N.Y. General Business Law § 435: License without examination; temporary licenses

§ 435. License without examination; temporary licenses. 1. Any person

over the age of seventeen years who shall present to the secretary of

state satisfactory evidence that he has been actually engaged in the

practice of barbering in this state for at least one year within the

period of three years immediately prior to July first, nineteen hundred

forty-seven, shall be entitled to a license under this article without

examination, provided that application therefor, accompanied by the

photographs, evidence and the certificate required by paragraphs (a),

(b) and (c), respectively, of subdivision one of section four hundred

thirty-four of this article and the required annual license fee, is

filed with the secretary of state not later than December thirty-first,

nineteen hundred fifty-one. Nothing in this subdivision shall entitle

any person to such license without examination who, since the effective

date of this article, has taken and been unsuccessful in an examination

conducted pursuant thereto.

2. The secretary of state shall issue a temporary license to any

person over the age of seventeen years, who, upon taking effect of this

article, has been actually and continuously engaged in the practice of

barbering in this state for a period of not less than six months, as

substantiated by sworn affidavits or other evidence satisfactory to the

secretary of state and provided application therefor, accompanied by the

photographs, evidence, and the certificate required by paragraphs (a),

(b) and (c), respectively, of subdivision one of section four hundred

thirty-four of this article and one-quarter of the required license fee,

is filed with the secretary of state.

3. A temporary license issued under this section shall expire six

months after the date of issuance and such temporary licensee shall not

be entitled to any further license until he has taken a regularly

scheduled examination and qualified for a regular license under the

provisions of this article. The secretary of state may, however, in his

discretion, for good cause shown, extend the term of such a temporary

license for an additional period not exceeding six months upon the

payment of an additional fee equivalent to one-half of the license fee

prescribed by this article.

4. Any person who has duly applied for a license pursuant to

subdivision one or subdivision two of this section may engage in the

practice of barbering pending the determination of his application.

5. The secretary of state shall upon application and without

examination, issue a license to any person over the age of seventeen

years who has been duly licensed by any other state, territory,

protectorate or dependency of the United States to engage in the

practice of barbering upon compliance with standards and requirements

not lower, in the judgment of the secretary of state, than those of this

state, provided, however, that either such state extends similar

reciprocity to licensees of this state or the applicant is a member of

the household of a member of the armed forces of the United States,

national guard or reserves and was a member of such household before

such member relocated to the state. Such application shall be

accompanied by the photographs, evidence and the certificate required by

paragraphs (a), (b) and (c), respectively, of subdivision one of section

four hundred thirty-four of this article and the required license fee.

6. If any person, eligible for any license, mentioned in this section,

be in the military service at or during the time application for such

license is required to be filed and license fee paid, according to the

provisions of this section, the period within which said application may

be filed and license fee may be paid, is extended in behalf of such

person, until three months after the termination of said military

service, any provision contained in this article to the contrary,

notwithstanding.

In the case of persons who are or were in the military service and (a)

have been or will be discharged under conditions other than

dishonorable, or (b) have a qualifying condition, as defined in section

one of the veterans' services law, and received a discharge other than

bad conduct or dishonorable from such service, or (c) are discharged

LGBT veterans, as defined in section one of the veterans' services law,

and have received a discharge other than bad conduct or dishonorable

from such service, the period of one year specified in subdivision one

of this section and the period of six months specified in subdivision

two of this section need not be continuous. The length of time such

person was engaged in the practice of barbering before entering the

military service may be added to any period of time during which such

person was or is engaged in the practice of barbering after the

termination of military service.