19.3 Posting Requirements and Facility Operations

Facility Operations is 6 of 90 Laws items. The domain is not the restroom-and-floor chapter you already studied. It is the paper on the wall, the 30-day notice to HLO, the duty to keep every worker authorized, the duty to let inspectors in, and the demonstration permit for a guest who is not Oregon-certified.

What must be in public view — OAR 817-007-0350

OAR 817-007-0350 is the posting rule. Subsection (1) also sends every freelance authorization, certificate, license, permit, and registration holder to OAR 331-030-0020 (HLO’s general display and identification rule). Then the Board lists the cosmetology-specific wall:

(2) Facility licenses must be posted in public view. (3) Independent contractor registrations must be posted in public view. (4) Practitioner certificates must be posted in public view. (5) Demonstration and temporary authorizations must be posted in public view. (6) A freelance authorization holder must show the authorization to practice upon request of the client. (7) A facility license holder and independent contractor registration holder must post the most recent inspection certificate in public view in the facility or at the independent contractor’s workstation.

Public view means a client standing in the service area can see the paper without opening a drawer. A certificate in a locked office, a license in a folder under the register, or an inspection card taped inside a cabinet is not posted. Freelance is the exception: there is no public wall at a hotel-room shave, so the rule is show on request, not post.

Two inspection-certificate holders exist: the facility license holder (shop-wide posting) and the independent contractor (workstation posting). An employee practitioner posts the certificate, not an independent contractor inspection card the employee does not hold.

Facility operations: notice, authorized workers, inspections

OAR 817-007-0000 is the facility-license operations rule. A facility license is required when operating a business establishment and providing field-of-practice services (ORS 690.055). It is valid for one year and becomes inactive on the last day of the month one year from issuance — inactive, not dormant. The holder must be a natural person. The license is not transferable person-to-person or location-to-location. If the shop moves, the holder submits a new application and meets OAR 817-007-0025. One person may hold more than one facility license, each with its own application, fees, and qualification. The holder must notify the Office within 30 calendar days of changes in facility name or assumed business name under OAR 331-010-0040.

OAR 331-010-0040 is the HLO-wide notice rule 817-120-0005(1) already pointed you to. Authorization holders must notify the Office of information changes within 30 calendar days. Notice must be in writing, at the Office, by regular U.S. mail, facsimile, or electronic mail. Changes include:

• First and last name, with listed legal documents plus photographic identification.
• Residential or mailing address, telephone number including area code, employment status, or work location.
• For a facility license holder: facility name or ABN as filed with the Secretary of State, business telephone, address changes from city or USPS action, mailing address, or closure or sale of the facility or practice.
• For an independent contractor: facility name, physical address, telephone, and license number; changing permanent work location or performing services at multiple licensed facilities on a permanent or temporary basis.

Thirty calendar days, not business days. A booth renter who spends July at a second licensed shop and tells HLO in September has missed 331-010-0040(4). An independent contractor registration can move with that notice (817-007-0225(5)); a facility license cannot be carried to the new address (817-007-0000(4)).

Keep workers authorized. ORS 690.015(2)(g) prohibits allowing an individual in the employ or under the supervision or control of the person to perform in a field of practice without an authorization. The facility holder who looks the other way while an uncertified “assistant” takes paying haircuts owns that prohibition. So does any person who actually employs, supervises, or controls that individual. ORS 690.015(2)(a) still hits the uncertified person who performs or attempts to perform.

Allow inspections. ORS 690.225 requires HLO to provide for inspection of facilities to determine compliance with Board health, safety, infection-control, and licensing rules. OAR 817-007-0275 requires an independent contractor to allow inspection or investigation under ORS 676.608 or 690.225. OAR 817-007-0200(3)–(4) put freelance holders on random audit and require them to allow an investigation under ORS 676.608. Obstructing, threatening, or enabling someone else to impede an inspection or investigation can be discipline under ORS 676.612 or 676.992 and OAR 331-020-0070. Shared or common areas at a multi-booth premises are each authorization holder’s problem unless a contract assigns cleanliness (817-007-0275(2)–(3)).

Demonstration permit — not Oregon-certified, educational, 30 days, not renewable

ORS 690.105 is for a person not certified under ORS 690.048 who wishes to practice, demonstrate, and teach a field of practice, or perform a field of practice, temporarily and primarily for educational purposes, and who is otherwise qualified as the Board determines. The person must first obtain a demonstration permit. The permit specifies (a) the purpose, (b) the period, which shall not exceed 30 days, and (c) the time and place of exercising the privilege. A person may be granted a permit if the person applies, is currently licensed or certified to practice or teach a field of practice in another state and presents satisfactory evidence, or is otherwise qualified as determined by the Board, describes the purpose, and pays the fees.

OAR 817-007-0300 adds Board detail:

(1) Tracks ORS 690.105. (2) A demonstration permit is active for 30 days and is not renewable. (3) The holder (a) may provide services in a field of practice defined under ORS 690.005; (b) must meet Divisions 7, 10, 15, and 60; and (c) may perform services at training seminars, shows, licensed facilities, or other locations approved by the Board.

OAR 817-007-0325: meet Chapter 331 Division 30; application and fees; an affidavit of licensure pursuant to OAR 331-030-0040 from another state, which is active with no current or pending disciplinary action; and a description of the purpose for which the permit is sought.

Fees under OAR 817-040-0003: demonstration application $25 ((2)(a)(G)); demonstration permit $50 ((2)(d)(B)).

Do not confuse this with a temporary facility permit. Temporary facility is ORS 690.055(2): operate a facility not to exceed 30 consecutive calendar days. Demonstration is a person who is not Oregon-certified, teaching or demonstrating, 30 days, not renewable. Temporary facility paper is posted as a temporary authorization (817-007-0350(5)). Demonstration paper is also posted in public view (same subsection). Neither is freelance, and neither is an Oregon practitioner certificate the guest can later use to open a shop.

A Portland show and a missing inspection card

A California-licensed barber is booked for a two-day fade seminar inside a licensed Portland facility. The guest is not certified under ORS 690.048. Lawful paper is a demonstration permit: application $25, permit $50, affidavit of active out-of-state licensure with no current or pending discipline, purpose described, 30 days, not renewable, posted in public view, and infection-control rules still apply. The facility license, every practitioner certificate, every independent contractor registration, and the most recent inspection certificate stay on the wall. If an independent contractor works in the back, that inspection certificate is at the workstation.

If the facility holder sold the shop last month and never told HLO, OAR 331-010-0040(3) and 817-007-0000(6) were already due within 30 calendar days. If the new operator lets an uncertified brother take paying clients during the seminar weekend, ORS 690.015(2)(g) is the operations item, and 817-120-0005(3) still makes every authorization holder responsible for knowing that the brother’s “help” is prohibited.