1.4 The Board, Communicating With It, and Disciplinary Actions

Why this topic matters

The blueprint subtopic "communication with the Board and disciplinary actions (e.g., license revocation)" asks what the Board is, how you must keep it informed, what gets a license suspended or revoked, and what penalties apply. Most questions come from a short list of statutes and one penalty rule.

Who regulates Tennessee barbers

• The Board. The Tennessee Board of Cosmetology and Barber Examiners governs barbering under T.C.A. § 62-3-101. It was created as a combined board in 2014, replacing the separate Board of Barber Examiners (whose barbering act dates to 1929) and the Board of Cosmetology.
• The department. The Board is one of the regulatory boards in the Tennessee Department of Commerce and Insurance (TDCI). The Board office is at 500 James Robertson Parkway, Nashville.
• Inspectors. Barber shop inspections are done by inspectors whom the Board's director provides and supervises. Barber schools may also be inspected by Board members (§ 62-3-101).
• Rules. The Board may adopt reasonable rules and set sanitary requirements for barber shops and schools, subject to approval by the Department of Health (§ 62-3-128). Barber rules are in Chapter 0200-01 (Licensing) and Chapter 0200-03 (Sanitary Requirements). Contested-case hearings follow the Uniform Administrative Procedures Act (§ 62-3-133 and Chapter 0200-02).
• Testing. PSI runs the exams under contract. For registration, scheduling, or score problems, contact PSI, not the Board. PSI's guide asks test takers not to call the Board about testing.

Communicating with the Board

Most licensing business now runs through CORE, the state's online licensing portal. General questions go to the Board office at cosmetology.board@tn.gov. Consumers can check any license at verify.tn.gov and can file complaints with TDCI.

Grounds for discipline: T.C.A. § 62-3-121

The Board may refuse to issue or renew, suspend, or revoke a certificate for any one or combination of these causes:

1. Conviction of a felony for an offense that bears directly on the person's fitness to practice competently, as the Board determines
2. Gross malpractice or gross incompetency
3. Continued practice by a person who knowingly has an infectious or contagious disease
4. Advertising by knowingly false or deceptive statements
5. Habitual drunkenness or habitual addiction to morphine, cocaine, or other habit-forming drugs
6. Immoral or unprofessional conduct
7. A violation of this chapter or any Board rule

Two cross-references matter. First, the Board's sanitary rules state that any violation of Chapter 0200-03 is unprofessional conduct under § 62-3-121(7) (Rule 0200-03-.02). A sanitation violation is therefore a disciplinary matter, not just a housekeeping problem. Second, actions under § 62-3-121 are subject to the Fresh Start Act (Title 62, Chapter 76, Part 1). A criminal record is not an automatic bar; the Board looks at whether the offense directly relates to the job.

The Board may also suspend or revoke a barber school's certificate for failing to meet the chapter's requirements (§ 62-3-127). Mobile shop and residential barber certificates can be refused, suspended, or revoked on the same § 62-3-121 grounds.

Civil penalties: Rule 0200-01-.18

In addition to, or instead of, other discipline, the Board may assess civil penalties of $0 to $1,000 per violation of § 62-3-121(1) through (7). With respect to anyone required to be registered as a barber, it may assess $0 to $1,000 for each separate violation of § 62-3-107 (practicing without registration) and § 62-3-121. In setting the amount, the Board may consider:

• Whether the violation was willful
• Whether it was repeated
• How much risk or harm it caused
• Whether the licensee tried to compensate any victims

Criminal penalties: T.C.A. § 62-3-130

Each of the following is a Class B misdemeanor:

• Violating any provision of Chapter 3
• Letting a person under your supervision or control practice barbering without a valid certificate
• Obtaining or trying to obtain a certificate by paying money other than the required fee, by giving anything of value, or by fraud
• Practicing or trying to practice by fraudulent misrepresentation
• Willfully failing to display a certificate as § 62-3-118 requires
• Failing to comply with a lawful order of the Board

Under Tennessee's sentencing law (§ 40-35-111), a Class B misdemeanor is punishable by up to 6 months in jail, a fine of up to $500, or both.

Putting it together: an inspection scenario

An inspector finds a chair renter cutting hair on a license that expired eight months ago, and no one at the shop can say who the manager on duty is. Several statutes apply:

• The renter violated § 62-3-107 by practicing without a valid certificate. The renter can be fined up to $1,000 per violation and must still pay the renewal fee and late penalty before working again.
• The owner and manager are responsible under § 62-3-111 for ensuring that only licensed persons perform barbering in the shop.
• Operating a shop that is not under the direction of a manager or designated manager violates § 62-3-109(c)(3).
• Letting an unlicensed person practice under your supervision is also a Class B misdemeanor under § 62-3-130.

Exam traps

• The statute's term is certificate of registration. Questions may say "license" and mean the same thing.
• Revocation ends a license, suspension pauses it, and refusal means the Board declines to issue or renew it.
• Penalties are assessed per violation, so repeated violations can multiply the total.