Chapter 06 - American Samoa Board of Cosmetology

31.0601 Definitions.

As used in this chapter the terms defined in 31.1502 A.S.C.A., shall have the meaning ascribed to them in that section and as supplemented, explained and further defined in this chapter. For the purpose of this chapter “practiced as an operator” shall mean working at least halftime for 12 months in any given year for each year required; the burden shall be upon the applicant to establish and prove these working periods. “Full time” shall mean at least 5 hours per day and 5 days a week.

31.0602 Authority; purpose.

The board of cosmetology derives its authority to promulgate these rules pursuant to 31.1502(a)(1) A.S.C.A.

The American Samoa Board of Cosmetology interprets the interest and the intent of the legislature in enacting Chapter 31.15 A.S.C.A., to be the protection of the health, affording to such individuals and effective and practical protection against incompetent, inexperienced, unlawful, and fraudulent acts of operators and cosmetician with whom they come in contact. It is the board’s goal to upgrade and cultivate the cosmetology vocation as well as promoting professionalism and financial stability in the vocation.

31.0603 Chairperson and officials.

The chairperson, vice-chairperson and any other officers of the board shall be elected by the board at the meeting held on the second Wednesday in January or as soon thereafter as possible.

31.0604 Meetings and hearings.

Regular meetings and hearings of the board shall be held in the Office of Development Planning, unless otherwise announced, on the second Wednesday of the months of January, April, July and October at 3: 00 p.m. Such other meetings and hearings as are necessary for the efficient conduct of its business may be held at such times and places as determined by the chair. All meetings and hearings shall be open to the public unless otherwise determined by the chair.

31.0605 Attendance.

The board by a majority vote shall recommend to the Governor the need for a replacement for any member who misses 3 consecutive meetings without good cause. Good cause shall include health reasons and off-island business trips.

31.0606 Quorum.

A quorum shall be one-half or more of the appointed members in attendance at a meeting. A quorum shall not be lost when members leave the meeting unless the quorum is questioned by at least one member still in attendance. No official business can be conducted without a quorum.

31.0607 Committees.

The chairperson may name committees of the board to perform investigation or tasks to report back to the board. A site visit to any location proposed as a beauty shop or salon under consideration may be made by a committee of the board as a whole or committee of at least 2 members of the board. The committee shall report to the board in a public session its recommendation following each site visit. The board may accept, reject or amend the recommendation of any committee. The board may request assistance from law enforcement personnel including police officers and attorneys from the Attorney General’s office to accompany them during their site or inspection visitations.

31.0610 Application for operator’s license.

In accordance with the provisions of 31 .0504 A.S.C.A., the board hereby requires:

(a) Three references to demonstrate the applicant is of good moral character.

(b) The demonstration of a valid current license to practice hairdressing and cosmetology in any state of the United States or in any other county which has licensing standards equivalent to those of any state of the United States by showing the original to the board and filing a clear, complete photocopy of the license together with the application. Any license in a language other than in English must be translated into English. For purposes of this rule the term “state” includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to authority of the United States of America.

(c) Sufficient references but no less than 2 that the applicant has practiced as an operator for 3 out of the 5 years immediately preceding the application filing date.

(d) In lieu of the requirement stated in paragraph (c) above, the applicant may show that he or she has a valid license as required by subsection (b) above and that the applicant has successfully completed a board approved refresher course at an accredited school in any state in the United States or in any country which has accrediting standards equivalent to any state of the United States within one year preceding the application date.

(e) A conditional license may be granted to an applicant who has substantially complied with the above qualifications. “Substantial compliance” shall mean the applicant is of good moral character, has acquired a license as required by subsection (b) above, has practiced as an operator at least 2 out of the 4 years immediately preceding this application date.

(f) All applicants must complete and file an application on a form approved by the board. Form CB 100, as it may be amended from time to time, is hereby approved as an official form for purposes of this chapter. All applications shall be certified by the applicant under penalty of perjury that the statements contained in the application are true.

(g) The burden of proof that the accrediting standards required by subsections (b) and (d) above are equivalent to any state of the United States is upon the applicant.

31.0620 Application for beauty salon.

(a) In accordance with the provisions of 31.1505 A.S.C.A., the board hereby requires:

(1) Prior written certification by the director of medical services that the salon meets the standards of sanitation required by the rules of the department of health no longer than 30 days prior to the date of this application.

(2) Proof that a board licensed operator will be working full-time in the salon. The applicant will provide the name(s) of the operator(s) and file a photocopy of the operator’s license.

(3) Proof that there is a bathroom on the premises and available directly from the salon without exiting the salon.

(4) Proof of sufficient security of chemicals and other potentially dangerous equipment from non-licensed persons, children, and from theft.

(5) Filing a copy of the plot plan and a floor plan of the property that will also be filed with the Zoning Board.

(b) No license shall be granted, renewed, reinstated, or restored if the location of the beauty salon is in a private home without a separate entrance and not sealed from the residential portion of the home.

31.0630 Fees.

(a) The fee for a licensed operator shall be $15.00 for an application, and for each renewal per year payable by December 31 of each year.

(b) The fee for a licensed beauty salon shall be $25.00 for an application, and for each

renewal per year payable by December 31 of each year.

(c) Fees shall be paid by certified check, money order, or be uncertified check drawn on a local bank pre-printed with the applicant’s name and account number. Any check that is returned by the bank upon which it is drawn unpaid shall result in revocation of the license sought and a charge of $15.00 fee for the dishonored check. All checks shall be made out to “ASG Treasurer ¬Cosmetology Board”. No cash or stamps will be accepted.

31.0635 Orders to show cause.

The board shall issue an order to show cause to any operator or beauty salon when the board determines that revocation or suspension of any license is warranted. The requirements of 31.1508 A.S.C.A., shall be complied with at the hearing on the order to show cause.

31.0636 Renewals.

(a) All operators may maintain their current license in the state or country of original issuance, if they so wish. A life-time license from a country is presumed to be valid at all times unless otherwise declared.

(b) No renewals shall be granted without an updated health permit.

(c) No business license for a salon will be approved prior to approval by this Board as a salon. Section 31.1505 A.S.C.A., must be complied with strictly.