N.Y. General Business Law § 434: License after examination; application to take

§ 434. License after examination; application to take. 1. Any person

over the age of seventeen years, desiring a license to engage in the

practice of barbering under this article, may make application to the

secretary of state therefor. The application shall be subscribed and

affirmed by the applicant as true under the penalties of perjury. The

application shall be in such form and shall contain such information

relative to the applicant and his qualifications as may be prescribed by

the secretary of state. Each application shall be accompanied by:

(a) Two recent photographs of the applicant of a size prescribed by

the secretary of state;

(b) Satisfactory evidence of good moral character, except that in

determining an applicant's good moral character, the secretary of state

shall not automatically disqualify an applicant on the basis of a

criminal conviction. The secretary shall review such criminal history

information in accordance with article twenty-three-A of the correction

law;

(c) The certificate of a duly licensed physician or nurse

practitioner, on a form prescribed by the secretary of state, showing

freedom from any infectious or communicable disease which certificate

shall have been issued within thirty days prior to the date of the

filing of the application;

(d) Evidence of elementary education satisfactory to the secretary of

state;

(e) Satisfactory evidence of the successful completion of a course of

study in a school of barbering duly licensed pursuant to the education

law or approved by the board of regents or, in lieu thereof,

satisfactory evidence of having pursued in good faith the theoretical

and practical study of barbering for a period of at least two years

under the direct supervision and tutelage of one or more licensed

barbers, or, that the applicant has been lawfully, actually and

continually engaged in the practice of barbering in any other state,

territory, protectorate or dependency of the United States, or any

foreign country for a period of not less than three years prior to the

filing of an application for a license to engage in the practice of

barbering, or, that the applicant is the holder of a temporary license

issued under section four hundred thirty-five of this article;

(e-1) Evidence in the form of a certificate, issued by a state

licensed school of barbering, of the successful completion of a course

of study approved by the education department concerning the

transmission of contagious diseases and the proper methods of sanitation

and sterilization to be employed in barber shops, especially as they

relate to tools and instruments. The required course materials requisite

to issuance of such certificate of successful completion may be provided

by such state licensed school of barbering either at the school's

approved premises or by long distance methods of instruction and

testing, as shall have been approved by the education department;

(f) The application fee prescribed by this article; and

(g) Satisfactory evidence of having taken and passed a written

examination offered by the secretary of state pursuant to this article.

2. The secretary of state shall prepare question papers which shall be

the same for all persons at any given examination. The questions may be

partly written and partly oral. No person shall receive a license

hereunder who has not actually demonstrated to the secretary of state

the applicant's ability and fitness to engage in the practice of

barbering in such practical tests as may be required by the secretary of

state.

3. Examinations shall be in the English language and may, in the

reasonable discretion of the secretary of state, be translated or

transposed into any other language if requested by a person taking the

examination, upon satisfactory proof of the need therefor. They shall be

held at least quarterly and shall be given in at least four convenient

places in the state.

4. If an applicant has successfully passed the examination therefor,

and has otherwise qualified for a license, the secretary of state on

payment of the fee prescribed by this article, shall issue to such

applicant a license to engage in the practice of barbering.