Del. Code 24, § 5104 : Professions And Occupations — Cosmetology And Barbering And Licensure Of Aestheticians — Board Of Cosmetology And Barbering — Board of Cosmetology and Barbering; appointment; composition; qualifications; term of office; suspension or removal; compensation; continuation of former Board

Current through 2016 Legislative Session, Act 399

(a) The Board of Cosmetology and Barbering shall consist of 11 members appointed by the Governor. With the expiration of the terms of the members in office as of April 15, 2016 , the Board composition shall be as follows: 2 cosmetologists, 1 nail technician, 1 barber, 1 aesthetician, 1 cosmetology instructor and 5 public members. To serve on the Board, a public member shall not be, nor ever have been, a cosmetologist, barber, electrologist, nail technician or aesthetician; nor a member of the immediate family of a cosmetologist, barber, electrologist, nail technician or aesthetician; shall not have been employed by a cosmetologist, barber, electrologist, nail technician or aesthetician; shall not have had a material or financial interest in the providing of goods and/or services to a cosmetologist, barber, electrologist, nail technician or aesthetician; nor have been engaged in an activity directly related to cosmetology, barbering, electrology, nail technology or aesthetics. Such public member shall be accessible to inquiries, comments and suggestions from the general public.
(b) Each member shall serve for a term of 3 years, and may successively serve for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member.
(c) A person who has never served on the Board may be appointed to serve on the Board for 2 consecutive terms, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.
(d) Any act or vote by a person appointed in violation of subsection (c) of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c) of this section, unless such amendment or revision amends this section to permit such an appointment.
(e) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded.
(f) Any member who fails to attend 3 consecutive regular business meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed by the Governor.
(g) No member of the Board of Cosmetology and Barbering, while serving on the Board, shall be a president, chairperson or other official of a professional cosmetology, barbering, nail technology, electrology or aesthetics association.
(h) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Board.
(i) Board members shall receive not more than $50 for each meeting attended, nor more than $500 maximum per member in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.
Del. C. § 5104
Amended by Laws 2015, ch. 317,s 4, eff. 7/19/2016.
63 Del. Laws, c. 146, §3; 64 Del. Laws, c. 8, §1; 67 Del. Laws, c. 368, §26; 69 Del. Laws, c. 178, §1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 177, § 1; 73 Del. Laws, c. 158, §§ 2, 3; 77 Del. Laws, c. 65, § 1.;

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