Section 329.210

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 329

Effective - 28 Aug 2008, 3 histories, see footnote   (history) 

  329.210.  Powers of the board, rulemaking. — 1. The board shall have power to:

  (1) Prescribe by rule for the examinations of applicants for licensure to practice the classified occupation of cosmetology and issue licenses;

  (2) Prescribe by rule for the inspection of cosmetology establishments and schools and appoint the necessary inspectors and examining assistants;

  (3) Prescribe by rule for the inspection of establishments and schools of cosmetology as to their sanitary conditions and to appoint the necessary inspectors and, if necessary, examining assistants; and set the amount of the fees which this chapter authorizes and requires, by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level sufficient to produce revenue which shall not substantially exceed the cost and expense of administering this chapter;

  (4) Employ and remove board personnel, as defined in subdivision (4) of subsection 10 of section 324.001, RSMo, as may be necessary for the efficient operation of the board, within the limitations of its appropriation;

  (5) Elect one of its members president, one vice president and one secretary;

  (6) Determine the sufficiency of the qualifications of applicants; and

  (7) Prescribe by rule the minimum standards and methods of accountability for the schools of cosmetology licensed pursuant to this chapter.

  2. The board shall create no expense exceeding the sum received from time to time from fees imposed pursuant to this chapter.

  3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this chapter shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

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(RSMo 1939 §§ 9820, 9826, A.L. 1945 p. 959, L. 1945 p. 738 § 4, A. 1949 H.B. 2069, A.L. 1981 S.B. 16, A.L. 1987 S.B. 248 & 278, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3 merged with S.B. 292, A.L. 1998 H.B. 1601, et al., A.L. 2001 H.B. 567, A.L. 2008 S.B. 788)

Prior revision: 1929 §§ 9099, 9105