Untitled Texas Attorney General Opinion ( 1975 )

AUSTIN. Txxas 78711
March 19, 1975
The Honorable 0. W. McStay Opinion No. H- 557
Executive Secretary
State Board of Barber Examiners Re: Authority of the State
512 Sam Houston Bldg. Board of Barber Examiners
Austin, Texas 78701 ta suspend licenses.
Dear Mr. McStay:
The State Board of Barber Examiners has requested our opinion
on two questions involving article 8407a, V. T. C. S., the Texas Barber
Law:
1. Under what conditions can a barber teach
hair cutting for hire and reward?
2. Does the Board have the power to suspend
or revoke the license of a barber; if so, under
what conditions and procedures?
A registered barber is authorized to engage in shaving and
trimming the beard, cutting the hair, hair styling, and certain forms
of care for scalp and facial tissues. V. T. C.S. art. 8401, sec. 1;
art. 8407a, sec. 4.
A certificate of registration, however, does not authorize its
holder to teach others hair cutting for hire and reward.
Section 9 of article 8407a prohibits any person, firm or corpora-
tion from operating a barber school, or soliciting students until it
demonstrates to the State Board of Barber Examiners that it has been
established in accordance with that section. A licensed barber school
or college is expressly authorized by section 9(b) to teach “hair-cutting. ”
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The Honorable 0. W. McStay page 2 (H-557)
A qualified barber school which issues “Class A” certificates
must be under the direct supervision and control of a barber who holds
a current registered “Class A” certificate to practice barbering and
who has had five years experience in his profession. V. T. C. S. art.
8407a, sec. 9(f).
Each school shall have at least one (1) teacher who
has a teacher’s certificate issued by the Board
upon examination and who is capable and qualified to
teach the curriculum . . . All such teachers are
required to obtain a teacher’s certificate from the
Board, and, in addition, . . . must meet the follow-
ing requirements:
(1) Demonstrate their ability to teach the said
curriculum outlined herein through a written and
practical test to be given by the Board.
(2) Hold a current certificate as a registered
“Class A” barber under this law.
(3) Demonstrate to the Board that such applicant
is qualified to teach and instruct, to be determined
at the discretion of the Board, and show evidence that
the applkant has had at least six (6) months experience
as a teacher in an approved school or college in Texas
or in another state approved by the Board, or have
completed a six-month postgraduate course as a teacher
in an approved barber school or college in Texas.
Sec. 9(f). (Emphasis added).
Section 9 contemplates that any barber instructing others in
barbering must teach in a licensed barber school and must have a
teaching certificate issued by the Board. In our opinion, a barber
would be conducting a barber school without a permit if he taught
hair-cutting outside a licensed barber school to students for hire
and reward.
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- .
The Honorable 0. W. McStay page 3 (H-557)
Limiting instruction in hair-cutting to licensed teachers in
recognized barber schools serves two reasonable state objectives:
1) it notifies the public to expect to be served by student barbers,and
2) it protects student barbers who might otherwise pay for barbering
instructions which do not qualify them to be licensed as registered
assistant barbers under section 8 of article 8407a, V. T. C. S. See
Texas State Board of Barber Examiners v. Beaumont Barber COT&~,
Inc. , 454 S. W. 2d 729 (Tex. Sup. 1970).
Your second question asks whether the Board of Barber Examiners
has power to suspend a barber’s license, and, if so, under that condi-
tions and procedures.
Section 21 of article 8407a, requires the Board to suspend or
revoke any certificate of registration “for any one of, or a combina-
tion of the following causes:
(A) Gross malpractice;
(B) Continued practice by a person knowingly
having an infectious or contagious disease;
(C) Advertising by means of knowingly making
false or deceptive statements;
(D) Advertising, practicing, or attempting to
practice under another’s trade name or another?s
name:
(E) Habitual drunkenness or habitual addiction
to the use of morphine, cocaine, or other habit-form-
ing drugs;
(F) Immoral or unethical conduct;
(G) The commission of any of the offenses des-
cribed in section 24 of this Act;
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The Honorable 0. W. McStay page 4 (H-557)
See also Turner v. Bennett, 108 S. W. 2d 967 (Tex. Civ. App. --Beaumont
1937, no writ).
Section 22 of article 8407a establishes the procedure for revoking
a barber’s certificate or permit. The procedure involves a summons
issued by a barber inspector, a hearing before a county judge within, 20
days of the summons, a fact-finding inquiry by the judge, a decision by
the Board based on the judge’s findings, and a trial de nova in the District
Court if an individual appeals from the Board’s decision suspending or
revoking his registration.
Compliance with the statutoril~y prescribed procedure is necessary
before the Board may revoke a barber’s certificate or permit under the
provisions of article 8407a, V. T. C. S.
SUMMARY
A barber may only teach hair-cutting for hire
and reward if he has obtained a teacher’s certificate
from the State Board of Barber Examiners and teaches
in a licensed barber school or college.
The Board has authority to revoke or suspend a
barber’s certificate of registration if the findings
of the county judge warrant such action.
Very truly yours,
`` c/ Attorney General of Texas
KENDALL, First Assistant
C, ROBERT HEATH, Chairman
Opinion Committee
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