Technology – 55 hours:

 

1)         Fabric procedures;

 

2)         Sculpting procedures;

 

3)         Light cured gels;

 

4)         Machines or apparatus used in nail technology;

 

5)         Manicures;

 

6)         Pedicures;

 

7)         Hand, arm and foot massage;

 

8)         Other procedures as they relate to nail technology;

 

9)         Product knowledge as it relates to nail technology.

 

g)         Electives – 35 hours

 

h)         Internship program is an optional part of the curriculum.  Each licensed cosmetology school may choose to set up an internship program and shall follow the guidelines set forth in this subsection (h): 

 

1)         An internship program:

 

A)        May be substituted for 150 hours of the 1500 hours as set forth in this Section.

 

B)        May be part of the curriculum of a licensed cosmetology school and shall be an organized preplanned training program designed to allow a student to learn hair dressing, sanitation, safety and shop management, hair treatment, nail technology, hair braiding, and/or esthetics under the direct supervision of a licensed cosmetologist in a registered salon.

 

2)         A student in the internship program:

 

A)        May participate in an internship program only after completing 750 hours of training with a minimum average grade of 80.  A school may, however, set the average grade higher and set other standards that a student must meet to participate in the internship program.

 

B)        May not spend more than 150 hours in an internship program.

 

C)        May not be paid while participating in this internship program as it is a part of the cosmetology curriculum of the school.

 

D)        May work a maximum of 8 hours a day and shall be required to spend 1 day a week at the school.

 

E)        Shall be under the direct on site supervision of a licensed cosmetologist.  Only 1 student shall be supervised by 1 licensed cosmetologist.

 

3)         A licensed cosmetology school shall state clearly in the enrollment agreement that the school offers an internship program.

 

4)         The licensed cosmetology school shall enter into a contract with the student, the registered salon and licensed cosmetologist.  The contract shall contain all the provisions set forth in subsection (h)(2) and any other requirements of the internship established by the school.  The contract shall be signed by the student, the school and the licensed cosmetologist.  Any party to the contract may terminate the contract at any time.

 

i)          Credit for Barber School Training – Pursuant to Section 3-2 of the Act, a school of cosmetology may, at its discretion, consistent with this Part, accept up to 1000 hours of barber school training, in topics common to both barbering and cosmetology, completed at a barber school toward the 1500-hour program requirement of cosmetology, provided that:

 

1)         The student must provide the cosmetology school with an official barber school transcript that substantially meets the requirements of Section 1175.520, or other appropriate documentation. The cosmetology school must maintain the transcript or other appropriate documentation for 5 years from the student's graduation date from the school;

 

2)         The cosmetology school must record the barber school course work accepted for credit in the student's official cosmetology school transcript, including: the course name, start and end dates, and the number of clock hours/credit hours completed;

 

3)         When the accuracy of the relevance or sufficiency of the credited course work or training is questioned by the Division or the Board because of noncompliance in whole or in part with this Part, lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking licensure shall be requested to:

 

A)        Provide information as may be necessary;

 

B)        Appear for an interview before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information; and/or

 

C)        Pass an examination pursuant to Section 3-6 of the Act, complete a 250-hour refresher course at a licensed cosmetology school licensed by the Division (see Section 1175.531) or complete other coursework as recommended by the Board.

 

j)          Credit for Esthetics Training − Pursuant to Section 3-10 of the Act and consistent with this Part, the Division shall not require a licensed esthetician in good standing to complete the 85 hours of esthetics instruction described in subsection (e).  However, a licensed esthetician must still complete the 150 hours of basic training described in subsection (a), including the coursework in esthetics, sanitation and hygiene.  A school of cosmetology shall not require a licensed esthetician to complete the 85 hours of esthetics instruction described in subsection (e) as a condition of graduation.

 

k)         Credit for Nail Technology Training − Pursuant to Section 3-10 of the Act and consistent with this Part, the Division shall not require a licensed nail technician in good standing to complete the 55 hours of nail technology instruction described in subsection (f).  However, a licensed nail technician must still complete the 150 hours of basic training described in subsection (a), including the coursework in nail technology, sanitation and hygiene.  A school of cosmetology shall not require a licensed nail technician to complete the 55 hours of nail technology instruction described in subsection (f) as a condition of graduation. 

 

l)          A school may, as part of its educational program and on school premises, offer cosmetology services to the public, through a student clinic, as a means of providing students with practical experience.  Services shall be provided by students working under the supervision of one or more teachers.  Students shall receive no compensation, including tips, but shall receive credit for hours worked towards the 1500-hour education requirement.  The school may provide such services under the authority of its school license and is not required to obtain a salon registration.  The school shall post a sign visible to the public advising that all services are provided by students.  Except as provided in this subsection, a school and a salon shall not operate in the same premises.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.531  Curriculum Requirements – Cosmetology Refresher Course

 

a)         The 250-hour cosmetology refresher course required under Section 1175.410, 1175.420 or 1175.430 shall include a minimum of 250 clock hours of training in the following categories, as defined in Section 1175.530:

 

1)         Basic Training;

 

2)         Practical Chemical Application/Hair Treatment;

 

3)         Hair Styling/Hair Dressing;

 

4)         Shop Management;

 

5)         Esthetics; and

 

6)         Nail Technology.

 

b)         The refresher course in subsection (a) shall include a minimum of 25 hours in basic training.  The subjects covered in the remaining 225 hours may be determined at the discretion of the school and/or teacher, provided the refresher course includes training in each category listed in subsection (a).  Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.  However, instruction may include online hours in theory not to exceed 10% of the total hours.

 

c)         The 100-hour cosmetology refresher course set forth in Section 1175.410 shall be similar to the refresher course in subsection (a), except that the school and/or teacher shall have the discretion to structure the course to the individual needs of the student to better prepare the student for again taking the examination.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.532  Curriculum Requirements – 500-Hour Cosmetology Course for Licensed Barbers and Licensed Barber Teachers

 

a)         The 500-hour cosmetology course for licensed barbers seeking licensure as a cosmetologist (see Section 3-9 of the Act), shall include a minimum of 500 clock hours of instruction and practical experience and may include online hours in theory not to exceed 10% of the total hours as follows:

 

1)         Basic Training – 50 hours including the Act and this Part and sanitary standards;

 

2)         Practical Chemical Application/Hair Treatment – 170 hours;

 

3)         Hair Styling/Hair Dressing – 160 hours;

 

4)         Shop Management – 65 hours;

 

5)         Esthetics – 30 hours;

 

6)         Nail Technology – 25 hours.

 

b)         The school may include an internship as part of this course.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.535  Curriculum Requirements – Cosmetology Teacher

 

a)         A licensed school that intends to provide teacher training must utilize a teacher program that includes a minimum of 1000 clock hours or a 34 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction.  The licensed school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsections (a)(1), (2), (3), (4) and (5).The minimum number of hours shall as follows:

 

1)         500 hours of Post-Graduate School Training that includes all subjects in the basic cosmetology curriculum (see Section 1175.530), including theory and practice.  Presentation of material must include the concepts that are intended to be taught and the skills to be acquired during the various phases of basic education.

 

2)         20 hours of Educational Psychology that shall include, but not be limited to, topics in educational objectives, student characteristics and development, the learning process, and an evaluation of learning that relates to teaching.  These hours shall be waived on behalf of cosmetology teacher students who have completed a course in Educational Psychology at an accredited college or university.

 

3)         20 hours of Teaching Methods (Theory) that shall include, but not be limited to, topics in individual differences in learning, lesson planning and design, lesson delivery, assessment of learning performance, classroom management, student motivation and classroom climate.  These hours shall be waived on behalf of cosmetology teacher students who have completed a course in Teaching Methods-Secondary Level at an accredited college or university.

 

4)         150 hours of Application of Teaching Methods that includes preparation and organization of subject matter to be presented on a unit by unit basis and presentation of subject matter through application of varied methods (lecture, demonstration, testing and assignments).  Presentations must provide teaching objectives to be accomplished and correlate theoretical with practical application.

 

5)         50 hours of Business Methods that includes inventory, recordkeeping, interviewing, supplies, the Act and this Part.

 

6)         260 hours of Student Teaching under the on-site supervision of an Illinois licensed teacher.  The student teacher shall present theoretical and practical demonstrations to students in the basic curriculum.

 

b)         The approved program for a 500-hour Teacher Training Course shall be based on 2 years of practical experience and shall consist of the Teacher Training Curriculum outlined in subsection (a), with the exception of the 500 hours of post-graduate training.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.536  Curriculum Requirements – Cosmetology Teacher and Cosmetology Clinic Teacher Refresher Courses

 

a)         The 250-hour cosmetology teacher refresher course, referred to in Sections 1175.420 and 1175.435, shall include a minimum of 250 clock hours of instruction and practical experience in subjects in each of the categories of training defined in Section 1175.535 and may include online hours in theory, not to exceed 10% of the total hours, as follows:

 

1)         20 hours of Educational Psychology;

 

2)         20 hours of Teaching Methods (Theory);

 

3)         120 hours of Application of Teaching Methods;

 

4)         50 hours of Business Methods; and.

 

5)         40 additional hours of training as determined by the school or teacher.

 

b)         In the case of cosmetology teacher applicants who fail to pass a third examination, the remedial training required by Section 1175.410(c)(2) shall include 80 clock hours of additional instruction in the following categories of training defined in Section 1175.535:

 

1)         40 hours of Teaching Methods (Theory).

 

2)         40 hours of Application of Teaching Methods.

 

c)         In the case of cosmetology clinic teachers seeking restoration by completing a cosmetology teacher refresher course, the course shall include a minimum of 60 clock hours of instruction in the following categories of training as defined in Section 1175.535:

 

1)         40 hours of Teaching Methods (Theory).

 

2)         20 hours of Application of Teaching Methods.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.540  Final Examination

 

a)         A school shall require each candidate for graduation to pass a final examination that shall test the student's theoretical and practical knowledge of the curriculum studied.  A "final examination" shall include a single final examinations or multiple examinations as determined by the school.

 

b)         The practical examination shall test the candidate's skills in the following areas:

 

1)         Hair cutting;

 

2)         Thermal curl and blow drying;

 

3)         Chemical permanent waving and relaxing;

 

4)         Hair coloring and lightening;

 

5)         Esthetics; and

 

6)         Nail technology.

 

c)         The examination shall be administered by the uniform application of standard performance criteria established by the school for each skill area.  The standard performance criteria for each skill area shall be delineated in the examination records as specified in subsection (h).

 

d)         A passing score of 75 or greater shall be required on both the theoretical and practical portions of the final examination or another state's passing grade.

 

e)         The school shall allow each candidate for graduation at least 3 attempts to pass the final exam.

 

f)         The Division may monitor the administration of the final examination:

 

1)         As a result of a complaint received;

 

2)         For random sampling;

 

3)         To collect data; and/or

 

4)         When the failure rate on the licensure examination for school graduates is greater than 25%.

 

g)         The Division shall maintain records of each school's graduate failure rate on the licensing examination.  The records shall reflect only first examination attempts for each graduate.  The examination results shall not count toward the failure rate on the licensing examination if the student transfers to the school from a closed school with one-half or more of the required hours for graduation.

 

h)         The school shall maintain records of the final examination for a period of no less than 5 years in the manner prescribed in Section 1175.520.  These records shall include:  

 

1)         A copy of the final examination administered; and

 

2)         Each student's examination grades.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.545  Change of Ownership

 

a)         For purposes of this Section, "change of ownership", "sale" or "transfer" of a corporation means the transfer of more than 50% of stock during a 14 day period.  For purposes of this Section, "change of ownership", "sale" or "transfer" of a partnership means a change of more than 50% of the partners during a 14 day period. For purposes of this Section, "change of ownership", "sale" or "transfer" of an LLC means a change of more than 50% of  the members during a 14 day period.  Any change of ownership of a parent business entity that owns the school's owner shall not be considered a change of ownership of the school. 

 

b)         If a licensed school is to be sold or otherwise transferred, the new owner must notify the Division at least 30 days in advance of the effective date of the transfer of ownership.  The notification shall include a signed and dated letter from the pre-transfer owner acknowledging the planned sale or transfer.

 

c)         Upon filing notice to the Division, the new owner may continue to operate the school under the previously issued license, provided that the new owner submits an application for licensure with the Division within 30 days after the effective date of the transfer of ownership by mailing to the Division:

 

1)         A signed and completed school application;

 

2)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.505;

 

3)         A copy of:

 

A)        a lease agreement showing at least a 1-year commitment to the use of the school site, the name of the lessor and the name of the lessee; or

 

B)        the certification of school site ownership;

 

4)         A copy of the enrollment agreement that will be utilized by the new owner;

 

5)         A copy of curricula that will be used by the new owner;

 

6)         A sample copy of the school's official transcript;

 

7)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer;

 

8)         List of all the names, addresses and current status of all schools in which the applicant has previously owned any interest, and a declaration as to whether any of these schools were ever denied accreditation or licensing or lost accreditation or licensing from any government body or accrediting agency;

 

9)         If the new owner is a corporation, limited liability company, or partnership, a copy of the following:

 

A)        if the owner is a domestic corporation, a filed copy of the Articles of Incorporation filed with the Secretary of State or, in the case of a foreign corporation, a filed copy of the Authority to Transact Business in Illinois accepted by and filed with the Secretary of State; 

 

B)        if the owner is a domestic limited liability company, a copy of the Articles of Organization that were filed with the Secretary of State or, if the owner is a foreign limited liability company, a copy of the Application for Admission to Transact Business as a Foreign Limited Liability Company accepted by and filed with the Secretary of State; or 

 

C)        if the owner is a partnership, a listing of all partners and their addresses;

 

10)         If the new owner will be conducting business under an assumed name as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name;

 

11)         An official fire inspection report by the local fire inspection authority conducted within 6 months prior to application approving the school site;

 

12)         A financial statement indicating sufficient current finances exist to operate the school for at least 3 months. The Division will not accept a bank statement as sufficient proof to meet this requirement. This financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school. Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

13)         If a name change is to also occur, all documents submitted must include the new name, and the new owner must submit a sample of the new school seal and a photo of the new school sign; and

 

14)         The required fee set forth in Section 1175.100.

 

d)         Once the items listed in subsection (c) have been received, the Division shall conduct an inspection prior to approval of the change of ownership.  Approval will be granted if all of the requirements of Subpart E have been met.

 

e)         If the new owner fails to submit a new application within 30 days, or if the Division does not approve the school, the school shall remain closed until final Division approval is received.

 

f)         The new owner is responsible for ensuring that the school is in compliance withall current provisions of the Act and this Part.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.550  Change of Location

 

a)         When the location of a licensed school is to be changed, the school owner shall submit to the Division the following:

 

1)         Written notice to the Division at least 30 days in advance of the school site change;

 

2)         A signed and completed school application;

 

3)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.505;

 

4)         A copy of:

 

A)        a lease agreement showing at least a 1-year commitment, the address of the school site, the name of the lessor, and the name of the lessee; or

 

B)        the certification of ownership of school site;

 

5)         An official fire inspection report by the local fire inspection authority conducted within 6 months prior to application, approving the site; and

 

6)         The required fee set forth in Section 1175.100.

 

b)         Once the items listed in subsection (a) have been received, the Division shall inspect the premises to determine compliance with this Part.  If any changes affecting the items in subsection (a) are made prior to inspection, the school owner must notify the Division in writing.  School operations shall not commence at the new location nor may the school in any way solicit student enrollment until the owners have received written notice of approval from the Division.  Approval will be granted if all of the requirements of this Subpart E have been met.

 

c)         If the change of location is due to natural destruction of, or other severe damage to, the original premises due to circumstances beyond the control of the owner, a temporary site may be used to teach theory classes only.

 

1)         The temporary site must be inspected prior to its use and must possess light, ventilation and tables and chairs for the number of students in a classroom and must be clean.

 

2)         The temporary site may be used for a period of 2 months.  The 2-month period can be extended for good cause.  Good cause includes, but is not limited to, unexpected delays in construction, delays in lease arrangements, or delays in equipment delivery.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.555  Change of Name

 

When changing the name of a licensed school, a written request for a name change, along with supporting documentation and the required fee specified in Section 1175.100, shall be submitted 30 days in advance of any name change.  The Division shall then issue an updated license.  At the time of the change of name, all identifying signs and materials must be changed to conform to the new name on the school license.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.560  Expansion

 

a)         Written notice shall be given to the Division 30 days prior to any expansion of a licensed school.

 

b)         Off-Site Classrooms

 

1)         When the expansion will result in an off-site classroom location, a completed school application must be submitted along with:

 

A)        A detailed 8½ x 11 inch floor plan that is:

 

i)          drawn to scale;

 

ii)         shows dimensions;

 

iii)        that has all areas labeled;

 

iv)        has all fixtures shown; and

 

v)         demonstrates compliance with the requirements of Section 1175.505;

 

B)        A copy of:

 

i)          a lease showing at least a 1-year commitment to the use of the school site, the address of the school site, the name of the lessor, and the name of the lessee; or

 

ii)         the certification of ownership of the proposed school site;

 

C)        An official fire inspection report, from the local fire inspection authority conducted within 6 months prior to application, giving approval for use of the site as a classroom location;

 

D)        A statement from the school owner outlining the purpose of the classroom location;

 

E)        A listing of any and all additional teachers who will be added to the teaching staff as a result of the expansion; and

 

F)         The required fee set forth in Section 1175.100.

 

2)         An off-site classroom location is defined as a separate classroom, not continuously joined, that is located within 5 miles of the main school site that serves to provide adequate space in which to train an overflow of students.  A clinic may not be operated at an off-site classroom location. A school may establish only 1 off-site classroom location.  All identifying signs and materials must reflect the name of the main school.

 

c)         When an on-site expansion is to accommodate an increased enrollment, a completed school application shall be submitted along with:

 

1)         A detailed 8½ x 11 inch floor plan of the entire site that has dimensions and demonstrates meeting the requirements of Section 1175.505;

 

2)         A statement from the school owner outlining the purpose of the expansion;

 

3)         A listing of any and all additional teachers who will be added to the teaching staff as a result of the expansion; and

 

4)         The required inspection fee.

 

d)         Upon receipt of the items listed in subsections (b) and (c), the Division shall inspect the expansion site to determine compliance with this Part.  If any changes affecting the items in subsections (b) and (c) are made prior to inspection, the school owner must notify the Division in writing.  The site shall not be used until such inspection has occurred and the owner has received written notification of approval from the Division.  Approval will be granted if all of the requirements of this Subpart E have been met.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.565  Discontinuance of Program

 

a)         The Division shall receive a minimum of 30 days written notice of a school's intent to discontinue its program.  The notice shall include the exact location where the student records are to be stored.

 

b)         The school owner shall notify the Division in writing of the actual closing date of the school.

 

c)         All school records shall be maintained after the school closes.

 

d)         The school must continue to meet the requirements of the Act and this Part until the actual closing date.

 

e)         Each student enrolled at the time of discontinuation must be provided an official transcript of all hours earned while enrolled in the program.

 

f)         Students who have acquired 750 or more clock hours before their school closes shall be allowed to transfer all accumulated hours to another licensed cosmetology school with the approval of that school.  Schools accepting these hours shall not be credited with the students' pass/fail statistics, set forth in Section 1175.570(b), resulting from their first attempt on the Illinois Cosmetology examination.

 

g)         Each student shall be given a refund prorated to at least reflect the percentage of time remaining to complete the course of instruction.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.570  Withdrawal of Licensure

 

a)         The Division may withdraw, suspend or place on probation, pursuant to 68 Ill. Adm. Code 1110, the licensure of a school of cosmetology when the quality of the program has been affected by any of the following causes:

 

1)         Gross or repeated violations of any provisions of the Act or this Part;

 

2)         Fraud or dishonesty in furnishing transcripts or documentation for evaluation of the school;

 

3)         Failure to meet the criteria for school approval in Section 1175.500 or 1175.501;

 

4)         Failure to administer the final examination as specified in this Part;

 

5)         Failure to maintain final examination grades for each student and a master of the examination administered as specified in this Part;

 

6)         Fraud or dishonesty in providing transcripts to students who have fulfilled all obligations under Section 1175.510;

 

7)         Failure to provide transcripts to students;

 

8)         A finding by the U.S. Office of Education or Illinois Student Assistance Commission that a school has misappropriated or misused grant or loan monies or has aided in obtaining those monies by providing fraudulent or untruthful information; or

 

9)         Any other violations of the Act and this Part.

 

b)         The Division shall give written notice and a hearing pursuant to 68 Ill. Adm. Code 1110 when Division approval of a school is proposed to be withdrawn.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART F: CONTINUING EDUCATION - COSMETOLOGY/COSMETOLOGY TEACHER

 

Section 1175.600  Sponsor Approval (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7277, effective May 29, 1997)

 

Section 1175.605  Department Supervision (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7277, effective May 29, 1997)

 

Section 1175.610  Credit Hours (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7277, effective May 29, 1997)

 

Section 1175.615  Waiver of Continuing Education Requirements (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7277, effective May 29, 1997)

SUBPART G: ESTHETICS

 

Section 1175.700  Examination – Esthetics

 

a)         Eligibility.  Each applicant must meet the following requirements (see Section 3A-2 of the Act) prior to filing an application for the esthetician examination:

 

1)         Be at least 16 years of age;

 

2)         Be a high school graduate or its equivalent or be beyond the age of compulsory school attendance; and

 

3)         Graduate from an esthetics or cosmetology school approved by the Division to teach esthetics in accordance with Subpart H, which includes a 750 hour program  in the study of esthetics extending over a period of not less than 18 weeks nor more than 4 consecutive years.

 

b)         Application.  Each applicant shall file an application for examination, on forms provided by the Division.  The application shall include:

 

1)         An official transcript showing successful completion of the required training outlined in subsection (a) and a passing grade on the final examination or examinations administered by the school as set forth in Section 1175.845;

 

2)         Official transcripts showing successful completion of remedial training (125-hour refresher course) when required by Section 3A-2 of the Act;

 

3)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on the submitted;

 

4)         If licensed as an esthetician or holding a related license in another state, a certification of licensure from the state of original licensure and from the state of current licensure or most recent practice;

 

5)         The required fee set forth in Section 1175.100; and

 

6)         The required examination fee required by the Department's testing service.

 

c)         Examination. Each applicant shall take and pass the esthetics examination as required in Section 1175.710.

 

d)         An applicant's training received from a cosmetology or esthetics school or similar institution located in another state, other jurisdiction of the United States, or foreign jurisdiction must substantially comply with the requirements set forth in Subpart H.  An applicant seeking credit for training or licensure in a foreign country must provide educational training credentials and transcripts and/or evidence of licensure to determine if the applicant's program substantially complies with the requirements set forth in Subparts G and H.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The Board may also require additional coursework or a 125-hour esthetician refresher course from a school licensed by the Division as set forth in Section 1175.836.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.705  Licensure by Examination – Esthetics Teacher  

 

a)         Eligibility.  Each applicant must meet the following requirements pursuant to Section 3A-3 of the Act prior to filing an application for the esthetics teacher examination:

 

1)         Be at least 18 years of age;

 

2)         Be a high school graduate or its equivalent;

 

3)         Hold a current license as a cosmetologist or esthetician;

 

4)         Either:

 

A)        Complete a program of 500 hours of teacher training in an approved cosmetology or esthetics school and 2 years of experience as a licensed cosmetologist or esthetician within 5 years preceding application; or

 

B)        Complete a program of 750 hours of teacher training in a licensed cosmetology school approved to teach esthetics or in an esthetics school.

 

b)         Application.  Each applicant shall file an application, on forms provided by the Division. The application shall include:

 

1)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents;

 

2)         Either:

 

A)        An official transcript from an approved school of esthetics or cosmetology showing successful completion of a 500-hour program  of teacher training as set forth in Section 1175.535 or 1175.840 and 2 employment verification forms showing at least 2 years of the last 5 years preceding the examination of practical experience as a licensed esthetician or cosmetologist; or

 

B)        An official transcript from an approved school of esthetics or cosmetology showing completion of a program of 750 hours of teacher training as set forth in Section 1175.535 or 1175.840;

 

3)         A copy of the applicant's current Illinois esthetician or cosmetology license;

 

4)         If licensed in another state, a certification of licensure from the state of original licensure and from the state of current licensure or most recent practice; and

 

5)         The examination fee required by the Department's testing service.

 

c)         Examination.  Each applicant shall take and pass the esthetics teacher examination as required in Section 1175.710.

 

d)         An applicant's training received from a cosmetology or esthetics school or similar institution located in another state, other jurisdiction of the United States, or foreign jurisdiction must substantially comply with the requirements set forth in Subpart H.  An applicant seeking credit for training or licensure in a foreign country must provide educational training credentials and transcripts and/or evidence of licensure to determine if the applicant's program substantially complies with the requirements set forth in Subparts G and H.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the board for evaluation at the cost to the applicant.  The Board may also require additional coursework or a 125-hour esthetician refresher course from a school licensed by the Division as set forth in Section 1175.836.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training.

 

e)         The required fee set forth in Section 1175.100.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.710  Examination Requirements

 

a)         Examinations shall be administered by the Division or its designated testing service for estheticians and esthetics teachers and shall cover both theoretical and practical knowledge that shall include but not be limited to:

 

1)         Product chemistry;

 

2)         Sanitary rules and regulations;

 

3)         Sanitary procedures;

 

4)         Chemical service procedures;

 

5)         Knowledge of the anatomy of the skin as it relates to applicable services under the Act;

 

6)         The provisions and requirements of the Act; and

 

7)         Labor and compensation laws.

 

b)         The passing grade on each examination is 75 or another state's passing grade.

 

c)         Retakes

 

1)         Esthetician. An applicant who fails to pass a third examination to become a licensed esthetician must submit an official transcript from a cosmetology school approved to teach esthetics or an esthetics school approved by the Division showing successful completion of a 125-hour esthetician refresher course from a school licensed by the Division as set forth in Section 1175.836, prior to taking the examination a fourth time.

 

2)         Esthetics Teacher.  An applicant who fails to pass a third examination to become a licensed esthetics teacher must submit an official transcript from a licensed esthetics or cosmetology school approved to instruct esthetics teachers showing successful completion of a 60-hour refresher course prior to taking the examination a fourth time.

 

3)         For purposes of the examination retakes, the fourth attempt shall count as the first.

 

4)         An applicant shall make a written request for an examination retake at least 45 days in advance of the examination date.  The request must include the required examination fee and official transcripts when further study is required in accordance with subsections (c)(1) and (2).

 

d)         If an applicant has not submitted an application for licensure within 12 months after taking and passing the examination, the applicant must retake and pass the examination prior to being granted a license.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.715  Application for Licensure (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.716  Licensure by Acceptance of Examination – Esthetician

 

a)         Eligibility.  If the applicant does not hold a license as an esthetician or esthetics teacher in any jurisdiction of the United States but has completed esthetics training and passed an esthetics licensing examination in that jurisdiction substantially similar to the requirements of the Act and this Part, the applicant shall apply for licensure under this Section.

 

b)         Application.  Each applicant shall file an application for acceptance of examination on forms provided by the Division.  The application shall include:

 

1)         An official transcript from the school or program showing successful completion of training;

 

2)         Proof of passage of the licensing examination within 12 months of application; and

 

3)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.717  Licensure by Acceptance of Examination – Esthetics Teacher

 

a)         Eligibility.  If the applicant has an esthetician license in any jurisdiction of the United States, does not hold an esthetics teacher license in any jurisdiction of the United States, and has completed teacher training and passed a teacher examination in another jurisdiction of the United States other than Illinois substantially similar to the requirements of the Act and this Part, the applicant shall apply for licensure under this Section.

 

b)         Application.  Each applicant shall file an application for acceptance of examination on forms provided by the Division.  The application shall include:

 

1)         Proof of licensure as an esthetician in this or another jurisdiction of the United States;

 

2)         Proof of 2 years of practical experience as a licensed esthetician within 5 years preceding the application;

 

3)         An official transcript from the school or program showing successful completion of teacher training;

 

4)         Proof of passage of a teacher licensing examination within 12 months preceding the application; and

 

5)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.720  Licensure by Endorsement

 

a)         An applicant who is currently registered or licensed as an esthetician in another state or jurisdiction of the United States and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official certification of licensure from the state or government board in the applicant's jurisdiction of original licensure and from the state or government board in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's name, the esthetician license number, the original issuance date and the expiration date.  The license issued must be the same or substantially similar to the esthetics license issued by the Division;

 

2)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

3)         The required fee set forth in Section 1175.100.

 

b)         An applicant who is currently registered or licensed as an esthetics teacher in another state or jurisdiction of the United States and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official certification of licensure from the state or government board in the applicant's jurisdiction of original licensure and from the state or government board in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's name, the esthetics teacher license number, the original issuance date and the expiration date.  The license issued must be the same or substantially similar to the esthetics teacher license issued by the Division;

 

2)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

3)         The required fee set forth in Section 1175.100.

 

c)         An applicant who is currently registered or licensed as an esthetician in a foreign country and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official document from the government agency, board or council in the applicant's original jurisdiction of practice stating the applicant's name, the esthetician license number, the original issuance date, the expiration date, a brief description of any licensure or exit examination taken to qualify for the license, and the grades received.  The license issued in a foreign country must be the same or substantially similar to the esthetics license issued by the Division;

 

2)         An official transcript from the school or schools attended by the applicant showing the individual subject areas completed and the hours completed by the applicant, with the school seal affixed, or an official certification from the government agency, board or council showing the individual subject areas completed and the hours completed by the applicant, with the board, agency or council seal affixed.  Educational training credentials and transcripts and/or evidence of licensure obtained in a foreign country must be submitted to determine if the applicant's program substantially complies with the requirements set forth in Subparts G and H.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The scope of practice and education requirements must be the same or substantially similar to the esthetics license issued by the Division.  The Board may require additional coursework or a 125-hour esthetician refresher course (see Section 1175.836) from a school licensed by the Division or may require an applicant to pass the esthetics examination.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training;

 

3)         Evidence that the applicant has practiced esthetics in another jurisdiction for at least 3 years after completing the requirements to qualify for registration or licensure in that particular jurisdiction, but within 5 years preceding his/her application for endorsement.  This evidence may be in the form of affidavits from at least 3 clients, coworkers or business owners who can verify the applicant's practice as an esthetician;

 

4)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

5)         The required fee set forth in Section 1175.100.

 

d)         An applicant who is currently registered or licensed as an esthetics teacher in a foreign country and who is seeking licensure as an esthetics teacher in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official document from the government agency, board or council in the applicant's jurisdiction of original licensure stating the applicant's name, the esthetics teacher number, the original issuance date, the expiration date, a brief description of any licensure or exit examination taken to qualify for the license, and the grades received.  The license issued in a foreign country must be the same or substantially similar to the esthetics teacher license issued by the Division;

 

2)         An official transcript from the school or schools attended by the applicant showing the individual subject areas completed and the hours completed by the applicant, with the school seal affixed, or an official certification from the government agency, board or council showing the individual subject areas completed and the hours completed by the applicant, with the agency, board or council seal affixed. Educational training credentials and transcripts and/or evidence of licensure obtained in a foreign country shall be submitted to determine if the applicant's program substantially complies with the requirements set forth in Subparts G and H.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The scope of practice and education requirements must be the same or substantially similar to the esthetics teacher license issued by the Division.  The Board may require additional coursework, a 125-hour esthetics refresher course from a school licensed by the Division as set forth in Section 1175.836, a 60-hour esthetics teacher refresher course, or an applicant to pass the esthetics examination and/or esthetics teacher examination.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training;

 

3)         Evidence that the applicant has practiced as an esthetics teacher in another jurisdiction for at least 3 years after completing the requirements to qualify for registration or licensure in that particular jurisdiction, but within 5 years preceding his/her application for endorsement.  This evidence may be in the form of affidavits from at least 3 clients, coworkers, business owners, students or school administrators who can verify the applicant's practice as an esthetics teacher.

 

4)         Proof of name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on any of the documents submitted; and

 

5)         The required fee set forth in Section 1175.100.

 

e)         An applicant for licensure as an esthetician who is licensed in another jurisdiction may be given 150 hours of educational credit for every 12-month period during which he/she was lawfully employed as an esthetician.  To obtain credit for work experience, the applicant must submit verification of employment in support of the work experience on forms provided by the Division from at least 3 clients, coworkers or business owners.  A certification of licensure from the jurisdiction in which the lawful practice is claimed must also be submitted.

 

f)         An applicant applying for licensure as an esthetician or esthetics teacher on the basis of endorsement who has previously failed the licensing examination in Illinois shall not be approved for licensure on the basis of endorsement unless and until he/she provides verification of successful completion of a substantially equivalent licensure examination.  The successful completion of the substantially equivalent examination must occur after the most recently failed examination attempt in Illinois. An applicant may be required to appear before the Board to answer questions about any examination taken by the applicant.  The Board may recommend the completion of additional coursework by an applicant prior to licensure.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.721  Licensed Cosmetology Teacher Seeking License as Esthetics Teacher

 

a)         A licensed cosmetology teacher may apply for licensure as an esthetics teacher.  An applicant will not be required to take the esthetics teacher examination and shall file an application on forms provided by the Division that includes:

 

1)         The applicant's current cosmetology teacher license number; and

 

2)         The required fee set forth in Section 1175.100.

 

b)         Nothing in this Part requires a licensed cosmetologist to obtain a license to practice esthetics or a licensed cosmetology teacher to obtain a license to practice or to teach esthetics.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.722  Licensed Nail Technology Teacher Seeking License as Esthetics Teacher

 

A licensed nail technology teacher may apply for licensure as an esthetics teacher.  An applicant will not be required to take the esthetics teacher examination and shall file an application, on forms provided by the Division, that includes:

 

a)         The applicant's current nail technology teacher license number;

 

b)         The applicant's esthetics license number or proof of completion of all requirements of Section 1175.700; and

 

c)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.725  Renewals

 

a)         Every license issued under the Act shall expire as follows:

 

1)         Esthetics teacher and esthetics school licenses shall expire on September 30 of each even-numbered year.

 

2)         Esthetician licenses shall expire on September 30 of each odd-numbered year.

 

3)         The holder of a license may renew the license during the month preceding its expiration date.

 

b)         Applicants for renewal shall:

 

1)         Submit a completed renewal application.

 

2)         Esthetician.  Certify on the renewal application to successful completion of a minimum of 10 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the expiration date of the license. Certify compliance with Section 1175.1220.

 

3)         Esthetics Teacher.  Certify on the renewal application to successful completion of a minimum of 20 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the expiration date of the license. Certify compliance with Section 1175.1220. Ten of the 20 hours shall be in the following areas:

 

A)        Teaching methodology;

 

B)        Educational psychology;

 

C)        Classroom management; or

 

D)        Other teaching related courses.

 

4)         Submit the required fee set forth in Section 1175.100.

 

c)         A renewal applicant is not required to comply with CE for the first renewal after issuance of original license.

 

d)         The Division may require additional evidence demonstrating compliance with the CE requirements (i.e., certificate of attendance or certificate of completion).  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of this compliance.  The evidence shall be required in the context of the Division's random audit.

 

e)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to renew a license.

 

f)         Practicing or operating on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 4-7 of the Act.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.730  Restoration – Esthetics

 

a)         Application for Restoration

 

1)         A person applying for restoration of a license as an esthetician that has been expired for less than 5 years shall submit an application on forms provided by the Division and:

 

A)        Pay the required fee set forth in Section 1175.100; and

 

B)        Provide evidence of successful completion of 10 hours of CE in accordance with Section 1175.1200, earned within the 2 years immediately preceding the restoration.

 

2)         If restoring after active military service, a copy of the applicant's DD-214 and the current renewal fee.

 

b)         A person applying for restoration of a license as an esthetician that has been expired for 5 years or more shall submit an application on forms provided by the Division along with either:

 

1)         All of the following:

 

A)        Verification of employment attesting to lawful practice in another jurisdiction for at least 24 months within the 5 years preceding application for restoration from at least 3 clients, coworkers or business owners;

 

B)        Certification of licensure from the licensing authority in the jurisdiction of employment stating that the practice was authorized;

 

C)        A completed Restoration Questionnaire;

 

D)        Evidence of successful completion of 10 hours of CE earned within the 2 years immediately preceding restoration; and

 

E)        The required fee set forth in Section 1175.100; or

 

2)         A copy of the applicant's DD-214 and the current renewal fee if restoring from active military service.

 

c)         An applicant for restoration under subsection (b) who is unable to comply with one or both of subsections (b)(1)(A) and (B) shall submit official transcripts showing successful completion of a 125-hour esthetics refresher course from an approved cosmetology or esthetics school or pass the esthetics licensure examination pursuant to Section 1175.710 within 2 years prior to or within 2 years after application for restoration.  An applicant who completes this refresher course or takes the examination shall not also be required to complete 10 hours of CE, but shall comply with the remaining requirements of subsection (b).

 

d)         If an applicant takes and fails the examination, the license will not be restored until he/she has successfully completed the examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.735  Restoration − Esthetics Teacher

 

a)         A person applying for restoration of a license as an esthetics teacher or esthetics clinic teacher that has been expired or been on inactive status for less than 5 years shall submit an application on forms provided by the Division.  An applicant shall also submit evidence of successful completion of 20 hours of CE in accordance with Section 1175.1210 earned within the 2 years immediately preceding the restoration and the required fee set forth in Section 1175.100.  If restoring after active military service, an applicant shall submit a copy of the applicant's DD-214 and the current renewal fee.

 

b)         A person applying for restoration of a certificate as an esthetics teacher that has been expired for 5 years or more shall submit an application on forms provided by the Division, along with either:

 

1)         All of the following:

 

A)        Verification of employment as an esthetics teacher in another jurisdiction for at least 24 months within the 5 years preceding application for restoration from at least 3 students, coworkers or school owners;

 

B)        Certification of licensure from the licensing authority in the jurisdiction of employment;

 

C)        Evidence of successful completion of 20 hours of CE earned within the 2 years immediately preceding the restoration;

 

D)        A completed Restoration Questionnaire; and

 

E)        The required fee set forth in Section 1175.100; or

 

2)         If restoring after active military service, a copy of the applicant's DD-214 and the current renewal fee.

 

c)         An applicant for restoration of an esthetics teacher license under subsection (b) who is unable to comply with one or both of subsections (b)(1)(A) and (B) shall submit official transcripts showing successful completion of a 125-hour teacher refresher course set forth in Section 1175.836 from an approved esthetics or cosmetology school or pass the esthetics teacher examination in accordance with Section 1175.710 within 2 years prior to or within 2 years after application for restoration.  An applicant who completes this refresher course shall not also be required to complete 20 hours of CE, but shall comply with the remaining requirements of subsection (b).

 

d)         If an applicant takes and fails the examination, the license will not be restored until he/she has passed the examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART H: ESTHETICS SCHOOLS

 

Section 1175.800  Esthetics School Application – Private Schools

 

a)         An applicant for a private esthetics school license shall submit a completed application to the Division with the following information and documentation:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimesions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

2)         A copy of:

 

A)        a lease showing at least a 1-year commitment to the use of the school site, the address of the school site, the name of the lessor and the name of the lessee; or

 

B)        the certification of ownership of the proposed school site;

 

3)         If the owner is a corporation, a filed copy of the Articles of Incorporation; if the owner is a limited liability company, a filed copy of the Articles of Organization; if the owner is a partnership, a listing of all partners and their current addresses;

 

4)         If the owner will be conducting business under an assumed name as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name;

 

5)         An official fire inspection report from the local fire inspection authority conducted within 6 months prior to application giving approval for use of the site as a school;

 

6)         A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  The financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

7)         A copy of the official enrollment agreement to be used by the school, which shall be consistent with the requirements of Section 1175.815;

 

8)         A listing of all teachers, including their teacher license numbers, who will be in the school's employ;

 

9)         A copy of the curricula that will be followed for each program that meets the requirements of Section 1175.835;

 

10)         A copy of the school's official transcript for each program that complies with the requirements of Section 1175.835; and

 

11)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer; and

 

12)         The required fee set forth in Section 1175.100.

 

b)         When the items listed in subsection (a) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart.  School operations shall not commence, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval will be granted if all of the requirements of this Subpart H have been met.

 

c)         Esthetics schools shall only offer instruction in esthetics and esthetics teacher education.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.801  Esthetics School Application – Public Schools

 

a)         An applicant for a public esthetics school license shall submit a completed application to the Division with the following information and documentation:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimesions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

2)         A listing of all teachers, including their teacher license numbers, who will be in the school's employ;

 

3)         A copy of the curricula that will be followed for each program that meets the requirements of this Part;

 

4)         A copy of the school's official transcript for each program that meets the requirements of this Part;

 

5)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer; and

 

6)         The required fee set forth in Section 1175.100.

 

b)         When the items listed in subsection (a) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart.  School operations shall not commence, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval will be granted if all of the requirements of this Subpart have been met.

 

c)         Esthetics schools shall only offer instruction in esthetics and esthetics teacher education.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.805  Cosmetology Schools Approved to Teach Esthetics

 

a)         Existing cosmetology schools that wish to provide esthetics instruction shall:

 

1)         Provide at least 200 square feet of space to accommodate 5 work stations and a maximum of 10 students.  If attendance exceeds 10 on the clinic floor at any time, an additional 40 square feet is required for each additional work station required by subsection (a)(4)(A).  The use of this space shall not reduce the square footage for the conduct of an approved cosmetology school below the minimum requirements set forth in this Section.

 

2)         File an application with the Division, on forms provided by the Division, which shall include:

 

A)        A detailed 8½ x 11 inch floor plan that is:

 

i)          drawn to scale;

 

ii)         shows dimensions;

 

iii)        has all areas labeled;

 

iv)        has all fixtures shown; and

 

v)         demonstrates compliance with the requirements of Section 1175.305;

 

B)        An official copy of the fire inspection report from the local fire inspection authority, conducted within 6 months prior to application, giving approval for use of the site as a school;

 

C)        A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  The financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

D)        A copy of the enrollment agreement to be used by the school;

 

E)        A copy of the esthetics curriculum for each program that meets the requirements of Sections 1175.835 and 1175.840;

 

F)         A listing of all teachers, including their teacher license numbers, who will be in the school's employ;

 

G)        A copy of the school's official transcript for each program that complies with the requirements of Section 1175.825; and

 

H)        The required fee set forth in Section 1175.100.

 

3)         When the items required by subsection (a)(2) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance. No cosmetology school shall begin teaching an esthetics program until it has been approved by the Division.

 

4)         In addition, the school shall have the following:

 

A)        At least one work station or position for every 2 students. Every work station shall include 1 facial chair, 1 steamer, 1 magnification lamp and 1 wood lamp.

 

B)        One set of facial equipment, to include manual, mechanical or electrical apparatus as follows:

 

i)          Brushing;

 

ii)         Vacuum/spray machine;

 

iii)        Glass electrode or high frequency current; and

 

iv)        Disencrustation machine.

 

b)         Cosmetology schools approved to teach esthetics shall be required to comply with all provisions in this Part. Space and equipment required for esthetics schools pursuant to Section 1175.810(a) and (b) may be utilized for both the cosmetology and esthetics programs offered by the cosmetology school.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.810  Physical Site Requirements

 

a)         Space Requirements

 

1)         A school shall have a minimum of 1800 square feet of work space. If the school has more than 20 students, an additional 40 square feet is required for each additional student on the clinic floor at any given time.

 

2)         The school shall be partitioned to provide for the following areas:

 

A)        Dispensary;

 

B)        Student spa;

 

C)        Classrooms;

 

D)        Two restrooms;

 

E)        Cloak space for the public;

 

F)         Public waiting area;

 

G)        Student lounge area separated from the work area and sufficient space for each student to keep school related and personal items;

 

H)        Storage space;

 

I)         Other areas for school administration;

 

J)         Work stations.

 

3)         All areas of the school shall be ventilated and lighted.

 

b)         Equipment Requirements – All equipment shall be in working condition and sufficient for the number of students enrolled.  Minimum requirements for school equipment are:

 

1)         An entrance sign designating the name of the school;

 

2)         A school seal;

 

3)         A time clock or other equipment necessary for verification of attendance and hours earned;

 

4)         A minimum of 5 work stations.  Every work station shall include 1 facial chair, 1 steamer, 1 magnification lamp and 1 wood lamp;

 

5)         Every school shall also have 1 set of facial equipment to include manual, mechanical, or electrical apparatus as follows:

 

A)        Brushing;

 

B)        Vacuum/spray machine;

 

C)        Glass electrode or high frequency current; and

 

D)        Disencrustation machine;

 

6)         Trays for facial supplies;

 

7)         One dry sterilizer per 2 work stations;

 

8)         One facial supply station containing astringents, lotions, creams, makeup and other necessary supplies for facials;

 

9)         A chair for each student in the classroom and, when appropriate, sufficient desk or table space;

 

10)         Adequate covered disposal cans placed at convenient locations;

 

11)         At least one covered container for soiled towels in a work area;

 

12)         Closed or covered space equipped for storing 5 dozen clean towels for every 10 students in the work area; and

 

13)         One head form or chart per class.

 

c)         Sanitary Regulations

 

1)         Clean outer garments must be worn at all times.  No open toed shoes shall be worn by students.

 

2)         All instruments shall be sanitized before and after use on each patron.

 

3)         Clean towels shall be used for each patron.

 

4)         Hands must be cleansed before and after serving each patron.

 

5)         After each patron is served, electrical equipment must be sanitized according to manufacturer's specifications.  All other equipment should be washed in water and sanitized before use.

 

6)         The head rests of any chair shall be protected with a disposable cover or clean towel and changed after each patron.

 

7)         Non-disposable head coverings must be laundered and sanitized after each separate use.

 

8)         All powders, lotions, creams and other cosmetics shall be kept in clean, closed containers.  All cosmetics shall be applied by sanitary applicators and removed from the container with a sanitary spatula.

 

9)         No owner, manager, teacher or school administrator shall knowingly permit any person suffering from a serious communicable disease, as defined in 77 Ill. Adm. Code 690, to work on the premises or knowingly permit a student to serve a patron with a serious communicable disease.

 

10)         No animals or pets, except animal assistants for the physically impaired, shall be permitted on school premises.

 

11)         The floors, walls and furniture shall be kept clean at all times.

 

12)         An adequate supply of hot and cold running water shall be available for school operation.

 

d)         Textbooks/Teaching Materials – Textbooks shall be provided for each student in attendance.

 

e)         Teachers – The student/teacher ratio during clinical instruction shall not exceed a 25 to 1 ratio.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.815  Enrollment Agreements and Refund Policy

 

a)         All licensed private esthetics schools shall have enrollment agreements that meet the requirements of Section 3B-12 of the Act.  Licensed public esthetics schools will be deemed to be in compliance with this provision if these schools comply with the requirements of their public institution.

 

b)         All licensed esthetics schools shall implement refund policies pursuant to Section 3B-13 of the Act and this Section.

 

1)         When notice of cancellation is given within 5 days after the date of enrollment, all application and registration fees, tuition, and any other charges shall be refunded to the student.

 

2)         When notice of cancellation is given after the fifth day following enrollment but before the completion of the student's first day of class attendance, the school may retain the application and registration fee, not to exceed $100, and the cost of any books or materials that have been provided by the school and retained by the student. 

 

3)         When notice of cancellation is given after the student's completion of the first day of class attendance but prior to the student's completion of 5% of the course of instruction, the school may retain the application and registration fee, not to exceed $100, 10% of the tuition, other instructional charges or $300, whichever is less, and the cost of any books or materials that have been provided by the school and retained by the student.

 

4)         When a student has completed 5% or more of the course of instruction, the school may retain the application fee and registration fee, not to exceed $100, and the cost of any books or materials provided by the school, but shall refund a part of the tuition and other instructional charges in accordance with the requirements of the school's regional or national accrediting agency, if any, or in accordance with this subsection (b). (Section 13B-13(1) of the Act)

 

c)         For students who enroll in and begin classes, the following schedule of tuition adjustment will be considered to meet the Division standards for refunds:

 

PERCENTAGE OF A SCHEDULED COURSE COMPLETED	AMOUNT OF TUITION OWED TO THE SCHOOL
0.01% to 4.9%	10%
5% to 9.9%	30%
10% to 14.9%	40%
15% to 24.9%	45%
25% to 49.9%	70%
50% and over	100%

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.820  Advertising

 

All school advertising for patrons shall conspicuously contain the words "Work Done Exclusively by Students" or "All Work Done by Students".

 

(Source:  Amended at 30 Ill. Reg. 9503, effective May 10, 2006)

 

Section 1175.825  Recordkeeping – Transcripts

 

a)         Each school shall provide an official transcript showing the entire program work of each student.  The official transcript shall contain the following information:

 

1)         School name, address and phone number;

 

2)         School seal;

 

3)         School license number;

 

4)         Signature of owner, registrar or director of the school;

 

5)         Student's name, address and social security number;

 

6)         Actual dates student attended, including start date, end date and graduation date;

 

7)         Subject areas, required hours, earned hours, and grades received (in a percentage form);

 

8)         Any transfer hours citing the name and address of school transferred from, subject areas, hours earned, and grades received (percentage); and

 

9)         Final examination grades (percentage).

 

b)         The official transcript and school records for each student shall be permanently maintained by the school in the following manner:

 

1)         If maintained on the school premises, they shall be maintained in a locked, fire-resistant cabinet.  If official transcripts are maintained on a computer system, history tapes or discs of all official records must be stored in a locked, fire-resistant cabinet or electronically stored in a secure off-site storage system.

 

2)         If records, whether electronic or paper, cannot be maintained on the premises in locked fire-resistant cabinets, duplicate student records, including the official transcripts, shall be maintained at a separate location that shall be made known to the Division.  The records shall be accessible to Division officials for inspection.

 

c)         An official transcript and school records for students who withdrew or dropped out of a program shall be maintained by the school for 5 years from the student's first day of attendance at the school.

 

d)         A copy of the transcript shall be given to the student upon graduation or other permanent exit from the school provided the student has met all financial obligations established in the enrollment agreement as set forth in Section 3B-12 of the Act and Section 1175.815.

 

e)         Transcripts from approved schools must meet the requirements of this Section to be accepted by the Division for licensure.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.830  Recordkeeping – Hours Earned

 

a)         Student Hours.  A licensed school of esthetics shall have a written, published attendance policy.

 

1)         When determining student hours, a school may define its attendance requirements to include 100% attendance for the program length or may allow excused absences for not more than 10% of the program for satisfactory completion.  Satisfactory completion is defined as completion of all theory and practical work as outlined in the school's curricula.

 

2)         Student attendance policies shall be written and applied uniformly and fairly.

 

3)         The school shall maintain documentation of excused absences for at least 5 years.

 

4)         The school shall maintain attendance records for each student to verify that the minimum attendance standard set forth by the school is being met.

 

b)         A complete and accurate record of hours of attendance for each student shall be recorded and maintained by the school.

 

c)         If a time clock is used, each student shall punch his/her own time card. No student, teacher or any other person shall punch the time card of another student.  If a time clock is not used, there shall be another verifiable method used by the school to record student hours.  The records shall be in a form that allows the student to receive a written report of hours earned.  This report of hours earned shall be provided to the student on a monthly basis.

 

d)         Credit for hours earned away from school premises shall be awarded only if students are supervised by a licensed instructor or by a licensed esthetician or licensed cosmetologist in the case of an internship.  Credit hours for outside study may include workshops, educational programs, films, demonstrations and internship training in a registered salon.

 

e)         Hours earned away from the school premises shall be recorded on school time forms.  These forms shall include:  the school seal, name of student, event or program attended, date attended, signature of student and signature of supervising, licensed instructor.

 

f)         Instructors shall review the hours earned by each student monthly. Each month the instructor shall issue a signed written monthly report to the student showing the actual number of hours earned by the student.

 

g)         Time cards may be destroyed upon the student's permanent exit from the school and after all hours earned are recorded on the official transcript.

 

h)         An hour is  60 minutes of instruction but not less than 50 minutes.

 

i)          A licensed instructor shall supervise all classroom, practical and clinical instruction.  No credit shall be given for unsupervised study.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.835  Curriculum Requirements – Esthetics

 

a)         Each licensed cosmetology school teaching an esthetics curriculum and each licensed esthetics school shall provide a program consisting of a minimum of 750 clock hours or a 25 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction.  Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.  The licensed cosmetology or esthetics school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsections (a)(1), (2), (3) and (4).  The minimum subjects and number of hours shall be as follows for each category of training:

 

1)         Basic Training – 75 hours:  

 

A)        history of skin care;

 

B)        personal hygiene and public health;

 

C)        professional ethics;

 

D)        sterilization and sanitation;

 

E)        introduction to skin analysis and skin care and facial treatments;

 

F)         eyelash extensions, tabs and strips.

 

2)         Scientific Concepts – 150 hours:  

 

A)        cells, metabolism and body systems;

 

B)        bacteriology;

 

C)        physiology and histology of the skin;

 

D)        human anatomy;

 

E)        chemistry – understanding chemicals and their use;

 

F)         disorders of the skin and special esthetics procedures.

 

3)         Practices and Procedures – 500 hours:

 

A)        non-therapeutic massage, excluding the scalp;

 

B)        nutrition and health of skin;

 

C)        skin analysis;

 

D)        cleansing the skin;

 

E)        mask therapy and facial treatments;

 

F)         facial treatments without the aid of machines;

 

G)        electricity, machines and apparatus;

 

H)        facial treatments with the aid of machines;

 

I)         hair removal; including tweezer method, depilitators, waxing and their use;

 

J)         professional makeup techniques, including the application of eyelash extensions, tab and strips;  

 

K)        product knowledge as it relates to esthetics.

 

4)         Business Practices – 25 hours:  

 

A)        the Act and this Part, including sanitary standards;

 

B)        management;

 

C)        OSHA standards relating to chemical use;

 

D)        Workers' Compensation Act.

 

5)         Internship Program is an optional part of the curriculum.  Each licensed esthetics school may choose to set up an internship program and shall follow the guidelines set forth in this subsection (a)(5):

 

A)        An internship program:

 

i)          May be substituted for 75 hours of the 750 hours set forth in this subsection (a).

 

ii)         May be part of the curriculum of a licensed esthetics school and shall be an organized preplanned training program designed to allow a student to learn esthetics under the direct supervision of a licensed cosmetologist or licensed esthetician in a registered salon.

 

B)        A student in the internship program:

 

i)          May participate in an internship program only after completing 375 hours of training and have a minimum average grade of 80.  A school may set the average grade higher and set other standards that a student must meet to participate in the internship program.

 

ii)         May not spend more than 75 hours in an internship program.

 

iii)        May not be paid while participating in this internship program as it is a part of the esthetics curriculum of the school.

 

iv)        May work a maximum of 8 hours a day and shall be required to spend 1 day a week at the school.

 

v)         Shall be under the direct on-site supervision of a licensed cosmetologist or licensed esthetician.  Only 1 student shall be supervised by 1 licensed cosmetologist or licensed esthetician.

 

C)        A licensed esthetics school shall state clearly in the enrollment agreement that the school offers an internship program.

 

D)        The licensed esthetics school shall enter into a contract with the student, the registered salon and licensed cosmetologist or licensed esthetician.  The contract shall contain all of the provisions set forth in this subsection (a)(5) and any other requirements of the internship program established by the school.  The contract shall be signed by the student, the school and the licensed cosmetologist or licensed esthetician.  Any party to the contract may terminate the contract at any time.

 

b)         An esthetics student is not permitted to practice on the public until the successful completion of 75 hours of basic training specified in subsection (a)(1).

 

c)         A school may, as part of its educational program and on school premises, offer esthetics services to the public, through a student clinic, as a means of providing students with practical experience.  Services shall be provided by students working under the supervision of one or more teachers.  Students shall receive no compensation, including tips, but shall receive credit for hours worked towards the 750-hour education requirement.  The school may provide those services under the authority of its school license and is not required to obtain a salon registration.  The school shall post a sign visible to the public advising that all services are provided by students.  Except as provided in this subsection, a school and a salon shall not operate in the same premises.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.836  Curriculum Requirements – 125-Hour Esthetician Refresher Course

 

a)         The 125-hour esthetician refresher course required under Section 1175.710 or 1175.720 shall include a minimum of 125 clock hours of training in the following categories, as defined in Section 1175.835:

 

1)         Basic Training;

 

2)         Scientific Concepts;

 

3)         Practices and Procedures; and

 

4)         Business Practices.

 

b)         The refresher course in subsection (a) shall include a minimum of 25 hours in basic training.  The subjects covered in the remaining 100 hours may be determined at the discretion of the school and/or teacher, provided the refresher course includes training in each category listed in subsection (a).  Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.  However, instruction may include online hours in theory not to exceed 10% of the total hours.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.840  Curriculum Requirements – Esthetics Teacher

 

a)         A licensed school that intends to provide teacher training must utilize a teacher curriculum that includes a program consisting of a minimum of 750 clock hours or a 25 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction. The licensed cosmetology or esthetics school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsections (1), (2), (3), (4) and (5).  The minimum number of hours shall be as follows:

 

1)         250 hours of Post-Graduate School Training that includes:  all subjects in the basic esthetics curriculum (see Section 1175.835), including theory and practice.  Presentation of material must include the concepts that are intended to be taught and the skills to be acquired during the various phases of basic education.

 

2)         20 hours of Educational Psychology that shall include, but not be limited to, topics in educational objectives, student characteristics and development, the learning process, and an evaluation of learning that relates to teaching.  These hours shall be waived on behalf of esthetics teacher students who have completed a course in Educational Psychology at an accredited college or university.

 

3)         20 hours of Teaching Methods (Theory) that shall include, but not be limited to, topics in individual differences in learning, lesson planning and design, lesson delivery, assessment of learning performance, classroom management, student motivation and classroom climate.  These hours shall be waived on behalf of esthetics teacher students who have completed a course in Teaching Methods-Secondary Level at an accredited college or university.

 

4)         150 hours of Application of Teaching Methods that includes:  preparation and organization of subject matter to be presented on a unit by unit basis; and presentation of subject matter through application of varied methods (lecture, demonstration, testing and assignments).  Presentations must provide teaching objectives to be accomplished and correlate theoretical with practical application.

 

5)         50 hours of Business Methods that includes:  Inventory, recordkeeping, interviewing, supplies, the Act and this Part.

 

6)         260 hours of Student Teaching under the on-site supervision of an Illinois licensed teacher.  The student teacher shall present theoretical and practical demonstrations to students in the basic curriculum.

 

b)         The approved program for a 500-hour Teacher Training Course shall be based upon 2 years of practical experience and shall consist of the Teacher Training Curriculum outlined in this Section with the exception of the 250 hours of Post-Graduate Training.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.841  Curriculum Requirements – Esthetics Clinic Teacher (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.842  Curriculum Requirements – Esthetics Teacher Refresher Course

 

a)         The 60-hour esthetics teacher refresher course required under Section 1175.710 or 1175.720 shall include a minimum of 60 clock hours of instruction and practical experience in subjects in each of the categories of training defined in Section 1175.840 and may include online hours in theory, not to exceed 10% of the total hours, in the following:

 

1)         Educational Psychology;

 

2)         Teaching Methods (Theory);

 

3)         Application of Teaching Methods; and

 

4)         Business Methods.

 

b)         In the case of esthetics teacher applicants who fail to pass a third examination, the remedial training required by Section 1175.710(b)(2) shall include 80 clock hours of additional instruction in the following categories of training defined in Section 1175.840:

 

1)         Teaching Methods (Theory); and

 

2)         Application of Teaching Methods.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.845  Final Examination

 

a)         A school shall require each candidate for graduation to pass a final examination that shall test the student's theoretical and practical knowledge of the curriculum studied. A "final examination" shall include a single final examination or multiple examinations as determined by the school.

 

b)         The practical examination shall test the candidate's skills in the following areas:

 

1)         Non-therapeutic massage;

 

2)         Electrical facial treatments;

 

3)         Other kinds of facial treatments;

 

4)         Makeup application; and

 

5)         Hair removal.

 

c)         The examination shall be administered by the uniform application of standard performance criteria established by the school for each skill area.  The standard performance criteria for each skill area shall be delineated in the examination records as specified in subsection (h).

 

d)         A passing score of 75 or greater shall be required on both the theoretical and practical portions of the final examination or another state's passing grade.

 

e)         The school shall allow each candidate for graduation at least 3 attempts to pass the final exam.

 

f)         The Division may monitor the administration of the final examination:

 

1)         As a result of a complaint received;

 

2)         For random sampling;

 

3)         To collect data; and/or

 

4)         When the failure rate on the licensure examination for school graduates is greater than 25%.

 

g)         The Division shall maintain records of each school's graduate failure rate on the licensing examination.  The records shall reflect only first examination attempts for each graduate.  The examination results shall not count toward the failure rate on the licensing examination if the student transfers to the school from a closed school with one-half or more of the required hours for graduation.

 

h)         The school shall maintain records of the final examination for a period of no less than 5 years in the manner prescribed in Section 1175.825(b).  These records shall include:

 

1)         A copy of the final examination administered; and

 

2)         Each student's examination grades.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.850  Change of Ownership

 

a)         For purposes of this Section, "change of ownership", "sale" or "transfer" of a corporation means the transfer of more than 50% of stock during a 14-day period.  For purposes of this Section, "change of ownership", "sale" or "transfer" of a partnership means a change of more than 50% of the partners during a 14-day period.  For purposes of this Section, "change of ownership", "sale" or "transfer" of an LLC means a change of more than 50% of the members during a 14-day period.  Any change of ownership of a parent business entity that owns the school's owner shall not be considered a change of ownership of the school.

 

b)         If a licensed school is to be sold or otherwise transferred, the new owner must notify the Division at least 30 days in advance of the effective date of the transfer of ownership.  The notification shall include a signed and dated letter from the pre-transfer owner acknowledging the planned sale or transfer.

 

c)         Upon filing notice to the Division, the new owner may continue to operate the school under the previously issued license, provided that the new owner submits an application for licensure with the Division within 30 days after the effective date of the transfer of ownership by mailing to the Division:

 

1)         A signed and completed school application;

 

2)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

3)         A copy of:

 

A)        a lease agreement showing at least a 1-year commitment to the use of the school site; the name of the lessor and the name of the lessee; or

 

B)        the certification of ownership of the proposed school site;

 

4)         A copy of the enrollment agreement that will be utilized by the new owner;

 

5)         A copy of curricula that will be used by the new owner;

 

6)         A sample copy of the school's official transcript;

 

7)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer;

 

8)         List of all the names, addresses and current status of all schools in which the applicant has previously owned any interest, and a declaration as to whether any of these schools were ever denied accreditation or licensing or lost accreditation or licensing from any government body or accrediting agency;

 

9)          If the new owner is a corporation, limited liability company, or partnership, a copy of the following:

 

A)        if the owner is a domestic corporation, a filed copy of the Articles of Incorporation filed with the Secretary of State or, in the case of a foreign corporation, a filed copy of the Authority to Transact Business in Illinois accepted by and filed with the Secretary of State; 

 

B)        if the owner is a domestic limited liability company, a copy of the Articles of Organization that were filed with the Secretary of State or, if the owner is a foreign limited liability company, a copy of the Application for Admission to Transact Business as a Foreign Limited Liability Company accepted by and filed with the Secretary of State; or 

 

C)        if the owner is a partnership, a listing of all partners and their addresses;

 

10)        If the new owner will be conducting business under an assumed name as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name;

 

11)        An official fire inspection report by the local fire inspection authority conducted within 6 months prior to application approving the school site;

 

12)        A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  This financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

13)        If a name change is to also occur, all documents submitted must include the new name, and the new owner must submit a sample of the new school seal and a photo of the new school sign; and

 

14)        The required fee set forth in Section 1175.100.

 

d)         Once the items listed in subsection (c) have been received, the Division shall conduct an inspection prior to approval of the change of ownership.  Approval will be granted if the requirements of this Subpart H have been met.

 

e)         If the new owner fails to submit a new application within 30 days, or if the Division does not approve the school, the school shall remain closed until final Division approval is received.

 

f)         The new owner is responsible for ensuring that the school is in compliance with all current provisions of the Act and this Part.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.855  Change of Location

 

a)         When the location of a licensed school is to be changed, the school owner shall submit to the Division the following:

 

1)         Written notice to the Division at least 30 days in advance of the school site change;

 

2)         A signed and completed school application;

 

3)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.810;

 

4)         A copy of:

 

A)        a lease agreement showing at least a 1-year commitment, the address of the school site, the name of the lessor and the name of the lessee; or

 

B)        the certification of ownership of school site;

 

5)         An official fire inspection report by the local fire inspection authority, conducted within 6 months prior to application, approving the site; and

 

6)         The required fee set forth in Section 1175.100.

 

b)         Once the items listed in subsection (a) have been received, the Division shall inspect the premises to determine compliance with this Part.  If any changes affecting the items in subsection (a) are made prior to inspection, the school owner must notify the Division in writing.  School operations shall not commence at the new location, nor may the school in any way solicit student enrollment, until the owners have received written notice of approval from the Division.  Approval will be granted if the requirements of this Subpart H have been met.

 

c)         If the change of location is due to natural destruction of, or other severe damage to, the original premises due to circumstances beyond the control of the owner, a temporary site may be used to teach theory classes only.

 

1)         The temporary site must be inspected prior to its use and must possess light, ventilation and tables and chairs for the number of students in a classroom and must be clean.

 

2)         The temporary site may be used for a period of 2 months.  The 2-month period can be extended for good cause.  Good cause includes, but is not limited to, unexpected delays in construction, delays in lease arrangements or delays in equipment delivery.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.860  Change of Name

 

When changing the name of a licensed school, a written request for a name change, along with supporting documentation and the required fee specified in Section 1175.100, shall be submitted 30 days in advance of any name change.  The Division shall then issue an updated license.  At the time of the change of name, all identifying signs and materials must be changed to conform to the new name on the school license.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.865  Expansion

 

a)         Written notice shall be given to the Division 30 days prior to any expansion of a licensed school.

 

b)         When the expansion will result in an off-site classroom location, a completed school application must be submitted along with:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

2)         A copy of:

 

A)        a lease showing at least a 1-year commitment to the use of the site, the address of the site, the name of the lessor and the name of the lessee; or

 

B)        the certification of ownership of the proposed site;

 

3)         An official fire inspection report from the local fire inspection authority, conducted within 6 months prior to application, giving approval for use of the site as an off-site classroom location;

 

4)         A statement from the school owner outlining the purpose of the classroom location;

 

5)         A listing of any and all additional teachers who will be added to the teaching staff as a result of the expansion; and

 

6)         The required fee set forth in Section 1175.100.

 

c)         An off-site classroom location is defined as a separate classroom, not continuously joined, that is located within 5 miles of the main school site that serves to provide adequate space in which to train an overflow of students.  A clinic may not be operated at an off-site classroom location. A school may establish only one off-site classroom location.  All identifying signs and materials must reflect the name of the main school.

 

d)         When an on-site expansion is to accommodate an increased enrollment, a completed school application shall be submitted along with:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

2)         A statement from the school owner outlining the purpose of the expansion;

 

3)         A listing of any and all additional teachers who will be added to the teaching staff as a result of the expansion; and

 

4)         The required inspection fee set forth in Section 1175.100.

 

e)         Upon receipt of the items listed in subsections (b) and (d), the Division shall inspect the expansion site to determine compliance with this Part.  If any changes affecting the items in subsections (b) and (d) are made prior to inspection, the school owner must notify the Division in writing. The site shall not be used until such inspection has occurred and the owner has received written notification of approval from the Division.  Approval will be granted if all of the requirements of this Subpart H have been met.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.870  Discontinuance of Program

 

a)         The Division shall receive a minimum of 30 days written notice of a school's intent to discontinue its program.  The notice shall include the exact location where the student records are to be stored.

 

b)         The school owner shall notify the Division in writing of the actual closing date of the school.

 

c)         All school records shall be maintained after the school closes.

 

d)         The school must continue to meet the requirements of the Act and this Part until the actual closing date.

 

e)         Each student enrolled at the time of discontinuation must be provided an official transcript of all hours earned while enrolled in the program.

 

f)         Each student shall be given a refund prorated to at least reflect the percentage of time remaining to complete the course of instruction.

 

g)          Students who have acquired 375 or more clock hours before their school closes shall be allowed to transfer all accumulated hours to another licensed esthetics school with the approval of that school.  Schools accepting these hours shall not be credited with the students' pass/fail statistics, set forth in Section 1175.570(b), resulting from their first attempt on the Illinois Esthetician examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.875  Withdrawal of Licensure

 

a)         The Division may withdraw, suspend or place on probation, pursuant to 68 Ill. Adm. Code 1110, the licensure of a school of cosmetology or esthetics school when the quality of the program has been affected by any of the following causes:

 

1)         Gross or repeated violations of any provisions of the Act or this Part;

 

2)         Fraud or dishonesty in furnishing transcripts or documentation for evaluation of the school;

 

3)         Failure to meet the criteria for school approval in Section 1175.800 or 1175.801;

 

4)         Failure to administer the final examination as specified in this Part;

 

5)         Failure to maintain final examination grades for each student and a master of the examination administered by the school as specified in this Part;

 

6)         Fraud or dishonesty in providing transcripts to students who have fulfilled all obligations under Section 1175.815;

 

7)         Failure to provide transcripts to students;

 

8)         A finding by the U.S. Office of Education or Illinois Student Assistance Commission that a school has misappropriated or misused grant or loan monies or has aided in obtaining those monies by providing fraudulent or untruthful information; or

 

9)         Any other violations of the Act or this Part.

 

b)         The Division shall give written notice and a hearing pursuant to 68 Ill. Adm. Code 1110 when Division licensure of a school is proposed to be withdrawn.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART I: CONTINUING EDUCATION – ESTHETICIAN/ESTHETICS TEACHER

 

Section 1175.900  Sponsor Approval (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7277, effective May 29, 1997)

 

Section 1175.905  Department Supervision (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7277, effective May 29, 1997)

 

Section 1175.910  Credit Hours (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7277, effective May 29, 1997)

 

Section 1175.915  Waiver of Continuing Education Requirements (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7277, effective May 29, 1997)

SUBPART J: NAIL TECHNOLOGY

 

Section 1175.1000  Application for Licensure under Sections 3C-4 and 3C-5 of the Act (Grandfather) (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 7277, effective May 29, 1997)

 

Section 1175.1001  Licensure by Examination – Nail Technician

 

a)         Eligibility.  Each applicant must meet the following requirements (see Section 3C-2 of the Act) prior to filling an application for the nail technician examination:

 

1)         Is at least 16 years of age.

 

2)         Pursuant to Section 3C-2 of the Act:

 

A)        Is beyond the age of compulsory school attendance or has a certificate of graduation from a school providing secondary education or the recognized equivalent of that certificate; and

 

B)        Is a graduate of a cosmetology or nail technology school approved by the Division to teach nail technology in accordance with Subpart K, that includes a program of 350 hours in the study of nail technology extending over a period of not less than 8 weeks nor more than 2 consecutive years.

 

b)         Application.  Each applicant shall file an application for examination, on forms provided by the Division.  The application shall include:

 

1)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on the submitted documents; and

 

2)         The required fee set forth in Section 1175.100, which shall be submitted to the Department's testing service.

 

c)         Examination.  Each applicant shall take and pass the nail technology examination as required in Section 1175.1010.

 

d)         An applicant's training received from a nail technology program or similar institution located in another state, other jurisdiction of the United States, or foreign jurisdiction must substantially comply with the requirements set forth in Subpart K.

 

e)         An applicant seeking credit for training or licensure in a foreign country must provide educational training credentials and transcripts and/or evidence of licensure to determine if the applicant's program substantially complies with the requirements set forth in Subparts J and K.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost of the applicant. 

 

f)         The Board may require additional coursework or a 60-hour nail technology refresher course from a school licensed by the Division as set forth in Section 1175.1136.

 

g)         The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1005  Licensure by Examination – Nail Technology Teacher

 

a)         Eligibility.  Each applicant must meet the following requirements pursuant to Section 3C-3 of the Act prior to filing an application for the nail technology teacher examination:

 

1)         Be at least 18 years of age;

 

2)         Have graduated from high school or its equivalent;

 

3)         Hold a current license as a cosmetologist or nail technician;

 

4)         Either:

 

A)        Complete a 500-hour program of teacher training in an approved cosmetology or nail technology school and have at least 2 years of full time experience as a practicing nail technician within 5 years preceding the application; or

 

B)        Complete a 625-hour program  of teacher training in a school of cosmetology approved in accordance with Section 1175.1105 or school of nail technology approved in accordance with Section 1175.1100.

 

b)         Application.  Each applicant shall file an application, on forms provided by the Division. The application shall include:

 

1)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than shown on submitted documents;

 

2)         Either:

 

A)        An official transcript from an approved school of nail technology or cosmetology showing successful completion of a 500-hour program of teacher training as set forth in Section 1175.535 or 1175.1140 and 2 employment verification forms showing at least 2 years of full-time experience as a practicing nail technician within the last 5 years; or

 

B)        An official transcript from an approved school of nail technology or cosmetology, showing successful completion of a 625-hour program of teacher training as set forth in Section 1175.535 or 1175.1140;

 

3)         A copy of the applicant's current Illinois nail technology or cosmetology license;

 

4)         If the applicant is licensed in another state, a certification of licensure from the state of original licensure and from the state in which the applicant predominantly practices and is currently licensed; and

 

5)         All applicants under this Section shall submit the required examination fee to the Department's testing service.

 

c)         Examination.  Each applicant shall take and pass the nail technology teacher examination as required in Section 1175.1010.

 

d)         An applicant's training received from a cosmetology or nail technology school located in another state, other jurisdiction of the United States, or foreign jurisdiction must substantially comply with the requirements set forth in Subpart K.  An applicant seeking credit for training or licensure in a foreign country must provide educational training credentials and transcripts and/or evidence of licensure to determine if the applicant's program substantially complies with the requirements set forth in Subparts J and K.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The Board may also require additional coursework or a 60-hour nail technology refresher course from a school licensed by the Division as set forth in Section 1175.1136.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training.

 

e)         The required fee set forth in Section 1175.100.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1010  Examination Requirements

 

a)         Examinations shall be administered by the Division or its designated testing service for nail technicians and nail technology teachers and shall cover subject matter as set forth in Section 3C-7 of the Act.

 

b)         The passing score on each examination is 75.

 

c)         Retakes for Nail Technicians

 

1)         An applicant who fails to pass a third examination for licensure as a nail technician must submit an official transcript from a cosmetology school approved to teach nail technology or a nail technology school approved by the Division showing successful completion of a 60-hour nail technology refresher course as set forth in Section 1175.1136 prior to taking the examination a fourth time.

 

2)         The requirement for remedial training set forth in this Section may be waived in whole or in part by the Division upon proof to the Division that the applicant has demonstrated the competence to again sit for the examination.  Pursuant to Section 3C-7 of the Act, the Division shall consider the following factors when waiving remedial training, including but not limited to: the percentage points by which the applicant failed the examination, the number of times the applicant failed the examination, and extenuating circumstances that explain the applicant's failure to pass the examination.

 

3)         For purposes of examination retakes, the fourth attempt shall count as the first.

 

4)         An applicant shall make a written request for an examination retake at least 45 days in advance of the examination date.  The a request must include the required examination fee and official transcripts when further study is required in accordance with subsections (c)(1) and (2) .

 

d)         Retakes for Nail Technology Teachers or Nail Technology Clinic Teachers

 

1)         An applicant who fails to pass a third examination must submit an official transcript from a licensed cosmetology school approved to teach nail technology teachers or nail technology clinic teachers or a licensed nail technology school approved to teach nail technology showing successful completion of an 80 hour refresher course prior to taking the examination a fourth time.

 

2)         An applicant, upon failing the fourth examination, must submit an official transcript from an approved nail technology or cosmetology school showing successful repetition of the entire program  of teacher training prior to taking the examination a fifth time.

 

3)         For purpose of examination retakes, the fifth attempt shall count as the first.

 

4)         An applicant shall make a written request for an examination retake at least 45 days in advance of the examination date.  Such a request must include the required examination fee and official transcripts when further study is required in accordance with subsections (d)(1) and (2).

 

5)         If the applicant is licensed in another state, a certification of licensure from the state of original licensure and from the state in which the applicant predominantly practices and is currently licensed.

 

6)         If an applicant has not submitted an application for licensure within 12 months after taking and passing the examination, the applicant must retake and pass the examination prior to being granted a license.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1015  Application for Licensure (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1020  Licensure by Endorsement

 

a)         Nail Technician

 

1)         An applicant currently registered or licensed as a nail technician in another state or jurisdiction of the United States and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

A)        An official certification of licensure from the state or government board in the applicant's jurisdiction of original licensure and from the state or government board in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's name, the nail technician license number, the original issuance date and the expiration date.  The license issued must be the same or substantially similar to the nail technician license issued by the Division:

 

B)        Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents;

 

C)        Proof of passage of the Illinois nail technology examination; and

 

D)        The required fee set forth in Section 1175.100.

 

b)         An applicant currently registered or licensed as a nail technology teacher in another state or jurisdiction of the United States and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, includes:

 

1)         An official certification of licensure from the state or government board in the applicant's jurisdiction of original licensure and from the state or government board in which the applicant is currently licensed and practicing, if other than the original, stating the applicant's name, the nail technology teacher license number, the original issuance date and the expiration date.  The license issued must be the same or substantially similar to the nail technology teacher license issued by the Division;:

 

2)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents;

 

3)         Proof of passage of the Illinois nail technology examination;

 

4)         Proof of passage of a teacher examination in this or another jurisdiction; and

 

5)         The required fee set forth in Section 1175.100.

 

c)         An applicant who is currently registered or licensed as a nail technician in a foreign country and who is seeking licensure in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official document from the government agency, board or council in the applicant's original jurisdiction of practice stating the applicant's name, the nail technician license number, the original issuance date, the expiration date, a brief description of any licensure or exit examination taken to qualify for the license, and the grades received.  The license issued in a foreign country must be the same or substantially similar to the nail technician license issued by the Division;

 

2)         An official transcript from the school or schools attended by the applicant showing the individual subject areas completed and the hours completed by the applicant, with the school seal affixed, or an official certification from the government agency, board or council showing the individual subject areas completed and the hours completed by the applicant with the board, agency or council seal affixed.  Educational training credentials and transcripts and/or evidence of licensure obtained in a foreign country must be submitted to determine if the applicant's program substantially complies with the requirements set forth in Subparts J and K.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost of the applicant.  The scope of practice and education requirements must be the same or substantially similar to the nail technology license issued by the Division.  The Board may require additional coursework or a 60-hour nail technology refresher course from a school licensed by the Division as set forth in Section 1175.1136.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training;

 

3)         Evidence that the applicant has practiced nail technology in another jurisdiction for at least 3 years after completing the requirements to qualify for registration or licensure in that particular jurisdiction, but within 5 years preceding his/her application for endorsement.  This evidence may be in the form of affidavits from at least 3 clients, coworkers or business owners who can verify the applicant's practice as a nail technician;

 

4)         Proof of any name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; 

 

5)         Proof of passage of the Illinois nail technology examination; and

 

6)         The required fee set forth in Section 1175.100.

 

d)         An applicant who is currently registered or licensed as a nail technology teacher in a foreign country and who is seeking licensure as a nail technology teacher in Illinois by endorsement shall file an application, on forms provided by the Division, that includes:

 

1)         An official document from the government agency, board or council in the applicant's jurisdiction of original licensure stating the applicant's name, the nail technology teacher license number, the original issuance date, the expiration date, a brief description of any licensure or exit examination taken to qualify for the license, and the grades received.  The license issued in a foreign country must be the same or substantially similar to the nail technology teacher license issued by the Division;

 

2)         An official transcript from the school or schools attended by the applicant showing the individual subject areas completed and the hours completed by the applicant, with the school seal affixed, or an official certification from the government agency, board or council showing the individual subject areas completed and the hours completed by the applicant, with the agency, board or council seal affixed.  Educational training credentials and transcripts and/or evidence of licensure obtained in a foreign country shall be submitted to determine if the applicant's program substantially complies with the requirements set forth in Subparts J and K.  The Board may, as a means of assisting it in the review of foreign country training or licensure, require an applicant to submit his/her educational training credentials and transcripts and/or evidence of licensure to an approved education credentialing evaluation service or similar service approved by the Board for evaluation at the cost to the applicant.  The scope of practice and education requirements must be the same or substantially similar to the nail technology teacher license issued by the Division.  The Board may require additional coursework or an 80-hour nail technology teacher refresher course (see Section 1175.1142) from a school licensed by the Division.  The Board may also require an applicant to appear for an interview before the Board or to provide additional information to assist the Board in its evaluation of the applicant's training;

 

3)         Evidence that the applicant has practiced as a nail technology teacher in another jurisdiction for at least 3 years after completing the requirements to qualify for registration or licensure in that particular jurisdiction, but within 5 years preceding his/her application endorsement.  This evidence may be in the form of affidavits from at least 3 clients, coworkers, business owners, students or school administrators who can verify the applicant's practice as a nail technology teacher;

 

4)         Proof of name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on any of the documents submitted;

 

5)         Proof of passage of the Illinois nail technology examination;

 

6)         Proof of passage of a teacher examination in this or another jurisdiction; and

 

7)         The required fee set forth in Section 1175.100.

 

e)         An applicant for licensure as a nail technician who is licensed in another jurisdiction may be given up to 70 hours of educational credit for every 12-month period during which he/she was lawfully employed as a nail technician. To obtain credit for work experience, the applicant shall submit verification of employment in support of the work experience on forms provided by the Division.  A certification of licensure from the jurisdiction in which the lawful practice is claimed must also be submitted.

 

f)         An applicant applying for licensure as a nail technician or a nail technology teacher on the basis of endorsement who has previously failed the licensing examination in Illinois shall not be approved for licensure on the basis of endorsement unless and until he/she provides verification of successful completion of a substantially equivalent licensure examination.  The successful completion of the substantially equivalent examination must occur after the most recently failed examination attempt in Illinois.  An applicant may be required to appear before the Board to answer the questions about any examination taken by the applicant.  The Board may recommend the completion of additional education by an applicant prior to licensure.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1021  Licensed Cosmetology Teacher Seeking License as Nail Technology Teacher

 

a)         A licensed cosmetology teacher may apply for licensure as a nail technology teacher. An applicant will not be required to take the nail technology teacher examination and shall file an application on forms provided by the Division that includes:

 

1)         The applicant's current cosmetology teacher license number; and

 

2)         The required fee set forth in Section 1175.100.

 

b)         Nothing in this Part requires a licensed cosmetologist to obtain a license to practice nail technology or a licensed cosmetology teacher to obtain a license to teach nail technology.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1022  Licensed Esthetics Teacher Seeking License as Nail Technology Teacher

 

A licensed esthetics teacher may apply for licensure as a nail technology teacher.  The applicant will not be required to take the nail technology teacher examination and shall file an application, on forms provided by the Division, that includes:

 

a)         The applicant's current esthetics teacher license number;

 

b)         The applicant's current nail technician license number or proof of completion of all requirements under Section 1175.1001; and

 

c)         The required fee set forth in Section 1175.100.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1025  Renewals

 

a)         Every nail technician, nail technology teacher and nail technology school license shall expire on October 31 of each even-numbered year.  The holder of a license may renew the license during the month preceding its expiration date.

 

b)         Applicants for renewal shall:

 

1)         Submit a completed renewal application.

 

2)         Nail Technician.  Certify on the renewal application that they have successfully completed a minimum of 10 hours of CE from a sponsor registered with the Division in accordance with Section 1175.1200, within the 2 years prior to the expiration date of the license. Certify compliance with Section 1175.1220.

 

3)         Nail Technology Teacher. Certify on the renewal application that they have successfully completed a minimum of 20 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the expiration date of the license. Certify compliance with Section 1175.1220. Ten of the 20 hours shall be in the following areas:

 

A)        Teaching Methodology;

 

B)        Educational Psychology;

 

C)        Classroom Management; or

 

D)        Other teaching related courses.

 

4)         Submit the required fee set forth in Section 1175.100.

 

c)         A renewal applicant is not required to comply with CE requirements for the first renewal after issuance of the original license.

 

d)         The Division may require additional evidence demonstrating compliance with the CE requirements (i.e., certificate of attendance or certificate of completion).  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of this compliance.  The evidence shall be required in the context of the Division's random audit.

 

e)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to renew a license.

 

f)         Practicing or operating on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 4-7 of the Act.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1030  Restoration – Nail Technician

 

a)         A person applying for restoration of a nail technician license that has been expired or placed on inactive status for less than 5 years shall submit an application on forms provided by the Division and:

 

1)         Pay the required fee as set forth in Section 1175.100; and

 

2)         Provide evidence of successful completion of 10 hours of CE in accordance with Section 1175.1200(c).

 

b)         A person applying for restoration of a nail technician license that has been expired or placed on inactive status for 5 years or more shall submit an application on forms provided by the Division along with:

 

1)         Verification of employment as a nail technician, attesting to lawful practice in another jurisdiction for at least 24 months within the 5 years preceding application for restoration from at least 3 clients, coworkers or business owners;

 

2)         Certification of licensure from the licensing authority in the jurisdiction of employment stating that the practice was authorized;

 

3)         A completed Restoration Questionnaire;

 

4)         Evidence of successful completion of 10 hours of CE earned within the 2 years immediately preceding restoration; and

 

5)         The required fee as set forth in Section 1175.100.

 

c)         If restoring after active military service, the applicant shall submit a copy of his/her DD-214 and the current renewal fee.

 

d)         If an applicant takes and fails the examination, the license will not be restored until such time as he/she has successfully completed the examination.

 

e)         An applicant for restoration under subsection (b) who is unable to comply with one or both of subsections (b)(1) and (2) shall submit official transcripts showing successful completion of a 60-hour nail technology refresher course from an approved cosmetology or nail technology school or pass the examination set forth in Section 1175.1010 within 2 years prior to or within 2 years after the restoration application. An applicant who completes this refresher course or takes the examination shall not also be required to complete 10 hours of CE, but shall comply with the remaining requirements of subsection (b).

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1035  Restoration – Nail Technology Teacher

 

a)         A person applying for restoration of a nail technology teacher license that has been expired or been on inactive status for less than 5 years shall submit an application on forms provided by the Division.  An applicant shall also submit evidence of successful completion of 20 hours of CE in accordance with Sections 1175.1200 and 1175.1210 earned within 2 years immediately preceding the restoration and the required fee set forth in Section 1175.100.

 

b)         A person applying for restoration of a nail technology teacher license that has been expired for 5 years or more shall submit an application on forms provided by the Division along with:

 

1)         Verification of employment as a nail technology teacher in another jurisdiction for at least 24 months within the 5 years preceding application for restoration from at least 3 students, coworkers or school owners;

 

2)         Certification of licensure from the licensing authority in the jurisdiction of employment;

 

3)         A completed Restoration Questionnaire;

 

4)         Evidence of successful completion of 20 hours of CE earned within the 2 years immediately preceding restoration; and

 

5)         The required fee as set forth in Section 1175.100.

 

c)         An applicant for restoration of a nail technology teacher license under subsection (b) who is unable to comply with one or both of subsections (b)(1) and (2) shall submit official transcripts showing successful completion of an 80-hour nail technology teacher refresher course from an approved cosmetology or nail technology school or pass the teacher examination set forth in Section 1175.1010 within 2 years prior to or within 2 years after the restoration application.  An applicant who completes this refresher course or takes the examination shall not also be required to complete 20 hours of CE, but shall comply with the remaining requirements of subsection (b).

 

d)         If restoring after active military service, the applicant shall submit a copy of his/her DD-214 and the current renewal fee.

 

e)         If an applicant takes and fails the examination, the license will not be restored until he/she has passed the examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART K: NAIL TECHNOLOGY SCHOOLS

 

Section 1175.1100  Nail Technology School Application – Private Schools

 

a)         An applicant for a private nail technology school license shall submit a completed application to the Division with the following information and documentation:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown;

 

E)        demonstrates compliance with requirements of Section 1175.305;

 

2)         A copy of:

 

A)        a lease showing at least a 1-year commitment to the use of the school site, the address of the school site, the name of the lessor and the name of the lessee; or

 

B)        the certification of ownership of the proposed school site;

 

3)         If the owner is a corporation, a filed copy of the Articles of Incorporation; if the owner is a limited liability company, a filed copy of the Articles of Organization; if the owner is a partnership, a listing of all partners and their current addresses;

 

4)         If the owner will be conducting business under an assumed name as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name;

 

5)         An official fire inspection report from the local fire inspection authority, conducted within 6 months prior to the application, giving approval for use of the site as a school;

 

6)         A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  The financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

7)         A copy of the official enrollment agreement to be used by the school that shall be consistent with the requirements of Section 1175.1115;

 

8)         A listing of all nail technology and cosmetology teachers, including their teacher license numbers, who will be in the school's employ;

 

9)         A copy of the curriculum that will be followed for each program provided that meets the requirements of Section 1175.1135;

 

10)         A copy of the school's official transcript for each program provided that meets the requirements of Section 1175.1125;

 

11)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer; and

 

12)         The required fee set forth in Section 1175.100.

 

b)         When the items listed in subsection (a) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart.  School operations shall not begin, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval shall be granted if all the requirements of Subpart K have been met.

 

c)         Nail technology schools shall only offer instruction in nail technology and nail technology teacher education.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1101  School Approval Application − Public Schools

 

a)         An applicant for a public nail technology school license shall submit a completed application to the Division with the following information and documentation:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

2)         All listing of all teachers, including their teacher license numbers, who will be in the school's employ;

 

3)         A copy of the curricula that will be followed for each program that meets the requirements of this Part;

 

4)         A copy of the school's official transcript for each program that meets the requirements of this Part;

 

5)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer; and

 

6)         The required fee set forth in Section 1175.100.

 

b)         When the items required by subsection (a) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with Subpart K.  School operations may not commence, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval will be granted if all of the requirements of Subpart K have been met.

 

c)         Nail technology schools shall only offer instruction in nail technology and nail technology teacher education.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1105  Cosmetology Schools Approved to Teach Nail Technology

 

a)         Existing cosmetology schools that wish to provide nail technology instruction shall:

 

1)         Provide at least 200 square feet of space to accommodate 5 work stations.  If attendance exceeds 10 on the clinic floor at any time, an additional 30 square feet is required for each additional work station required by subsection (a)(4)(A).  The use of this space shall not reduce the square footage for the conduct of an approved cosmetology school below the minimum requirements set forth in this Section.

 

2)         File an application with the Division, on forms provided by the Division, that shall include:

 

A)        A detailed 8½ x 11 inch floor plan that is:

 

i)          drawn to scale;

 

ii)         shows dimensions;

 

iii)        has all areas labeled;

 

iv)        has all fixtures shown; and

 

v)         demonstrates compliance with the requirements of Section 1175.305;

 

B)        An official signed copy of a fire inspection report from the local fire inspection authority, conducted within 6 months prior to the application, giving approval for use of the site as a school;

 

C)        A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  The financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

D)        A copy of the enrollment agreement to be used by the school;

 

E)        A copy of the nail technology curriculum for each program that will be followed that meets the requirements Sections 1175.1135 and 1175.1140;

 

F)         A listing of all nail technology and cosmetology teachers, including their teacher license numbers, who will be in the school's employ;

 

G)        A copy of the school's official transcript for each program that meets the requirements of Section 1175.1125; and

 

H)        The required fee set forth in Section 1175.100.

 

3)         Subsections (a)(2)(B) and (C) shall not apply to a public school.

 

4)         When the items required by subsection (a)(2) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart.  School operations may not commence, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval will be granted if all of the requirements of this Subpart K have been met.

 

5)         In addition:

 

A)        The school shall have at least 1 patron work station, including patron chair, manicuring table and student chair, for every 2 students enrolled.

 

B)        Every work station shall have a disinfectant tray and disinfectant solution.

 

b)         Cosmetology schools approved to teach nail technology shall be required to comply with all provisions in this Part. Space and equipment required for nail technology schools pursuant to Section 1175.1110(a) and (b) may be utilized for both cosmetology and nail technology programs offered by the cosmetology school.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1110  Physical Site Requirements

 

a)         Space Requirements

 

1)         A nail school shall have a minimum of 500 square feet of work space for a maximum of 10 students.  An additional 30 square feet is required for each additional work station if attendance exceeds 10 students in the clinic area at any given time.

 

2)         Work space shall include the dispensary area but shall not include classrooms, restrooms, halls, checkrooms, storage areas, student lounge, cloak space, public waiting area or other areas or facilities for administration.

 

3)         The school shall be partitioned to provide for the following areas:

 

A)        Dispensary;

 

B)        Classrooms;

 

C)        Two restrooms;

 

D)        Cloak space for the public;

 

E)        Public waiting area;

 

F)         Student lounge area, separated from the work area, and sufficient space for each student to keep school related and personal items;

 

G)        Storage space;

 

H)        Other areas for school administration;

 

I)         Work stations.

 

4)         All areas of the school shall be ventilated and lighted.

 

b)         Equipment Requirements – All equipment shall be in working condition and sufficient for the number of students enrolled.  Minimum requirements for school equipment are:

 

1)         An entrance sign designating the name of the school;

 

2)         A school seal;

 

3)         A time clock or other equipment necessary for verification of attendance and hours earned;

 

4)         A minimum of 5 patron work stations.  For enrollment over 10, 1 patron work station per 2 students;

 

5)         Every patron work station shall include a patron chair, manicuring table and student chair for every 2 students enrolled;

 

6)         Every patron work station shall have a disinfectant tray and disinfectant solution;

 

7)         Trays for nail technology supplies;

 

8)         Eye guards, protective garments and masks should be available for patrons and students upon request;

 

9)         A chair for each student in the classroom and, when appropriate, sufficient desk or table space;

 

10)         Adequate number of covered waste and linen disposal cans placed at convenient locations;

 

11)         Closed or covered space for storing 5 dozen clean towels for every 10 students in the work area; and

 

12)         A mannequin hand for each student.

 

c)         Sanitary Regulations

 

1)         Clean outer garments must be worn at all times.

 

2)         All instruments shall be disinfected before and after use on each patron.

 

3)         Clean towels shall be used for each patron.

 

4)         Hands must be cleansed with an antimicrobial agent before and after serving each patron.

 

5)         After use on each patron, implements and electrical equipment must be disinfected according to manufacturer's specifications.  All other equipment should be washed in water and sanitized before use.

 

6)         Manicuring table coverings must be disposed of or laundered and sanitized after each patron.

 

7)         All products shall be kept in clean, closed containers and be applied by sanitary applicators.

 

8)         All nail chemicals must be kept in labeled containers.

 

9)         No owner, manager, teacher or school administrator shall knowingly permit any person suffering from a serious communicable disease as defined in 77 Ill. Adm. Code 690 to work on the premises or knowingly permit a student to serve a patron with a serious communicable disease.

 

10)         No animals or pets, except animal assistants for the physically impaired, shall be permitted on school premises.

 

11)         The floors, walls and furniture shall be kept clean at all times.

 

12)         An adequate supply of hot and cold running water shall be available for school operation.

 

d)         Textbooks/Teaching Materials – Textbooks shall be provided for each student in attendance.

 

e)         Teachers – The student/teacher ratio during clinical instruction shall not exceed a 25 to 1 ratio.

 

(Source:  Amended at 38 Ill. Reg. 21098, effective November 7, 2014)

 

Section 1175.1115  Enrollment Agreements and Refund Policies

 

a)         All licensed private nail technology schools shall have enrollment agreements that meet the requirements of Section 3B-12 of the Act.  Licensed public nail technology schools will be deemed to be in compliance with this provision if these schools comply with the requirements of their public institution.

 

b)         All licensed nail technology schools shall implement refund policies pursuant to Section 3B-13 of the Act and this Section.

 

1)         When notice of cancellation is given within 5 days after the date of enrollment, all application and registration fees, tuition, and any other charges shall be refunded to the student.

 

2)         When notice of cancellation is given after the fifth day following enrollment but before the completion of the student's first day of class attendance, the school may retain the application and registration fee, not to exceed $100, and the cost of any books or materials that have been provided by the school and retained by the student. 

 

3)         When notice of cancellation is given after the student's completion of the first day of class attendance but prior to the student's completion of 5% of the course of instruction, the school may retain the application and registration fee, not to exceed $100, 10% of the tuition, other instructional charges or $300, whichever is less, and the cost of any books or materials that have been provided by the school and retained by the student.

 

4)         When a student has completed 5% or more of the course of instruction, the school may retain the application fee and registration fee, not to exceed $100 and the cost of any books or materials provided by the school, but shall refund a part of the tuition and other instructional charges in accordance with the requirements of the school's regional or national accrediting agency, if any, or in accordance with this subsection (b). (Section 3B-13(1) of the Act)

 

c)         For students who enroll in and begin classes, the following schedule of tuition adjustment will be considered to meet the Division standards for refunds:

 

PERCENTAGE OF A SCHEDULED COURSE COMPLETED	AMOUNT OF TUITION OWED TO THE SCHOOL
0.01% to 4.9%	10%
5% to 9.9%	30%
10% to 14.9%	40%
15% to 24.9%	45%
25% to 49.9%	70%
50% and over	100%

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1120  Advertising

 

All school advertising for patrons must contain the words "Work Done Exclusively by Students" or "All Work Done by Students" displayed in a conspicuous manner.

 

(Source:  Amended at 30 Ill. Reg. 9503, effective May 10, 2006)

 

Section 1175.1125  Recordkeeping – Transcripts

 

a)         Each school shall provide an official transcript showing the entire program work of each student.  The official transcript shall contain the following information:

 

1)         School name, address and phone number;

 

2)         School seal;

 

3)         School license number;

 

4)         Signature of the owner, registrar or director of the school;

 

5)         Student's name, address and social security number;

 

6)         Actual dates student attended, including start date, end date and graduation date;

 

7)         Subject areas, required hours, earned hours, and grades received (in a percentage form);

 

8)         Any transfer hours, citing the name and address of the school transferred from, subject areas, hours earned, and grades received (percentage); and

 

9)         Final examination grades (percentage).

 

b)         The official transcript and school records for each student shall be permanently maintained by the school in the following manner:

 

1)         If maintained on the school premises, they shall be maintained in a locked, fire-resistant cabinet.  If official transcripts are maintained on a computer system, history tapes or discs of all official records must be stored in a locked, fire-resistant cabinet or electronically stored in a secure off-site storage system.

 

2)         If records, whether electronic or paper, cannot be maintained on the premises in locked, fire-resistant cabinets, duplicate student records, including the official transcripts, shall be maintained at a separate location that shall be made known to the Division.  The records shall be accessible to Division officials for inspection.

 

c)         A copy of the transcript shall be given to the student upon graduation or other permanent exit from the school provided the student has met all financial obligations in the enrollment agreement as set forth in Section 3B-12 of the Act and Section 1175.1115.

 

d)         An official transcript and school records for students who withdrew or dropped out of a program shall be maintained by the school for 5 years from the student's first day of attendance at the school.

 

e)         Transcripts from licensed schools must meet the requirements of this Section to be accepted by the Division for licensure.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1130  Recordkeeping – Hours Earned

 

a)         When determining student hours, a school may define its attendance requirements to include 100 percent attendance for the program length or may allow excused absences for not more than 10 percent of the program for satisfactory completion.  Satisfactory completion is defined as completion of all theory and practical work as outlined in the school's curricula.

 

1)         Student attendance policies shall be written and applied uniformly and fairly.

 

2)         The school shall maintain documentation of excused absences for a period of not less than 5 years.

 

3)         The school shall maintain attendance records for each student to verify that the minimum attendance standard set forth by the school is being met.

 

b)         A complete and accurate record of hours of attendance for each student shall be recorded and maintained by the school.

 

c)         If a time clock is used, each student shall punch his/her own time card. No student, teacher or any other person shall punch the time card of another student.  If a time clock is not used, there shall be another verifiable method used by the school to record student hours.  The records shall be in a form that allows the student to receive a written report of hours earned.  This report of hours earned shall be provided to the student on a monthly basis.

 

d)         Credit for hours earned away from the school premises shall be awarded only if students are supervised by a licensed instructor or by a licensed nail technician or a licensed cosmetologist in the case of an internship. Credit hours for outside study may include workshops, educational programs, film demonstrations and internship training in a registered salon.

 

e)         Hours earned away from the school premises shall be recorded on school time forms.  These forms shall include:  the school seal, name of student, event or program attended, date attended, signature of student and signature of supervising licensed instructor.

 

f)         Instructors shall review monthly the hours earned by each student.  Each month the instructor shall issue a signed written report to the student showing the actual number of hours earned by the student.

 

g)         Time cards may be destroyed upon the student's permanent exit from the school and after all hours earned are recorded on the official transcript.  The transcript shall be retained indefinitely.

 

h)         An hour is  60 minutes of instruction but not less than 50 minutes.

 

i)          A licensed instructor shall provide on-site supervision for all classroom, practical and clinical instruction. No credit shall be given for unsupervised study.

 

(Source:  Amended at 30 Ill. Reg. 9503, effective May 10, 2006)

 

Section 1175.1135  Curriculum Requirements – Nail Technology

 

a)         Each licensed cosmetology school teaching a nail technology curriculum and each licensed nail technology school shall provide a program consisting of a minimum of 350 clock hours or a 12 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction.  Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.  The licensed nail technology school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsections (a)(1), (2), (3) and (4).  The minimum subjects and number of hours shall be as follows for each category of training:

 

1)         Basic Training – 50 hours:

 

A)        History of nail care;

 

B)        Personal hygiene and public health;

 

C)        Professional ethics;

 

D)        Sterilization and disinfection;

 

E)        Bacteriology;

 

F)         Disorders of the nails;

 

G)        OSHA standards relating to safety data sheets (SDS) on chemicals;

 

H)        Chemicals and their use; and

 

I)         Technical applications of chemicals.

 

2)         Related Concepts – 15 hours:

 

A)        Cells, metabolism and body systems;

 

B)        Theory of massage; and

 

C)        People skills.

 

3)         Practices and Procedures – 255 hours:

 

A)        Fabric procedures;

 

B)        Sculpting procedures;

 

C)        Light cured gels;

 

D)        Machines or apparatus used in nail technology;

 

E)        Manicures;

 

F)         Pedicures;

 

G)        Hand, arm and foot massage;

 

H)        Other procedures as they relate to nail technology; and

 

I)         Product knowledge as it relates to nail technology.

 

4)         Business Practices – 30 hours:

 

A)        The Act and this Part, including sanitary standards;

 

B)        Management;

 

C)        OSHA standards relating to chemical use; and

 

D)        Workers' Compensation Act.

 

5)         Internship Program is an optional part of the curriculum.  Each licensed nail technology school may choose to set up an internship program and shall follow the guidelines set forth in this subsection (a)(5).

 

A)        An internship program:

 

i)          May be substituted for 35 hours of the 350 hours set forth in this subsection (a).

 

ii)         May be part of the curriculum of a licensed nail technology school and shall be an organized preplanned training program designed to allow a student to learn nail technology under the direct supervision of a licensed cosmetologist or licensed nail technician in a registered salon.

 

B)        A student in the internship program:

 

i)          May participate in an internship only after completing 175 hours of training and have a minimum average grade of 80.  A school may set the average grade higher and set other standards that a student must meet to participate in the internship program.

 

ii)         May not spend more than 35 hours in an internship program.

 

iii)        May not be paid while participating in the internship program as it is a part of the nail technology curriculum of the school.

 

iv)        May work a maximum of 8 hours a day and shall be required to spend 1 day a week at the school.

 

v)         Shall be under the direct on-site supervision of a licensed cosmetologist or licensed nail technologist.  Only 1 student shall be supervised by 1 licensed cosmetologist or licensed nail technologist.

 

C)        A licensed nail technology school shall state clearly in the enrollment agreement that the school offers an internship program.

 

D)        The licensed nail technology school shall enter into a contract with the student, the registered salon and licensed cosmetologist or licensed nail technologist that contains all of the provisions set forth in this sbsection (a)(5) and any other requirements of the internship established by the school.  The contract shall be signed by the student, the school and the licensed cosmetologist or licensed technologist.  Any party to the contract may terminate the contract at any point.

 

b)         A nail technology student is not permitted to practice on the public until he/she has successfully completed the 50 hours of general theory and practical application specified in subsection (a)(1).

 

c)         A school may, as part of its educational program and on school premises, offer nail technology services to the public, through a student clinic, as a means of providing students with practical experience.  Services shall be provided by students working under the supervision of one or more teachers.  Students shall receive no compensation, including tips, but shall receive credit for hours worked towards the 350-hour education requirement.  The school may provide those services under the authority of its school license and is not required to obtain a salon registration.  The school shall post a sign visible to the public advising that all services are provided by students.  Except as provided in this subsection, a school and a salon shall not operate in the same premises.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1136  Curriculum  Requirements – 60-Hour Nail Technology Refresher Course

 

a)         The 60-hour nail technology refresher course required under Section 1175.1020 or 1175.1030 shall include a minimum of 60 clock hours of instruction and practical experience in subjects in each of the categories of training, as defined in Section 1175.1135:

 

1)         Basic Training;

 

2)         Related Concepts;

 

3)         Practices and Procedures; and

 

4)         Business Practices.

 

b)         The refresher course in subsection (a) shall include a minimum of 10 hours in basic training.  The subjects covered in the remaining 50 hours may be determined at the discretion of the school and/or teacher, provided the refresher course includes training in each category listed in subsection (a).  Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.  However, instruction may include online hours in theory not to exceed 10% of the total hours.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1140  Curriculum Requirements – Nail Technology Teacher

 

a)         A licensed school that intends to provide teacher training must utilize a teacher program that includes a minimum of 625 clock hours or a 21 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction.  The licensed school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsections (a)(1), (2), (3), (4) and (5).  The minimum number of hours shall be as follows:

 

1)         125 hours of post-graduate school training that includes all subjects in the basic nail technology curriculum (see Section 1175.1135), including theory and practice.  Presentation of material must include the concepts that are intended to be taught and the skills to be acquired during the various phases of basic education.

 

2)         20 hours of Educational Psychology that shall include, but not be limited to, topics in educational objectives, student characteristics and development, the learning process, and an evaluation of learning that relates to teaching.  These hours shall be waived on behalf of nail technology teacher students who have completed a course in Educational Psychology at an accredited college or university.

 

3)         20 hours of Teaching Methods (Theory) that shall include, but not be limited to, topics in individual differences in learning, lesson planning and design, lesson delivery, assessment of learning performance, classroom management, student motivation and classroom climate.  These hours shall be waived on behalf of nail technology students who have completed a course in Teaching Methods-Secondary Level at an accredited college or university.

 

4)         150 hours of Application of Teaching Methods that includes:  preparation and organization of subject matter to be presented on a unit by unit basis; and presentation of subject matter through application of varied methods (lecture, demonstration, testing and assignments).  Presentations must provide teaching objectives to be accomplished and correlate theoretical with practical application.

 

5)         50 hours of Business Methods that includes inventory, recordkeeping, interviewing, supplies, the Act, this Part and the Workers' Compensation Act.

 

6)         260 hours of Student Teaching under the on-site supervision of an Illinois licensed teacher.  The student teacher shall present theoretical and practical demonstrations to students in the basic curriculum.

 

b)         The approved program for a 500-hour Teacher Training Course shall be based upon 2 years of practical experience and shall consist of Teacher Training Curriculum outlined in this Section, with the exception of the 125 hours of post-graduate training.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1141  Curriculum Requirements – Nail Technology Clinic Teacher (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1142  Curriculum Requirements − Nail Technology Teacher Refresher Course

 

a)         The 80-hour nail technology teacher refresher course, referred to in Sections 1175.1020 and 1175.1035 shall include a minimum of 80 clock hours of instruction and practical experience and may include online hours in theory, not to exceed 10% of the total hours, in the following categories of training as defined in Section 1175.1140:

 

1)         Post-graduate School Training.

 

2)         Educational Psychology.

 

3)         Teaching Methods (Theory).

 

4)         Application of Teaching Methods.

 

5)         Business Methods.

 

b)         The refresher course in subsection (a) shall include a minimum of 10 hours of post-graduate school training.  The subjects covered in the remaining 70 hours may be determined at the discretion of the school and/or teacher, provided that the refresher course includes training in each category listed in subsection (a). Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.

 

c)         In the case of nail technology teacher applicants who fail to pass a third examination, the remedial training required by Section 1175.1010(c) shall include 80 clock hours of additional instruction in the following categories of training defined in Section 1175.1140:

 

1)         Teaching Methods (Theory).

 

2)         Application of Teaching Methods.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1145  Final Examination

 

a)         A school shall require each candidate for graduation to pass a final examination which shall test the student's theoretical and practical knowledge of the curriculum studied.  A "final examination" shall include a single final examination or multiple examinations as determined by the school.

 

b)         The practical examination shall test the candidate's skills in the following areas:

 

1)         Acrylic free form and overlay procedures;

 

2)         Manicure;

 

3)         Pedicure;

 

4)         Gel;

 

5)         Wrap procedures; and

 

6)         Safety and sanitation procedures.

 

c)         The examination shall be administered by the uniform application of standard performance criteria established by the school for each skill area. The standard performance criteria for each skill area shall be delineated in the examination records as specified in subsection (h).

 

d)         A passing score of 75 or greater shall be required on both the theoretical and practical portions of the final examination or another state's passing grade.

 

e)         The school shall allow each candidate for graduation at least 3 attempts to pass the final exam.

 

f)         The Division may monitor the administration of the final examination:

 

1)         As a result of a complaint received;

 

2)         For random sampling;

 

3)         To collect data; and/or

 

4)         When the failure rate on the licensure examination for school graduates is greater than 25%.

 

g)         The Division shall maintain records of each school's graduate failure rate on the licensing examination.  The records shall reflect only first examination attempts for each graduate.  The examination results shall not count toward the failure rate on the licensing examination if the student transfers to the school from a closed school with one-half or more of the required hours for graduation.

 

h)         The school shall maintain records of the final examination for a period of no less than 5 years in the manner prescribed in Section 1175.1125(b).  These records shall include:

 

1)         A copy of the final examination administered; and

 

2)         Each student's examination grades.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1150  Change of Ownership

 

a)         For purposes of this Section, "change of ownership", "sale" or "transfer" of a corporation means the transfer of more than 50% of stock during a 14-day period.  For purposes of this Section, "change of ownership", "sale" or "transfer" of a partnership means a change of more than 50% of the partners during a 14-day period. For purposes of this Section, "change of ownership", "sale" or "transfer" of an LLC means a change of more than 50% of the members during a 14-day period.  Any change of ownership of a parent business entity that owns the school's owner shall not be considered a change of ownership of the school.

 

b)         If a licensed school is to be sold or otherwise transferred, the new owner must notify the Division at least 30 days in advance of the effective date of the transfer of ownership.  The notification shall include a signed and dated letter from the pre-transfer owner acknowledging the planned sale of transfer.

 

c)         Upon filing notice to the Division, the new owner may continue to operate the school under the previously issued license, provided that the new owner submits an application for licensure with the Division within 30 days after the effective date of the transfer of ownership by submitting to the Division:

 

1)         A signed and completed school application;

 

2)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        that has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

3)         A copy of:

 

A)        a lease agreement showing at least a 1-year commitment to the use of the school site, the address of the school site, the name of the lessor, and the name of the lessee; or

 

B)        the certification of school site ownership;

 

4)         A copy of the enrollment agreement that will be utilized by the new owner;

 

5)         A copy of curricula that will be used by the new owner;

 

6)         A sample copy of the school's official transcript;

 

7)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer;

 

8)         List of all the names, addresses and current status of all schools in which the applicant has previously owned any interest, and a declaration as to whether any of these schools were ever denied accreditation or licensing or lost accreditation or licensing from any government body or accrediting agency;

 

9)         If the new owner is a corporation, limited liability company, or partnership, a copy of the following:

 

A)        if the owner is a domestic corporation, a filed copy of the Articles of Incorporation filed with the Secretary of State or, in the case of a foreign corporation, a filed copy of the Authority to Transact Business in Illinois accepted by and filed with the Secretary of State; 

 

B)        if the owner is a domestic limited liability company, a copy of the Articles of Organization that were filed with the Secretary of State or, if the owner is a foreign limited liability company, a copy of the Application for Admission to Transact Business as a Foreign Limited Liability Company accepted by and filed with the Secretary of State; or 

 

C)        if the owner is a partnership, a listing of all partners and their addresses;

 

10)        If the new owner will be conducting business under an assumed name as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name;

 

11)        An official fire inspection report by the local fire inspection authority conducted within 6 months prior to application approving the school site;

 

12)        A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  This financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

13)         If a name change is to also occur, all documents submitted must include the new name, and the new owner must submit a sample of the new school seal and a photo of the new school sign; and

 

14)         The required fee set forth in Section 1175.100.

 

d)         Once the items listed in subsection (c) have been received, the Division shall conduct an inspection prior to approval of the change of ownership.  Approval will be granted if all of the requirements of this Subpart K have been met.

 

e)         If the new owner fails to submit a new application within 30 days, or if the Division does not approve the school, the school shall remain closed until final Division approval is received.

 

f)         The new owner is responsible for ensuring that the school is in compliance with all current provisions of the Act and this Part

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1155  Change of Location

 

a)         When the location of a licensed an approved school is to be changed, the school owner shall submit to the Division the following:

 

1)         Written notice to the Division at least 30 days in advance of the school site change;

 

2)         A signed and completed school application;

 

3)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to a scale;

 

B)        shows dimensions;

 

C)        has all areas labeled; all fixtures shown; and

 

D)        demonstrates compliance with the requirements of Section 1175.1110;

 

4)         A copy of:

 

A)        a lease agreement showing at least a 1-year commitment, the address of the school site, the name of the lessor and the name of the lessee; or

 

B)        the certification of ownership of the school site;

 

5)         An official fire inspection report from the local fire inspection authority, conducted in the 6 months immediately preceding application for use of the site as a school; and

 

6)         The required fee set forth in Section 1175.100.

 

b)         Once the items listed in subsection (a) have been received, the Division shall inspect the premises to determine compliance with this Part.  If any changes affecting the items in subsection (a) are made prior to inspection, the school owner must notify the Division in writing.  School operations shall not begin at the new location nor may the school in any way solicit student enrollment until the owners have received written notice of approval from the Division.  Approval will be granted if all requirements of this Subpart K have been met.

 

c)         If the change of location is due to natural destruction of, or other severe damageto, the original premises due to circumstances beyond the control of the owner, a temporary site may be used to teach theory classes only.

 

1)         The temporary site must be inspected prior to its use and must possess light and ventilation, tables and chairs for the number of students in a classroom, and must be clean.

 

2)         The temporary site may be used for a period of 2 months.  The 2 month period can be extended for good cause.  Good cause includes, but is not limited to, unexpected delays in construction, delays in lease arrangements or delays in equipment delivery.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1160  Change of Name

 

When changing the name of a licensed school, a written request for a name change, along with supporting documentation and the required fee specified in Section 1175.100, shall be submitted 30 days in advance of any name change.  The Division shall then issue an updated license.  At the time of the change in name, all identifying signs and materials must be changed to conform to the new name on the school license.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1165  Expansion

 

a)         Written notice shall be given to the Division 30 days prior to any expansion of a licensed school.

 

b)         Off-Site Classroom

 

1)         When the expansion will result in an off-site classroom location, a completed application must be submitted along with:

 

A)        A detailed 8½ x 22 inch floor plan that is:

 

i)          drawn to a scale;

 

ii)         shows dimensions;

 

iii)        has all areas labeled;

 

iv)        has all fixtures shown; and

 

v)         demonstrates compliance with the requirements of Section 1175.305;

 

B)        A copy of:

 

i)          a lease showing at least a 1-year commitment to the use of the site, the address of the site, the name of the lessor and the name of the lessee; or

 

ii)         the certification of ownership of the proposed site;

 

C)        An official fire inspection report from the local fire inspection authority, conducted within 6 months prior to application, giving approval for use of the site as a classroom location;

 

D)        A statement from the school owner outlining the purpose of the classroom location;

 

E)        A listing of any and all additional teachers who will be added to the teaching staff as a result of the expansion; and

 

F)         The required fee set forth in Section 1175.100.

 

2)         An off-site classroom location is defined as a separate classroom, not continuously joined that is located within 5 miles of the main school site that serves to provide adequate space in which to train an overflow of students.  A clinic may not be operated at an off-site classroom location.  A school may establish only 1 off-site classroom location.  All identifying signs and materials must reflect the name of the main school.

 

c)         When an on-site expansion is to accommodate an increased enrollment, a completed application shall be submitted along with:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to a scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates meeting the requirements of Section 1175.305 ;

 

2)         A statement from the school owner outlining the purpose of expansion;

 

3)         A listing of any and all additional teachers who will be added to the teaching staff as a result of the expansion; and

 

4)         The required inspection fee as set forth in Section 1175.100.

 

d)         Upon receipt of the items listed in subsections (b) and (c), the Division shall inspect the expansion site to determine compliance with this Part.    If any changes affecting the items in subsections (b) and (c) are made prior to inspection, the school owner must notify the Division in writing.  The site shall not be used until the inspection has occurred and the owner has received written notification of approval from the Division.  Approval will be granted if all of the requirements of this Subpart K have been met.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1170  Discontinuance of Program

 

a)         The Division shall receive a minimum of 30 days written notice of a school's intent to discontinue its program.  The notice shall include the exact location where the student records are to be stored.

 

b)         The school owner shall notify the Division in writing of the actual closing date of the school.

 

c)         All school records shall be maintained after the school closes.

 

d)         The school must continue to meet the requirements of the Act and this Part until the actual closing date.

 

e)         Each student enrolled at the time of discontinuation must be provided an official transcript of all hours earned while enrolled in the program.

 

f)         Each student shall be given a refund prorated to at least reflect the percentage of time remaining to complete the course of instruction.

 

g)         Students who have acquired 175 or more clock hours before their school closes shall be allowed to transfer all accumulated hours to another licensed nail technology school.  Schools accepting these hours shall not be credited with the students' pass/fail statistics, set forth in Section 1175.570(b), resulting from their first attempt on the Illinois Nail Technology examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1175  Withdrawal of Licensure

 

a)         The Division may withdraw, suspend or place on probation, pursuant to 68 Ill. Adm. Code 1110, the licensure of a school of cosmetology or nail technology school when the quality of the program has been affected by, but not limited to, any of the following causes:

 

1)         Gross or repeated violations of any provisions of the Act or this Part;

 

2)         Fraud or dishonesty in furnishing transcripts or documentation for evaluation of the school;

 

3)         Failure to meet the criteria for school approval in Section 1175.1100 or 1175.1101;

 

4)         Failure to administer the final examination as specified in this Part;

 

5)         Failure to maintain final examination grades for each student and a master of the examination administered as specified in this Part;

 

6)         Fraud or dishonesty in providing transcripts to students who have fulfilled all obligations under Section 1175.1115;

 

7)         Failure to provide transcripts to students;

 

8)         A finding by the U.S. Office of Education or Illinois Student Assistance Commission that a school has misappropriated or misused grant or loan monies or has aided in obtaining those monies by providing fraudulent or untruthful information; or

 

9)         Any other violation of the Act or this Part.

 

b)         The Division shall give written notice and a hearing pursuant to 68 Ill. Adm. Code 1110 when Division licensure of a school is proposed to be withdrawn.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART L: CONTINUING EDUCATION

 

Section 1175.1200  Sponsor Approval

 

a)         Sponsor, as used in this Section, shall mean accredited universities and colleges, industry or trade associations, corporate salons, franchise salons, independent salons, vocational and technical schools, cosmetology schools, and other entities (Section 4-1.5(a) of the Act) that have been approved and authorized by the Division to coordinate and present CE courses or programs for cosmetologists, cosmetology teachers, cosmetology clinic teachers, estheticians, esthetics teachers, nail technicians, nail technology teachers, hair braiders and hair braiding teachers.

 

b)         A CE sponsor application shall be filed with the Division to be approved as a CE sponsor.  The application shall include:

 

1)         A copy of the Certificate of Attendance, which shall contain the following information:

 

A)        The CE sponsor name and address;

 

B)        Place for insertion of the CE sponsor registration number. The sponsor registration number must appear on all issued Certificates of Attendance;

 

C)        Course title, category of CE (cosmetology, nail technician, esthetics, hair braiding), and place for insertion of the date of the course.  The date of the course must appear on all issued Certificates of Attendance;

 

D)        Place of insertion of the participant's name and license number.  The participant's name and license number must appear on all issued Certificates of Attendance; and

 

E)        Number of hours awarded.

 

2)         A 3-hour CE course outline, including evidence of appropriate facilities, instructor qualifications and content of the course.

 

3)         Name and address of the contact person responsible for all recordkeeping.

 

4)         Certification that the sponsor will comply with all sponsor CE requirements set forth in this Subpart L.

 

5)         The required fee set forth in Section 1175.100.

 

c)         A CE sponsor shall provide CE courses and programs that are organized programs of formal learning that contribute directly to a licensee's knowledge and ability to perform duties as a licensee.  No product sales shall be permitted during a continuing education program.  (Product sales/selling is any activity that involves a deal sheet or invoice or mention of prices or special deals.  These activities are prohibited during the presentation of CE programs.)  After the continuing education program is concluded and the certificates of attendance are distributed to the attendees, product sales shall be permitted. (Section 4-1.5(e)(2) of the Act)  A CE program or course must meet the following minimum requirements:

 

1)         Be developed and presented by persons with education, training and/or practical experience in the subject matter to be presented.

 

2)         Include a student evaluation of both instructor and the course.

 

3)         Specify the course objectives, content, prerequisites, requirements, the licensure category for which the CE applies and the number of CE hours to be earned.  This information shall be specified in all promotional materials.

 

4)         Be in the following subject areas for cosmetologists, estheticians and nail technicians:

 

A)        Advanced product chemistry and chemical interaction;

 

B)        The use of machines and implements;

 

C)        Sanitary procedures;

 

D)        Hazardous chemicals;

 

E)        Exposure minimization;

 

F)         Updated use of implements as they relate to applicable services under this Act;

 

G)        Advanced knowledge of the anatomy of the skin, scalp, hair and/or nails;

 

H)        Human relations/communication skills; and

 

I)         Management and marketing.

 

5)         Be in the following subject areas for cosmetology, esthetics and nail technology teachers in addition to the areas set forth in subsection (c)(4):  

 

A)        Teaching methodology;

 

B)        Educational psychology; 

 

C)        Classroom management; or

 

D)        Other teaching related courses.

 

6)         Individual study courses (correspondence, audio or video or online courses) sponsored by an approved sponsor shall include an examination and a means of verification that the licensee has successfully completed the course. (See Section 1175.1210(e).)

 

d)         All sponsors shall verify attendance at each CE course or program.  A record of attendance shall be kept for no less than 5 years.  Sponsors shall give each successful participant a record of completion at the end of the course or program.  All records shall include the following information: name, address and license number for each participant, category of CE (cosmetology, nail technician, esthetics, teacher education), number of hours awarded, course title and date of course.  Sponsors may delegate recordkeeping duties to one of their members or member groups. (Section 4-1.5(a))

 

e)         CE sponsors shall be required to renew their approval every two years upon submittal of the renewal application and the required fee.  The first renewal shall be December 31, 1997.

 

f)         All CE programs given on or after October 1, 1996, must be given by a sponsor who has been approved by the Division to provide CE.

 

g)         All sponsors approved by the Division as of December 31, 1995, will be required to submit an application, the required fee and meet the current requirements set forth in this Part and the Act to continue to provide CE programs on or after October 1, 1996.  An approved sponsor may subcontract with individuals and organizations to provide approved programs.  These persons must meet the criteria established in Section 4-1.5(e)(1) and (2). (Section 4-1.5(j))  Any time the sponsor subcontracts with a presenter, all advertisements, promotional materials and the Certificate of Attendance will bear the name, address and registration number of the sponsor.  The name of the subcontractor may appear as the "Presenter" but no document shall imply that the subcontractor is registered as a CE sponsor.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1205  Division Supervision

 

a)         The Division shall audit sponsors and their programs upon written complaint or allegation that the sponsor has not fully complied with the requirements of this Subpart L.

 

b)         A sponsor's approval will be terminated if the sponsor fails to provide information to the Division to ascertain compliance with this Subpart L.

 

c)         Upon failure of any sponsor to comply with requirements of this Subpart L, the Division shall issue a written notification to the sponsor that it must remedy its non-compliance prior to providing further approved courses.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1210  Credit Hours

 

a)         With the exception of program hours earned under subsection (e), an approved CE program hour shall include at a minimum 50 minutes of actual class time, exclusive of time devoted by participants to pre-class or post-class preparation.

 

b)         Participants completing courses at a university or college shall receive 15 CE credit hours for each semester hour or 10 CE hours for each quarter hour of school credit awarded.

 

c)         A licensee who serves as an instructor, speaker or discussion leader of an approved course shall be allowed CE credit for actual presentation time.  For preparation time, 1 hour of credit will be awarded for each 2 hours of actual presentation time.  Preparation time for repetitious presentations shall not receive credit. No more than 10 hours can be earned under this subsection (c) during any renewal period.

 

d)         Credit shall be awarded for successful completion of courses taken pursuant to CE requirements in another state.  Credit hours shall be awarded as stated in subsections (a), (b) and (c).

 

e)         Renewal applicants may earn a maximum of 50% of the total hours required for each renewal through completion of individual study courses (see Section 1175.1200(c)(6)).

 

f)         CE Earned in Other States.  If a licensee has earned CE hours in another state or territory for which he/she will be claiming credit toward full compliance in Illinois, the applicant shall submit an out of state CE approval form along with a $10 processing fee within 90 days after completion of the course.  The Division shall review and recommend approval or disapproval of this program using the criteria set forth in this subsection (f).

 

g)         Credit shall only be recognized for courses that provide education and training in topics within the licensee's scope of practice of his/her profession, in sanitary standards, in business practices, or in teaching if applicable, except as provided in Section 1175.1220.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1215  Waiver of Continuing Education Requirements

 

a)         Any renewal applicant seeking renewal of a license or certificate without having fully complied with these CE requirements shall file with the Division a renewal application along with the required renewal fee, a statement setting forth the facts concerning noncompliance, a request for waiver of the CE requirements on the basis of those facts and, if desired, a request for an interview before the Board.  If the Division finds from that statement or any other evidence submitted or upon recommendation of the Board, that good cause has been shown for granting a waiver of the CE requirements, or any part thereof, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

 

b)         Good cause shall be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

 

1)         Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;

 

2)         An incapacitating illness documented by a currently licensed physician; or

 

3)         Hardship, which is defined as:

 

A)        The licensee resides in a locality where it is demonstrated that the absence of opportunities for this education would interfere with the ability of the licensee to provide services to the public.

 

B)        To comply with the CE requirements would cause a substantial financial hardship on the licensee. (Section 3-7 of the Act)

 

c)         If an interview is requested at the time the request for such waiver is filed with the Division, the renewal applicant shall be given at least 20 days written notice of the date, time and place of the interview by mail.

 

d)         This Section shall be applicable to all CE requirements under the Act, including the requirement for completion of a domestic violence and sexual assault awareness education course (see Section 1175.1220).

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1220  Domestic Violence and Sexual Assault Awareness Education

 

a)         No domestic violence and sexual assault awareness organization, accredited             university or college, industry or trade association, corporate salon, franchise salon, independent salon, vocational or technical school, cosmetology school, esthetics school, nail technology school, hair braiding school or other entity shall offer or conduct a domestic violence and sexual assault awareness education course as a CE program for cosmetologists, estheticians, nail technicians and hair braiders as provided in Sections 3-7, 3A-6, 3C-8 and 3E-5 of the Act without first being approved and authorized by the Division as a domestic violence and sexual assault awareness education sponsor, except as provided in subsection (h).  No CE sponsor approved under Section 1175.1200 shall offer or conduct a domestic violence and sexual assault awareness education program without also complying with this Section.

 

b)         A domestic violence and sexual assault awareness education sponsor application shall be filed with the Division to be approved as a sponsor.  The application shall include:

 

1)         A copy of the Certificate of Attendance, which shall include the following information:

 

A)        Sponsor name and address;

 

B)        Place for insertion of the sponsor registration number. The sponsor registration number must appear on all issued Certificates of Attendance;

 

C)        Course title and place for insertion of the date of the course. The date of the course must appear on all issued Certificates of Attendance;

 

D)        Number of hours awarded (1 hour); and

 

E)        Place for insertion of the participant's name and license number.  The participant's name and license number must appear on all issued Certificates of Attendance.

 

2)         The course outline, including evidence of appropriate facilities, instructor qualifications and content of the course.

 

3)         Name, address, telephone number, and email address of the contact person responsible for all recordkeeping.

 

4)         Certification that the sponsor will comply with all sponsor requirements set forth in this Section.

 

5)         The required fee set forth in Section 1175.100.

 

c)         The 1-hour domestic violence and sexual assault awareness education course must, at a minimum, include the following subject areas:

 

1)         Providing basic information about domestic violence and sexual assault, including definitions, factual information, statistics, types of abuse, behaviors, victim-blaming, shaming, abusers, barriers for victims leaving their abusers or seeking help, and confidentiality issues;

 

2)         Placing, within the context of a cosmetology, esthetics, nail technology or hair braiding salon or practice, exposure to and awareness of issues related to domestic violence and sexual assault; and

 

3)         Providing licensees with the tools to assist clients with information about available options, choices and services, including listening to and communicating with clients, recognizing signs of abuse, the proper ways to support a client who is a victim, and connecting clients with available community resources.

 

d)         The 1-hour domestic violence and sexual assault awareness education course shall be presented in a classroom setting or in an online classroom presentation.

 

e)         The domestic violence and sexual assault awareness education course shall only be presented or taught by a qualified instructor.  A qualified instructor is a person who:

 

1)         Holds a current Illinois Certified Domestic Violence Professional certificate issued by the Illinois Certified Domestic Violence Professionals Board or has completed a 40-hour domestic violence training program offered by the Illinois Certified Domestic Violence Professionals Board;

 

2)         Has completed a 40-hour sexual assault training program offered by the Illinois Coalition Against Sexual Assault (ICASA), which is required for all volunteers, staff members and contractual workers who provide victim services or have access to client records at ICASA;

 

3)         Is a post-secondary educator in the field of criminal justice with documented domestic violence and sexual assault awareness training;

 

4)         Is a law enforcement professional (active or retired) with documented domestic violence and sexual assault awareness training; or   

 

5)         Holds a certificate or other credential or has completed a training program that is deemed by the Division to be substantially similar to that described in this subsection (e).

 

f)         A CE sponsor approved under Section 1175.1200 or an industry or trade association may contract with an approved domestic violence and sexual assault awareness education sponsor to offer or conduct a domestic violence and sexual assault awareness education course without obtaining its own sponsor approval under this Section.

 

g)         A domestic violence and sexual assault awareness education sponsor approved under this Section is not required to additionally obtain a CE sponsor approval under Section 1175.1200 unless it intends to offer and conduct other types of CE courses.

 

h)         Pursuant to Sections 3-7, 3A-6, 3C-8 and 3E-5 of the Act, any cosmetologist, esthetician, nail technician or hair braider who completed a 1-hour domestic violence and sexual assault awareness education course from a domestic violence and sexual assault awareness organization between March 12 and March 15, 2016 shall satisfy the course completion requirement of the Act, notwithstanding any provision of this Part.  In the same manner, any cosmetologist, esthetician, nail technician or hair braider who completed a 1-hour domestic violence and sexual assault awareness education course from a domestic violence and sexual assault awareness organization between March 25 and March 27, 2017 shall satisfy the course completion requirement of the Act, notwithstanding any provision of this Part.

 

i)          All references to cosmetologists, estheticians, nail technicians and hair braiders in this Section shall be deemed to include cosmetology teachers, cosmetology clinic teachers, esthetics teachers, nail technology teachers and hair braiding teachers.

 

j)          The Department will maintain a list of all approved domestic violence and sexual assault awareness education course instructors on the Department's website and will note whether the education course has an associated cost.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART M: SALON OR SHOP REGISTRATION

 

Section 1175.1300  Barber Shop or Cosmetology, Nail Technology, Hair Braiding or Esthetics Salon Certificate of Registration

 

a)         Pursuant to Article IIID of the Act, all cosmetology, nail technology, hair braiding or esthetics salons and barber shops shall obtain a certificate of registration from the Division in order to operate in Illinois.  The owner shall file an application with the Division, on forms supplied by the Division.

 

b)         Cosmetology, nail technology, hair braiding or esthetics salons and barber shops subject to registration include the following:

 

1)         A salon or shop located in a physical space owned or leased by the owner, such as a storefront, building space or unit, or free-standing building;

 

2)         A mobile salon or shop;

 

3)         A salon or shop that rents space to individual licensees who operate their own businesses within the premises.  The salon or shop owner must obtain a registration for the entire facility or each individual licensee renting space must obtain his/her own registration;

 

4)         A salon or shop that is located and operated within the facility of another, such as a kiosk or similar temporary or semi-permanent structure; or

 

5)         A person or business that contracts with another business, such as a healthcare or residential facility, to provide cosmetology, nail technology, hair braiding, esthetics or barbering services to residents or clients of the facility on the premises of the facility.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1305  Application for Certificate of Registration

 

a)         The application shall include the following:

 

1)         Ownership structure, such as individual/sole proprietorship, corporation, limited liability company (LLC) or partnership;

 

2)         Name, address, email address and telephone number of owner.  If a corporation, LLC or partnership, the name, address, email address and telephone number of the chief executive officer (CEO) or managing partner;

 

3)         Federal employer identification number (FEIN) of owner;

 

4)         Name, address and telephone number of salon or shop;

 

5)         Franchise disclosure;

 

6)         Name and license number of any owner, managing partner or CEO holding an Illinois license in any profession regulated under the Act;

 

7)         If an Illinois corporation, a copy of the entire Articles of Incorporation as filed with the Illinois Secretary of State;

 

8)         If an Illinois corporation, a copy of the entire Articles of Incorporation filed with the Illinois Secretary of State;

 

9)         If an LLC, a copy of the entire Articles of Organization filed with the Illinois Secretary of State;

 

10)        If a foreign LLC, a copy of the entire Articles of Organization filed with the jurisdiction where the LLC is organized and a copy of the certificate of authority to transact business in Illinois filed with the Illinois Secretary of State;

 

11)        If a partnership, a copy of the signed and dated partnership agreement, including the name of the partnership, business address and name of each partner;

 

12)        If a franchise, a copy of the signed and dated franchise agreement showing that franchisee has been granted the right to use a trade name, trademark, service name, service mark or any other right to the exclusive use of names or symbols;

 

13)        If using an assumed name, a certificate from the county clerk's office where the assumed name is filed or a certificate from the Illinois Secretary of State showing authorization to transact business under the assumed name;

 

14)        The required fee set forth in Section 1175.100.

 

b)         Registration Requirements.  The requirement to obtain a certificate of registration from the Division is only applicable to salons or shops offering cosmetology, esthetics, nail technology, hair braiding or barbering services.  A separate certificate of registration is required for each salon or shop location, except as provided in subsection (c).  A separate application, fee and supporting documents shall be submitted to the Division.  Any physical location dedicated to providing cosmetology, esthetics, nail technology, hair braiding or barbering services, including but not limited to kiosks, trailers or motor vehicles, is subject to registration.  The Division may reject any application including a business name that states or implies a service that cannot be legally offered by the business, which is misleading to consumers, or is otherwise inconsistent with the purposes of the Act.  The use of "medical" or similar term in a business name is deemed to imply a service that cannot be legally offered by the salon or shop and to be misleading to consumers and is therefore prohibited.

 

c)         A mobile salon or shop or a person or business that contracts with another business, such as a healthcare or residential facility, to provide licensed personnel to provide cosmetology, nail technology, hair braiding, esthetics or barbering services to residents or clients of the facility on the premises of the facility shall not be required to report the locations where services are provided, but shall report the address of its business office and may be issued one certificate of registration for the business.  However, a person or a business that operates and maintains a permanent salon or shop on the premises of another business, such as a healthcare or residential facility, shall be required to obtain a certificate of registration for its salon or shop located at that facility and shall report both the address of its business office and the address of the facility.  If that person or business has more than one permanent salon or shop in the same facility, only one certificate of registration is required.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1310  Change of Location

 

The owner shall file written notice with the Division at least 30 days in advance of the change of location of a salon or shop.  The notice shall include the owner's name and signature, date, FEIN, name of salon or shop, previous address of salon or shop, new address of salon or shop, and effective date of the change.  The notice shall be accompanied by the original certificate of registration and a $20 reissuance fee.  The Division shall issue a new certificate of registration with the new salon or shop address.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1315  Change of Ownership

 

a)         For purposes of this Section, "change of ownership", "sale" or "transfer" of a corporation means the transfer of more than 50% of stock during a 14-day period. For purposes of this Section, "change of ownership", "sale" or "transfer" of a partnership means a change of more than 50% of the partners during a 14-day period.  For purposes of this Section, "change of ownership", "sale" or "transfer" of a limited liability company means a change of more than 50% of the members during a 14-day period.  Any change of ownership of a parent business entity that owns the salon's or the shop's owner shall not be considered a change of ownership of the salon or shop.

 

b)         If a registered salon or shop is to be sold or otherwise transferred, the new owner must notify the Division in writing at least 30 days in advance of the effective date of the transfer of ownership.  The notification shall include a signed and dated letter from the pre-transfer owner acknowledging the planned sale or transfer.

 

c)         Upon filing notice to the Division, the new owner may continue to operate the salon or shop under the previously issued registration, provided that the new owner submits an application for a certificate of registration with the Division within 30 days after the effective date of the transfer of ownership in compliance with Sections 1175.1300 and 1175.1305.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1320  Change of Name

 

The owner shall file written notice with the Division at least 30 days in advance of the change of name of a salon or shop.  The notice shall include the owner's name and the signature, date, FEIN, previous name of salon or shop, address of salon or shop, new name of salon or shop, and effective date of the change.  The notice shall be accompanied by the original certificate of registration, a $20 reissuance reprint fee, and, if using an assumed name, a certificate from the county clerk's office where the assumed name is filed or a certificate from the Illinois Secretary of State showing authorization to transact business under the assumed name.  The Division shall issue a new certificate of registration with the new name of the salon or shop.  The proposed new name must comply with the requirements of Section 1175.1305.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1325  Renewal

 

All certificates of registration shall expire on November 30 of even-numbered years.  A salon or shop may renew the certificate of registration during the 2 months preceding the expiration date by paying the required fee.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1330  Restoration

 

An owner seeking restoration of a certificate of registration that has expired or been placed on inactive status shall file written notice with the Division.  The notice shall include the owner's name and signature, date, FEIN, name of salon or shop, previous address of salon or shop, current address of salon or shop, and $40 fee.  If using an assumed name, the notice shall also include a certificate from the county clerk's office where the assumed name is filed or a certificate from the Illinois Secretary of State showing authorization to transact business under the assumed name.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1335  Salon or Shop Self-Inspection

 

Every registered salon or shop shall conduct an annual self-inspection using forms provided by the Division.  The annual self-inspection shall be conducted during the same month, annually, as determined by the salon or shop.  Documentation of the self-inspection shall be maintained at the salon or shop for 5 years and shall be made available for review by Division investigators.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART N: HAIR BRAIDING

 

Section 1175.1400  Requirements for Licensure under Article IIIE of the Act (Grandfather) (Repealed)

 

(Source:  Repealed at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1405  Application for Licensure – Hair Braider

 

a)         Each applicant for hair braider licensure shall submit to the Division:

 

1)         A signed and completed licensure application;

 

2)         An official transcript showing completion of the required training outlined in Section 3E-2(a)(3) of the Act and Section 1175.1535 and a passing grade on the final examination administered by the school as set forth in Section 1175.1545;

 

3)         Proof of name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

4)         The required fee set forth in Section 1175.100.

 

b)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of noncompliance in whole or in part with the requirements of this Part, lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1410  Application for Licensure – Hair Braiding Teacher

 

a)         Each applicant for hair braiding teacher licensure shall submit to the Division:

 

1)         A signed and completed licensure application;

 

2)         An official transcript showing completion of the required training outlined in Section 3E-3 of the Act and Section 1175.1540, and a passing grade on the final examination administered by the school as set forth in Section 1175.1545;

 

3)         Proof of name change (i.e., marriage license, divorce decree, affidavit or court order) if the applicant's name is other than that shown on submitted documents; and

 

4)         The required fee set forth in Section 1175.100.

 

b)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of noncompliance in whole or in part with the requirements of this Part, lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1420  Renewals

 

a)         Every license issued under the Act shall expire on October 31 of each even-numbered year.  The holder of a license may renew the license during the month preceding its expiration date.

 

b)         First and Subsequent Renewal

 

1)         For the first renewal of the license, a licensee who obtained a hair braider or hair braiding teacher license issued pursuant to the grandfather provision in Section 3E-2(c) of the Act shall:

 

A)        Return a completed renewal application;

 

B)        Certify on the renewal application that he/she has successfully completed at least 65 hours of relevant training in health, safety, hygiene and business management in accordance with the requirements of Section 1175.1210(g);

 

C)        Submit the required fee set forth in Section 1175.100.

 

2)         Subsequent renewals must comply with the renewal requirements set forth in subsection (c).

 

c)         Applicants for renewal shall:

 

1)         Return a completed renewal application.

 

2)         Hair Braider − Certify on the renewal application that they have successfully completed a minimum of 10 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the expiration date of the license, if renewing a hair braider license.  Certify compliance with Section 1175.1220.

 

3)         Hair Braiding Teacher − Certify on the renewal application that they have successfully completed a minimum of 20 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the expiration date of the license, if renewing a hair braiding teacher license. Certify compliance with Section 1175.1220. Ten of the 20 hours shall be in the following areas:

 

A)        Teaching Methodology;

 

B)        Educational Psychology;

 

C)        Classroom Management; or

 

D)        Other teaching related courses.

 

4)         Submit the required fee set forth in Section 1175.100.

 

d)         A renewal applicant is not required to comply with CE requirements for the first renewal after issuance of the original license except for licensees who obtained a hair braider or hair braiding teacher license issued pursuant to the grandfather provision in Section 3E-2(c) of the Act.

 

e)         The Division may require additional evidence demonstrating compliance with the CE requirements (i.e., certificate of attendance or certificate of completion).  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.  The evidence shall be required in the context of the Division's random audit.

 

f)         It is the responsibility of each licensee to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to renew a license.

 

g)         Practicing or operating on a license that has expired shall be consider unlicensed activity and shall be grounds for discipline pursuant to Section 4-7 of the Act.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1430  Restoration – Hair Braider

 

a)         Application for Restoration

 

1)         A person applying for restoration of a license as a hair braider that has expired or been on inactive status for less than 5 years shall submit an application on forms provided by the Division and:

 

A)        Pay the required fee set forth in Section 1175.100; and

 

B)        Provide evidence of successful completion of 10 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the application for restoration.

 

2)         If restoring after active military service, the applicant shall submit a copy of the applicant's DD-214 and the current renewal fee.

 

b)         A person applying for restoration of a license as a hair braider that has been expired or been on inactive status for 5 years or more shall submit an application on forms provided by the Division along with either:

 

1)         All of the following:

 

A)        Verification of lawful employment as a hair braider in another jurisdiction for at least 24 months within the 5 years preceding application for restoration from at least 3 clients, coworkers or business owners;

 

B)        Certification of licensure from the licensing authority in the jurisdiction of employment stating that the practice was authorized;

 

C)        A completed Restoration Questionnaire;

 

D)        Evidence of successful completion of 10 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the application for restoration; and

 

E)        The required fee set forth in Section 1175.100; or

 

2)         A copy of the applicant's DD-214 and the current renewal fee, if restoring from active military service.

 

c)         A person applying for restoration under subsection (b) who is unable to comply with one or both of subsections (b)(1)(A) and (B) shall also submit evidence of successful completion of at least 65 hours of relevant training in health, safety, hygiene and business management, in accordance with the requirements of Section 3E-2 of the Act, within the 2 years prior to the application for restoration. An applicant who completes this training shall not be required to complete 10 hours of CE, but shall comply with the remaining requirements of subsection (b).

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1435  Restoration – Hair Braiding Teacher

 

a)         Application for Restoration

 

1)         A person applying for restoration of a license as a hair braiding teacher that has expired or been on inactive status for less than 5 years shall submit an application on forms provided by the Division and:

 

A)        Pay the required fee set forth in Section 1175.100; and

 

B)        Provide evidence of successful completion of 20 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the application for restoration.

 

2)         If restoring after active military service, the applicant shall submit a copy of the applicant's DD-214 and the current renewal fee.

 

b)         A person applying for restoration of a license as a hair braiding teacher that has been expired or been on inactive status for 5 years or more shall submit an application on forms provided by the Division along with either:

 

1)         All of the following:

 

A)        Verification of lawful employment as a hair braiding teacher in another jurisdiction for at least 24 months within the 5 years preceding application for restoration from at least 3 students, coworkers or school owners;

 

B)        Certification of licensure from the licensing authority in the jurisdiction of employment stating that the practice was authorized;

 

C)        A completed Restoration Questionnaire;

 

D)        Evidence of successful completion of 20 hours of CE from a sponsor registered with the Division, in accordance with Section 1175.1200, within the 2 years prior to the application for restoration; and

 

E)        The required fee set forth in Section 1175.100; or

 

2)         A copy of the applicant's DD-214 and the current renewal fee, if restoring from active military service.

 

c)         A person applying for restoration under subsection (b) who is unable to comply with one or both of subsections (b)(1)(A) and (B) shall submit evidence of successful completion of at least 65 hours of relevant training in health, safety, hygiene and business management, in accordance with the requirements of Section 3E-2 of the Act, within the 2 years prior to or within 2 years after the application for restoration.  An applicant who completes this training shall not be required to complete 20 hours of CE, but shall comply with the remaining requirements of subsection (b).

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

SUBPART O: HAIR BRAIDING SCHOOLS

 

Section 1175.1500  Hair Braiding School Application − Private Schools

 

a)         An applicant for a hair braiding school license shall submit a completed application to the Division with the following information and documentation:

 

1)         Name, address and telephone number of the person, corporation or other entity that owns the school;

 

2)         If the school is owned by a legal entity other than an individual, the name, address and telephone number of the chief executive officer of the corporation or other legal entity that owns the school;

 

3)         Name, address and telephone number of the school;

 

4)         Name, address and telephone number of the chief managing employee;

 

5)         If the school is owned by a legal entity formed outside of Illinois (foreign), a copy of the required filing from that jurisdiction and a copy of the certificate of authority to transact business in Illinois as filed with the Illinois Secretary of State;

 

6)         If the school is owned by a partnership, a copy of the signed and dated partnership agreement including the name of the partnership and the name, address and telephone number of each partner;

 

7)         If the owner will be conducting business under an assumed name, as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name;

 

8)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer;

 

9)         A listing of all teachers who will be in the school's employ, showing a sufficient number of qualified teachers who are holders of a current hair braiding teacher license or cosmetology teacher license issued by the Division;

 

10)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

11)         A copy of:

 

A)        a lease showing at least a 1-year commitment to the use of the school site, the address of the school site, the address of the school site, the name of the lessor and the name of the lessee; or

 

B)        the certification of ownership of the proposed school site;

 

12)         An offical fire inspection report from the local fire inspection authority, conducted in the 6 months immediately preceding application, giving approval for use of the site as a school;

 

13)         A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  The financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

14)         A copy of the official enrollment agreement to be used by the school, which shall be consistent with the requirements of Section 1175.1515;

 

15)         A copy of the curricula to be used by the school for each program, which shall be consistent with the requirements of this Part;

 

16)         A copy of the transcript to be used by the school for each program, which shall be consistent with the requirements of Section 1175.1525;

 

17)         A copy of the final examination to be used by the school, which shall be consistent with the requirements of Section 1175.1545;

 

18)         A sample of the school seal to be used by the school;

 

19)         A photograph of the school sign to be used by the school; and

 

20)         The required fee set forth in Section 1175.100.

 

b)         When the items listed in subsection (a) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart O.  School operations shall not begin nor shall the school in any way solicit student enrollment until the school has received notice of approval from the Division.  Approval shall be granted if all the requirements of this Subpart O have been met.

 

c)         Hair braiding schools shall only offer instruction in hair braiding and hair braiding teacher education.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1501  Hair Braiding School Licensure Application – Public Schools

 

a)         An applicant for a public hair braiding school license shall submit a completed application to the Division, with the following information and documentation:

 

1)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.505;

 

2)         A listing of all teachers, including their teacher license numbers, who will be in the school's employ;

 

3)         A copy of the curricula that will be followed for each program that meets the requirements of this Part;

 

4)         A copy of the school's official transcript for each program that meets the requirements of this Part;

 

5)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer; and

 

6)         The required fee set forth in Section 1175.100. 

 

b)         When the items required by subsection (a) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart O.  School operations may not commence, nor shall the school in any way solicit student enrollment, until the school has received written notice of approval from the Division.  Approval will be granted if all of the requirements of this Subpart O have been met.

 

c)         Hair braiding schools shall only offer instruction in hair braiding and hair braiding teacher education.

 

(Source:  Added at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1505  Cosmetology Schools Approved to Teach Hair Braiding

 

a)         Existing cosmetology schools that wish to provide a course of instruction in hair braiding shall:

 

1)         Provide at least 200 square feet of work space to accommodate 5 work stations.  If attendance exceeds 10 in the work space at any time, an additional 40 square feet is required for each additional work station required by subsection (a)(4)(E).  The use of this space shall not reduce the square footage for the conduct of an approved cosmetology school below the minimum requirements set forth in this Section.

 

2)         File an application with the Division, on forms provided by the Division, that shall include:

 

A)        A detailed 8½ x 11 inch floor plan that is:

 

i)          drawn to scale;

 

ii)         shows dimensions;

 

iii)        that has all areas labeled;

 

iv)        has all fixtures shown; and

 

v)         and demonstrates compliance with the requirements of this Section 1175.305;

 

B)        An official fire inspection report from the local fire inspection authority, conducted in the 6 months immediately preceding application, giving approval for use of the site as a school;

 

C)        A financial statement indicating sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  The financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

D)        A copy of the official enrollment agreement to be used by the school, which shall be consistent with the requirements of Section 1175.1515;

 

E)        A copy of the curricula for each program to be used by the school, which shall be consistent with the requirements of this Part;

 

F)         A listing of all teachers who will be in the school's employ, showing a sufficient number of qualified teachers who are holders of a current hair braiding teacher license or cosmetology teacher license issued by the Division;

 

G)        A copy of the transcript to be used by the school for each program, which shall be consistent with the requirements of Section 1175.1525; and

 

H)        The required fee set forth in Section 1175.100.

 

3)         Subsections (a)(2)(B), (C) and (D) shall not apply to a public school.

 

4)         When the items listed in subsection (a)(2) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart O.  The school shall not solicit student enrollment for the hair braiding program until the school has received notice of approval from the Division.  Approval shall be granted if all the requirements of this Section have been met.

 

5)         In addition, the school shall have the following:

 

A)        Desk/table space and chairs suitable for demonstrating hair braiding practices for each licensed teacher in the classroom.

 

B)        1 mannequin practice table to accommodate at least 5 students.

 

C)        1 shampoo bowl and chair with adequate hot and cold running water.

 

D)        1 dryer and chair.

 

E)        At least 1 work station, including a styling chair for every 2 students in attendance.

 

F)         1 mannequin for each student in attendance.

 

G)        Sufficient hair braiding tools, devices and supplies for each student in attendance.

 

H)        1 cape for each student in attendance.

 

b)         Cosmetology schools approved to teach hair braiding shall be required to comply with all provisions in this Part.  Space and equipment required for hair braiding schools by Section 1175.1510(a) and (b) may be utilized for both the cosmetology and hair braiding programs offered by the cosmetology school.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1510  Physical Site Requirements

 

a)         Space Requirements

 

1)         A hair braiding school shall have a minimum of 650 square feet of work space. If the school has more than 10 students, an additional 40 square feet is required for each additional work station required by subsection (b)(10).

 

2)         Work space shall include only the dispensary and laboratory area.

 

3)         A hair braiding school shall have at least 1 classroom of no less than 150 square feet for a maximum of 10 students.  If attendance exceeds 10 in the classroom at any time, an additional 30 square feet of classroom space is required for each additional student.

 

4)         Classroom shall be equipped with desk/table space and chairs suitable for classroom work and demonstrating hair braiding practices.

 

5)         A student lounge area shall be provided that is separated from the work space and sufficient space shall be provided for each student to keep school related and personal items.

 

6)         Two restrooms shall be provided.

 

7)         A public waiting area shall be provided that is separated from the work space.

 

8)         Cloak space shall be provided for the public.  Cloak space must be separated from the work space.

 

9)         All areas of the school shall be lighted and ventilated, except for storage closets.

 

b)         Equipment Requirements – All equipment shall be in working condition and sufficient for the number of students enrolled.  Minimum requirements for school equipment are:

 

1)         An entrance sign designating the name of the school.

 

2)         A school seal.

 

3)         A time clock or other equipment necessary for verification of attendance and hours earned.

 

4)         A chair suitable for classroom work for each student and, when appropriate, sufficient desk or table space in the classroom.

 

5)         Desk/table space and chairs suitable for demonstrating hair braiding practices for each licensed teacher in the classroom.

 

6)         1 mannequin practice table to accommodate at least 5 students.

 

7)         1 shampoo bowl and chair with adequate hot and cold running water.

 

8)         1 dryer and chair.

 

9)         5 work stations with styling chairs.  If attendance exceeds 10 in the work space at any time, at least 1 additional work station with a styling chair for every 2 students.

 

10)         One mannequin for each student in attendance.

 

11)         Sufficient hair braiding tools, devices and supplies for each student in attendance.

 

12)         One cape for each student in attendance.

 

13)         Storage drawers for hair braiding tools, devices and supplies.

 

14)         Adequate covered waste disposal containers placed at convenient locations.

 

15)         Closed or covered space equipped for storing clean towels.  Space shall be large and sturdy enough to store 5 dozen towels per 10 students in the work area.

 

16)         At least one covered container for soiled towels in the work area.  Containers shall be large and sturdy enough to store soiled towels.

 

17)         Adequate lighting and ventilation shall be provided as required by the city, county or municipality.

 

c)         Sanitary Regulations

 

1)         Clean outer garments must be worn at all times.  No open toed shoes shall be worn by students.

 

2)         New or cleaned and disinfected tools and devices shall be used for each patron.

 

3)         After each patron is served, combs, brushes and scissors must be cleaned, then immersed in a disinfectant as specified by the manufacturer's instructions, then rinsed in water and dried. They shall be kept in a closed container separately from items that have not been disinfected.

 

4)         Clean towels shall be used for each patron.

 

5)         A neck strip or towel shall be placed around the patron's neck, and changed after each use, to prevent direct contact between a common use hair cloth or cape and the patron's skin.

 

6)         The head rests of each styling chair shall be protected with a head cover or a cleaned and disinfected towel. Disposable head covers shall be changed after each patron.  Non-disposable head covers shall be cleaned and disinfected before use on a patron.  Towels shall be cleaned and disinfected before use on a patron.

 

7)         Teachers and students shall observe and follow thorough hand washing with soap and water or any equally effective cleansing solution or waterless hand sanitizer before and after serving each patron.

 

8)         Shampoo bowls and sinks shall be clean and free of hair and residue after each use.

 

9)         All disinfecting agents shall be kept at adequate strengths to maintain effectiveness, be free of residue and be available for immediate use at all times the school is open for business.

 

10)         Oils and other items used within the field of practice that are subject to cross-contamination shall be kept in clean, closed containers.  They shall be dispensed from containers to prevent contamination of the unused portion.

 

11)         All clean towels shall be kept in a closed or covered space, separately from soiled towels, that is equipped for storing towels.

 

12)         All soiled towels shall be kept in a covered container.  Containers shall be large and sturdy enough to store soiled towels after use.

 

13)         Storage drawers for clean tools, devices and supplies shall be kept clean and free of residue and used only for clean tools, devices and supplies.

 

14)         Storage cabinets, work stations and vanities shall be kept clean and free of residue.

 

15)         Floor surfaces shall be kept clean, orderly and in good repair.

 

16)         Walls, doors, windows and ceilings shall be clean and free of excessive spots, mildew, condensation or peeling paint.

 

17)         Equipment, mirrors, lights and similar closures, furnishings, attached equipment, decorative materials and fixtures shall be kept clean and in good repair.

 

18)         Outer surfaces of waste disposal containers shall be kept clean.

 

19)         All schools shall provide adequate ventilation as required by the city, county or municipality to keep the school free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes.

 

20)         All schools shall provide a safe and adequate supply of continuous hot and cold running water from an approved source.  Sinks located in the restroom do not qualify as a water source.

 

21)         No owner, manager, teacher or school administrator shall knowingly permit any person suffering from a serious communicable disease, as defined in 77 Ill. Adm. Code 690, to work on the premises, or knowingly permit a student to serve a patron with a serious communicable disease.

 

22)         Pets or other animals shall not be permitted in a school at any time.  This prohibition does not apply to an animal assistant for the physically impaired.

 

d)         Textbooks/Teaching Materials – Textbooks shall be provided for each student in attendance.

 

e)         Teachers – The student/teacher ratio during clinical instruction shall not exceed a 25 to 1 ratio.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1515  Enrollment Agreements and Refund Policies

 

a)         All licensed private hair braiding schools shall have enrollment agreements that meet the requirements of Section 3B-12 of the Act. Licensed public hair braiding schools will be deemed to be in compliance with this provision if these schools comply with the requirements of their public institution.

 

b)         All licensed hair braiding schools shall implement refund policies pursuant to Section 3B-13 of the Act and this Section.

 

1)         When notice of cancellation is given within 5 days after the date of enrollment, all application and registration fees, tuition and any other charges shall be refunded to the student.

 

2)         When notice of cancellation is given after the fifth day following enrollment but before the completion of the student's first day of class attendance, the school may retain the application and registration fee, not to exceed $100, and the cost of any books or materials that have been provided by the school and retained by the student.

 

3)         When notice of cancellation is given after the student's completion of the first day of class attendance but prior to the student's completion of 5% of the course of instruction, the school may retain the application and registration fee, not to exceed $100, 10% of the tuition, other instructional charges or $300, whichever is less, and the cost of any books or materials that have been provided by the school and retained by the student.

 

4)         When a student has completed 5% or more of the course of instruction, the school may retain the application fee and registration fee, not to exceed $100 and the cost of any books or materials provided by the school, but shall refund a part of the tuition and other instructional charges in accordance with the requirements of the school's regional or national accrediting agency, if any, or in accordance with this subsection (b). (Section 3B-13(1) of the Act)

 

c)         For students who enroll in and begin classes, the following schedule of tuition adjustment will be considered to meet the Division standards for refunds:

 

PERCENTAGE OF A SCHEDULED COURSE COMPLETED	AMOUNT OF TUITION OWED TO THE SCHOOL
0.01% to 4.9%	10%
5% to 9.9%	30%
10% to 14.9%	40%
15% to 24.9%	45%
25% to 49.9%	70%
50% and over	100%

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1520  Advertising

 

All school advertising for patrons must contain the words "Work Done Exclusively by Students" or "All Work Done by Students" displayed in a conspicuous manner.

 

(Source:  Added at 35 Ill. Reg. 14983, effective September 9, 2011)

 

Section 1175.1525  Recordkeeping − Transcripts

 

a)         Each hair braiding school shall provide an official transcript showing the entire program work of each student.  The official transcript shall contain the following information:

 

1)         School name, address and phone number;

 

2)         School seal;

 

3)         School license number;

 

4)         Signature of the owner, registrar or director of the school;

 

5)         Student's name, address and social security number;

 

6)         Actual dates student attended, including start date, end date, and graduation date;

 

7)         Subject areas, required hours, earned hours, and grades received (in a percentage form);

 

8)         Any transfer hours citing the name and address of the school transferred from, subject areas, hours earned and grades received (percentage); and

 

9)         Final examination grades (percentage).

 

b)         The official transcript and school records for each student who completed the program shall be permanently maintained by the school in the following manner:

 

1)         If maintained on the school premises, they shall be maintained in a locked, fire-resistant cabinet.  If official transcripts are maintained on a computer system, history tapes or discs of all official records must be stored in a locked, fire-resistant cabinet or electronically stored in a secure off-site storage system.

 

2)         If records, whether electronic or paper, cannot be maintained on the premises in locked fire-resistant cabinets, duplicate student records, including the official transcripts, shall be maintained at a separate location that shall be made known to the Division.  The records shall be accessible to Division officials for inspection.

 

c)         An official transcript and school records for students who withdrew or dropped out of a program shall be maintained by the school for 5 years from the student's first day of attendance at the school.

 

d)         A copy of the transcript shall be given to the student upon graduation or other permanent exit from the school, provided the student has met all financial obligations set forth in the enrollment agreement set forth in Section 3B-12 of the Act.

 

e)         Transcripts from licensed schools must meet the requirements of this Section to be accepted by the Division for licensure.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1530  Recordkeeping – Hours Earned

 

a)         Student Hours.  A licensed hair braiding school shall have a written, published attendance policy.

 

1)         When determining student hours, a school may define its attendance requirements to include 100% attendance for the program length or may allow excused absences for not more than 10% of the program for satisfactory completion.  Satisfactory completion is defined as completion of all theory and practical work as outlined in the school's curricula.

 

2)         Student attendance policies shall be written and applied uniformly and fairly.

 

3)         The school must maintain documentation of excused absences for a period of not less than 5 years.

 

4)         The school must maintain attendance records for each student to verify that the minimum attendance standard set forth by the school is being met.

 

b)         A complete and accurate record of hours of attendance for each student must be recorded and maintained by the school.

 

c)         If a time clock is used, each student shall punch his/her own time card. No student, teacher or any other person shall punch the time card of another student.  If a time clock is not used, there shall be another verifiable method used by the school to record student hours.  The records must be in a form that allows the student to receive a written report of hours earned.  This report of hours earned shall be provided to the student on a monthly basis.

 

d)         Credit for hours earned away from the school premises shall be awarded only if students are supervised by a qualified teacher who is the holder of a current hair braiding teacher license or cosmetology teacher license issued by the Division or by a licensed cosmetologist or a licensed hair braider in the case of an internship.  Credit hours for outside study may include workshops, educational programs, films, demonstrations and internship training in a registered salon.

 

e)         Hours earned away from the school premises shall be recorded on school time forms.  These forms shall include the school seal, name of student, event or program attended, date attended, signature of student, signature of supervising licensed teacher.

 

f)         A qualified teacher who is the holder of a current hair braiding teacher license or cosmetology teacher license issued by the Division shall review the hours earned by each student monthly. Each month the teacher shall issue a signed monthly report to the student showing the actual number of hours earned by the student.

 

g)         Time cards may be destroyed after two years from the student's permanent exit from the school and after all hours earned are recorded on the official transcript.

 

h)         An hour is 60 minutes of instruction but not less than 50 minutes.

 

i)          A qualified teacher who is the holder of a current hair braiding teacher license or cosmetology teacher license issued by the Division shall supervise all classroom and practical instruction.  No credit shall be given for unsupervised study.

 

j)          A student enrolled in the 300-hour hair braiding program may practice on the public only after completing 35 hours of general theory, practical application, and technical application instruction as specified in Section 3E-2 of the Act.

 

k)         A student enrolled in the 600-hour or 500-hour hair braiding teacher program may practice student teaching only after completing 20 hours of Educational Psychology and 20 hours of Teaching Methods as specified in Section 1175.1540.

 

(Source:  Added at 35 Ill. Reg. 14983, effective September 9, 2011)

 

Section 1175.1535  Curriculum Requirements – Hair Braiding

 

Each licensed hair braiding school shall provide a program consisting of a minimum of 300 clock hours or a 10 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction.  Instruction shall be a combination of classroom instruction and hands on (practical and technical) experience.  The licensed hair braiding school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsections (a), (b), (c) and (d).  The minimum subjects and number of hours shall be as follows for each category of training:

 

a)         Basic Training – 35 hours:

 

1)         history of hair braiding;

 

2)         disinfection and sanitation;

 

3)         bacteriology;

 

4)         disorders and diseases of the hair and scalp;

 

5)         personal hygiene, public health; and

 

6)         professional ethics.

 

b)         Related Concepts – 35 hours:

 

1)         tools and equipment;

 

2)         basic styling knowledge;

 

3)         client consultation and face shapes;

 

4)         growth patterns;

 

5)         braid removal and scalp care;

 

6)         styles and sectioning; and

 

7)         client education, pre-care, post-care, home care and follow-up services.

 

c)         Practices and Procedures – 200 hours:

 

1)         single braids with and without extensions;

 

2)         cornrows with and without extensions;

 

3)         twists and knots;

 

4)         multiple strands;

 

5)         hair locking;

 

6)         weaving/sewn-in;

 

7)         other procedures as they relate to hair-braiding; and

 

8)         product knowledge as it relates to hair braiding.

 

d)         Business Practices – 30 hours:

 

1)         the Act and this Part, including sanitary standards;

 

2)         salon management;

 

3)         human relations and salesmanship; and

 

4)         Workers' Compensation Act.

 

e)         A student may practice on the public only after completing 35 hours of general theory, practical application and technical application instruction as specified in Section 3E-2 of the Act.

 

f)         Internship program is an optional part of the curriculum.  Each licensed hair braiding school may choose to set up an internship program and shall adhere to the following guidelines:

 

1)         An internship program:

 

A)        May be substituted for 30 hours of the 300 hours required by this Section.

 

B)        May be part of the curriculum of a licensed hair braiding school and shall be an organized pre-planned training program designed to allow a student to learn hair braiding under the direct supervision of a licensed cosmetologist or licensed hair braider in a registered salon.

 

2)         A student in the internship program:

 

A)        May participate in an internship program only after completing 150 hours of training with a minimum average grade of 80 out of 100.  A school may, however, set the average grade higher and set other standards that a student must meet to participate in the internship program.

 

B)        May not spend more than 30 hours in an internship program.

 

C)        May not be paid while participating in this internship program as it is a part of the hair braiding curriculum of the school.

 

D)        May work a maximum of 8 hours a day and shall be required to spend 1 day a week at the school.

 

E)        Shall be under the direct, on-site supervision of a licensed cosmetologist or licensed hair braider.  Only 1 student shall be supervised by 1 licensed cosmetologist or 1 licensed hair braider at any given time.

 

3)         A licensed hair braiding school shall state clearly in the enrollment agreement that the school offers an internship program.

 

4)         The licensed hair braiding school shall enter into a written internship contract with the student, the registered salon, and the licensed cosmetologist or licensed hair braider.  The contract shall contain all the provisions set forth in subsection (f)(2) and any other requirements of the internship established by the school.  The contract shall be signed by the student, an authorized representative of the school, and the licensed cosmetologist or licensed hair braider who will supervise the student.  Any party to the contract may terminate the contract at any time.

 

g)         A school may, as part of its educational program and on school premises, offer hair braiding services to the public, through a student clinic, as a means of providing students with practical experience.  Services shall be provided by students working under the supervision of one or more teachers.  Students shall receive no compensation, including tips, but shall receive credit for hours worked towards the 300-hour education requirement.  The school may provide these services under the authority of its school license and is not required to obtain a salon registration.  The school shall post a sign visible to the public advising that all services are provided by students.  Except as provided in this subsection (g), a school and a salon shall not operate in the same premises.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1540  Curriculum Requirements – Hair Braiding Teacher

 

a)         A licensed hair braiding school that intends to provide hair braiding teacher training must utilize a teacher program that includes a minimum of 600 clock hours or a 20 credit hour equivalency (1 credit hour equals 30 clock hours) of instruction. The licensed school may provide online hours in theory, but online hours shall not exceed 10% of the hours required in each of subsections (a)(1), (2), (3), (4), (5) and (6).  The minimum number of hours shall be as follows:

 

1)         100 hours of Post-Graduate School Training that includes subjects in the basic curriculum in Section 1175.1535, including theory and practice.  Presentation of material must include the concepts that are intended to be taught and the skills to be acquired during the various phases of basic education.

 

2)         20 hours of Educational Psychology that shall include, but not be limited to, topics in educational objectives, student characteristics and development, the learning process and an evaluation of learning that relates to teaching.   These hours shall be waived on behalf of cosmetology teacher students who have completed a course in Educational Psychology at an accredited college or university.

 

3)         20 hours of Teaching Methods (Theory) that shall include, but not be limited to, topics in individual differences in learning, lesson planning and design, lesson delivery, assessment of learning performance, classroom management, student motivation and classroom climate.   These hours shall be waived on behalf of cosmetology teacher students who have completed a course in Teaching Methods-Secondary Level at an accredited college or university.

 

4)         150 hours of Application of Teaching Methods that includes preparation and organization of subject matter to be presented on a unit by unit basis and presentation of subject matter through application of varied methods (lecture, demonstration, testing and assignments).  Presentations must provide teaching objectives to be accomplished and correlate theoretical with practical application.

 

5)         50 hours of Business Methods that includes inventory, recordkeeping, interviewing, supplies, the Illinois Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 and this Part.

 

6)         260 hours of Student Teaching under the on-site supervision of a qualified teacher who is the holder of a current teacher's license issued by the Division.  The student teacher shall present theoretical and practical demonstrations to students in the basic curriculum.

 

b)         A student may practice student teaching only after completing 20 hours of Educational Psychology and 20 hours of Teaching Methods as specified in subsections (a)(2) and (a)(3).

 

c)         The approved program for a 500-hour Teacher Training Course shall be based on 2 years of practical experience as a hair braider and shall consist of the teacher training curriculum outlined in subsection (a) with the exception of the 100 hours of post-graduate training.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1545  Final Examination

 

a)         A hair braiding school shall require each candidate for graduation to pass a final examination that shall test the student's theoretical and practical knowledge of the curriculum studied.  A "final examination" shall include a single final examination or multiple examinations as determined by the school.

 

b)         The practical examination shall test the candidate's skills in the following areas:

 

1)         Client Preparation, Analysis and Consultation;

 

2)         Single Braids With and Without Extensions;

 

3)         Cornrows With and Without Extensions;

 

4)         Double Strand Twisting;

 

5)         Knots;

 

6)         Locking;

 

7)         Weaving and Styling; and

 

8)         Safety and Sanitation Procedures.

 

c)         The examination shall be administered by the uniform application of standard performance criteria established by the school for each skill area. The standard performance criteria for each skill area shall be delineated in the examination records as specified in subsection (g).

 

d)         A passing score of 75 or greater shall be required on both the theoretical and practical portions of the final examination.

 

e)         The school shall allow each candidate for graduation at least 3 attempts to pass the final examination.

 

f)         The Division may monitor the administration of the final examination:

 

1)         As a result of a complaint received;

 

2)         For random sampling; and/or

 

3)         To collect data.

 

g)         The school shall maintain records of the final examination for a period of no less than 5 years in the manner prescribed in Section 1175.1525(b).  These records shall include:

 

1)         A copy of the final examination administered; and

 

2)         Each student's examination grades.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1550  Change of Ownership

 

a)         For purposes of this Section, "change of ownership", "sale" or "transfer" of a corporation means the transfer of more than 50% of the stock during a 14-day period.  For purposes of this Section, "change of ownership", "sale" or "transfer" of a partnership means a change of more than 50% of the partners during a 14-day period.  For purposes of this Section, "change of ownership", "sale" or "transfer" of an LLC means a change of more than 50% of the members during a 14-day period.  Any change of ownership of a parent business entity that owns the school's owner shall not be considered a change of ownership of the school.

 

b)         If a licensed school is to be sold or otherwise transferred, the new owner must notify the Division at least 30 days in advance of the effective date of the transfer of ownership.  The notification shall include a signed and dated letter from the pre-transfer owner acknowledging the planned sale or transfer.

 

c)         Upon filing notice to the Division, the new owner may continue to operate the school under the previously issued license, provided that the new owner submits an application for licensure to the Division within 30 days after the effective date of the transfer of ownership, by mailing to the Division:

 

1)         A signed and completed school application;

 

2)         If the new owner is a corporation, limited liability company or partnership, a copy of the following:

 

A)        if the owner is a domestic corporation, a filed copy of the Articles of Incorporation, filed with the Secretary of State or, in the case of a foreign corporation, a filed copy of the Authority to Transact Business in Illinois accepted by and filed with the Secretary of State;

 

B)        if the owner is a domestic limited liability company, a copy of the Articles of Organization that were filed with the Secretary of State or, if the owner is a foreign limited liability company, a copy of the Application for Admission to Transact Business as a Foreign Limited Liability Company accepted by and filed with the Secretary of State; or

 

C)        if the owner is a partnership, a listing of all partners and their addresses;

 

3)         Name, address and telephone number of the school;

 

4)         Name, address and telephone number of the chief managing employee;

 

5)         If the new owner will be conducting business under an assumed name as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name;

 

6)         A Commitment Statement, as provided in the licensure application packet, signed and dated by the school's chief administrative officer;

 

7)         A listing of all teachers who will be in the school's employ, showing a sufficient number of qualified teachers who are holders of a current hair braiding teacher license or cosmetology teacher license issued by the Division;

 

8)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows the dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.305;

 

9)         A copy of:

 

A)        a lease showing at least a 1 year commitment to the use of the school site, the address of the school site, the name of the lessor, and the name of the lessee; or

 

B)        the certification of ownership of the school site;

 

10)         An official fire inspection report from the local fire inspection authority, conducted in the 6 months immediately preceding application, giving approval for use of the site as a school;

 

11)         A financial statement indicating that sufficient current finances exist to operate the school for at least 3 months.  The Division will not accept a bank statement as sufficient proof to meet this requirement.  This financial statement shall include reporting cash assets on hand and any liabilities and shall be prepared by either a certified public accountant or a person knowledgeable about the finances of the school.  Any financial statement submitted by a person who is not a certified public accountant must contain a signed statement certifying under penalty of perjury that the information is true and accurate based upon inspection of the financial records of the school;

 

12)         A copy of the official enrollment agreement to be used by the school, which shall be consistent with the requirements of Section 1175.1515;

 

13)         A copy of the curricula for each program offered by the school, which shall be consistent with the requirements of this Part;

 

14)         A copy of the transcript to be used by the school for each program, which shall be consistent with the requirements of Section 1175.1525;

 

15)         A copy of the final examination to be used by the school, which shall be consistent with the requirements of Section 1175.1545;

 

16)         A sample of the school seal to be used by the school;

 

17)         A photograph of the school sign to be used by the school; and

 

18)         The required fee set forth in Section 1175.100.

 

d)         When the items listed in subsection (c) have been received, the Division shall inspect the school premises, prior to school approval, to determine compliance with this Subpart O.  Approval shall be granted if all the requirements of this Subpart O have been met.

 

e)         Hair braiding schools shall only offer instruction in hair braiding and hair braiding teacher education.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1555  Change of Location

 

a)         When the location of a licensed hair braiding school changes, the school owner shall, at least 30 days prior to the change in school site, submit to the Division the following:

 

1)         Written notice to the Division that the licensed hair braiding school is changing location;

 

2)         A signed and completed school application;

 

3)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.1510;

 

4)         A copy of a lease showing at least a 1-year commitment to the use of the school site or certification of ownership of the school site, the address of the school site, the name of the lessor and the name of the lessee;

 

5)         An official fire inspection report from the local fire inspection authority, conducted in the 6 months immediately preceding application, giving approval for use of the site as a school; and

 

6)         The required fee set forth in Section 1175.100.

 

b)         Once the items listed in subsection (a) have been received, the Division shall inspect the premises to determine compliance with this Part.  If any changes affecting items in subsection (a) are made prior to inspection, the school owner must notify the Division in writing.  School operations shall not commence at the new location nor may the school in any way solicit student enrollment at the new location until the owners have received notice of approval from the Division.  Approval will be granted if all of the requirements of this Subpart O have been met.

 

c)         If the change of location is due to natural destruction of, or other severe damage to, the original premises due to circumstances beyond the control of the owner, a temporary site may be used to teach theory classes only.

 

1)         The temporary site must be inspected prior to its use and must possess light and ventilation and tables and chairs for the number of students in a classroom, and must be clean.

 

2)         The temporary site may be used for a period of 2 months.  The 2-month period can be extended for good cause.  Good cause includes, but is not limited to, unexpected delays in construction, delays in lease arrangements, or delays in equipment delivery.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1560  Change of Name

 

a)         When the name of a licensed hair braiding school changes, the school owner shall, at least 30 days prior to the change in school name, submit to the Division the following:

 

1)         Written notice to the Division that the licensed hair braiding school name is changing.  Notice shall include the owner's name, school license number, previous name of school, address of school, new name of school and effective date of change;

 

2)         If the school with the new name will be conducting business under an assumed name as described in the Assumed Business Name Act [805 ILCS 405], a copy of the application to adopt an assumed name filed with the government office responsible for approving the assumed name; and

 

3)         The required fee set forth in Section 1175.100.

 

b)         Once the items listed in subsection (a) have been received and processed, the Division shall issue an updated license.  At the time of the change of the name, all identifying signs and materials must be changed to conform to the new school name on the school license.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1565  Expansion

 

a)         Written notice shall be given to the Division 30 days prior to any expansion of a licensed hair braiding school.

 

b)         When an on-site expansion is to accommodate an increased enrollment, a completed school application shall be submitted along with:

 

1)         A statement from the school owner outlining the purpose of the expansion;

 

2)         A detailed 8½ x 11 inch floor plan that is:

 

A)        drawn to scale;

 

B)        shows dimensions;

 

C)        has all areas labeled;

 

D)        has all fixtures shown; and

 

E)        demonstrates compliance with the requirements of Section 1175.1510;

 

3)         A listing of any additional teachers who will be added to the teaching staff as a result of the expansion; and

 

4)         The required inspection fee set forth in Section 1175.100.

 

c)         Off-Site Locations

 

1)         An off-site classroom location is defined as a separate classroom, not continuously joined that is located within 5 miles of the main school site that serves to provide adequate space in which to train an overflow of students.  A clinic may not be operated at an off-site classroom location. A school may establish only one off-site classroom location.  All identifying signs and materials must reflect the name of the main school.

 

2)         When the expansion will result in an off-site classroom location, a completed school application shall be submitted along with:

 

A)        A statement from the school owner outlining the purpose of the off-site classroom location;

 

B)        A detailed 8½ x 11 inch floor plan of the entire site that has dimensions and demonstrates meeting the requirements of Section 1175.1510;

 

C)        A copy of:

 

i)          a lease showing at least a 1-year commitment to the use of the off-site classroom location, the address of the site, the name of the lessor and the name of the lessee; or

 

ii)         the certification of ownership of the off-site classroom location;

 

D)        An official fire inspection report from the local fire inspection authority, conducted in the 6 months immediately preceding application, giving approval for use of the site as an off-site classroom location;

 

E)        A listing of any additional teachers who will be added to the teaching staff as a result of the expansion; and

 

F)         The required fee set forth in Section 1175.100.

 

d)         Upon receipt of the items listed in subsections (b) and (c), the Division shall inspect the expansion site to determine compliance with this Part.  If any changes affecting items in subsections (b) and (c) are made prior to inspection, the school owner must notify the Division in writing.  The expansion site shall not be used until the inspection has occurred and the owner has received notice of approval from the Division.  Approval will be granted if all of the requirements of this Subpart O have been met.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1570  Discontinuance of Program

 

a)         The Division shall receive a minimum of 30 days written notice of a school's intent to discontinue its program.  The notice shall include the exact location where the student records are to be stored.

 

b)         The school owner shall notify the Division in writing of the actual closing date of the school.

 

c)         All school records shall be maintained after the school closes.

 

d)         The school must continue to meet the requirements of the Act and this Part until the actual closing date.

 

e)         Each student enrolled at the time of discontinuation must be provided an official transcript of all hours earned while enrolled in the program.

 

f)         Each student shall be given a refund prorated to at least reflect the percentage of time remaining to complete the course of instruction.

 

g)         Students who have acquired 150 or more clock hours before their school closes shall be allowed to transfer all accumulated hours to another licensed hair braiding school, with the approval of that school.  Schools accepting these hours shall not be credited with the students' pass/fail statistics, set forth in Section 1175.570(b), resulting from their first attempt on the Illinois Hair Braiding examination.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)

 

Section 1175.1575  Withdrawal of Licensure

 

The Division may withdraw, suspend or place on probation, pursuant to 68 Ill. Adm. Code 1110, the licensure of a hair braiding school or cosmetology school when the quality of the program has been affected by any of the following:

 

a)         Gross or repeated violations of any provisions of the Act or this Part;

 

b)         Fraud or dishonesty in furnishing transcripts or documentation for evaluation of the school;

 

c)         Failure to meet the criteria for school approval in Section 1175.1500 or 1175.1501;

 

d)         Failure to administer the final examination specified in this Part;

 

e)         Failure to maintain final examination grades for each student and a master copy of the examination administered by the school, as specified in this Part;

 

f)         Fraud or dishonesty in providing transcripts to students who have fulfilled all obligations under Section 1175.1515;

 

g)         Failure to provide transcripts to students;

 

h)         A finding by the U.S. Office of Education or Illinois Student Assistance Commission that a school has misappropriated or misused grant or loan monies or has aided in obtaining monies by providing fraudulent or untruthful information; and

 

i)          Any other violations of the Act or this Part.

 

(Source:  Amended at 42 Ill. Reg. 15159, effective August 10, 2018)