State government policy and finance bill, the official text

A bill for an act relating to state government; providing for the operation of legislative organization, government administrative and finance functions, Board of the Arts, Board of Barber Examiners, and Board of Cosmetology Examiners; establishing the Melissa and Mark Hortman Memorial State Park Working Group; establishing fees; requiring a report; appropriating money; amending Minnesota Statutes 2024, sections 3.195, subdivision 1; 3.888, subdivision 7; 5.08; 16B.97, subdivision 4; 129D.13, subdivision 1; 129D.14, subdivision 3; 138.669; 154.001, subdivision 2; 154.003; 154.01; 154.02, subdivisions 1, 4, by adding subdivisions; 154.05; 154.07, subdivision 1, by adding a subdivision; 154.08; 154.09; 154.11, subdivision 1, by adding a subdivision; 155A.20; 155A.23, subdivisions 4, 5, 8, 9, 10, 18, by adding a subdivision; 155A.25, subdivisions 1a, 3, 5, 7; 155A.27, subdivisions 5a, 10, by adding subdivisions; 155A.271, subdivision 2; 155A.29, subdivision 2; 155A.30, subdivisions 3, 4, 5, 6, 7, 8, 9, 11, 12; 155A.31; 155A.32; 155A.33, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; Minnesota Statutes 2025 Supplement, sections 3.06, subdivision 2; 15A.082, subdivision 3; 43A.23, subdivision 1; Laws 2023, chapter 70, article 20, section 12, as amended; Laws 2026, chapter 92, article 1, sections 3; 20, subdivisions 1, 5, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 3; 16A; repealing Minnesota Statutes 2024, section 155A.275; Laws 2017, First Special Session chapter 4, article 1, section 29; Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200; 2100.3300; 2100.4500; 2100.5200, subparts 1, 2, 5; 2100.5300; 2100.6000.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1.

Laws 2023, chapter 70, article 20, section 12, as amended by Laws 2023, chapter 75, section 13, and Laws 2024, chapter 127, article 67, section 15, is amended to read:

Sec. 12. COMMISSIONER OF MANAGEMENT AND BUDGET

$

12,932,000

$

3,412,000

2,412,000

(a) Outcomes and evaluation consultation. $450,000 in fiscal year 2024 and $450,000 in fiscal year 2025 are for outcomes and evaluation consultation requirements.

(b) Department of Children, Youth, and Families. $11,931,000 in fiscal year 2024 and $2,066,000 $1,066,000 in fiscal year 2025 are to establish the Department of Children, Youth, and Families. This is a onetime appropriation.

(c) Health care subcabinet. $551,000 in fiscal year 2024 and $664,000 in fiscal year 2025 are to hire an executive director for the health care subcabinet and to provide staffing and administrative support for the health care subcabinet.

(d) Base level adjustment. The general fund base is $1,114,000 in fiscal year 2026 and $1,114,000 in fiscal year 2027.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Laws 2026, chapter 92, article 1, section 20, subdivision 1, is amended to read:

Subdivision 1.

Inspector general.

$1,875,000 $2,139,000 in fiscal year 2027 is appropriated from the general fund to the Office of the Inspector General for purposes of this act. The base for this appropriation is $5,852,000 $6,562,000 in fiscal year 2028 and $5,852,000 $6,562,000 in fiscal year 2029. The commissioner of administration, in consultation with the commissioner of management and budget, may transfer amounts in fiscal year 2027 to the commissioner of administration for office build out, cost of space, office equipment, and other costs directly related to the establishment of the office.

Sec. 3.

Laws 2026, chapter 92, article 1, section 20, subdivision 5, is amended to read:

Subd. 5.

Human services.

$4,918,000 $3,075,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of human services to coordinate with the Office of the Inspector General as required under this act. The base for this appropriation is $5,720,000 $3,591,000 in fiscal year 2028 and $5,720,000 $3,591,000 in fiscal year 2029.

Sec. 4.

Laws 2026, chapter 92, article 1, section 20, is amended by adding a subdivision to read:

Subd. 7.

Education.

$262,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of education for data sharing preparation. The base for this appropriation is $348,000 in fiscal year 2028 and $348,000 in fiscal year 2029.

Sec. 5.

Laws 2026, chapter 92, article 1, section 20, is amended by adding a subdivision to read:

Subd. 8.

Minnesota IT Services.

$561,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of Minnesota Information Technology Services for operations that support data sharing between agencies. The base for this appropriation is $1,272,000 in fiscal year 2028 and $1,272,000 in fiscal year 2029.

Sec. 6. APPROPRIATIONS; DEPARTMENT OF ADMINISTRATION.

(a) $1,825,000 in fiscal year 2026 is appropriated from the general fund to the commissioner of administration for grants to public television stations for operations. Of this amount, $332,000 is for a grant to Pioneer PBS; $450,000 is for a grant to Lakeland PBS; $616,000 is for a grant to KSMQ; $237,000 is for a grant to PBS North; and $190,000 is for a grant to Prairie Public television.

(b) $100,000 in fiscal year 2027 is appropriated from the general fund to the commissioner of administration for grants to the Association of Minnesota Public Educational Radio Stations to provide resources, software, training, and assistance to help its member stations consolidate resources and expenses. This is a onetime appropriation.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 7. APPROPRIATION; MELISSA AND MARK HORTMAN MEMORIAL STATE PARK WORKING GROUP.

$86,000 in fiscal year 2027 is appropriated from the general fund to the Legislative Coordinating Commission for the administrative costs of the Melissa and Mark Hortman Memorial State Park working group in article 2, section 15. This is a onetime appropriation.

ARTICLE 2

STATE GOVERNMENT POLICY

Section 1.

[3.051] CONTINUING OPERATIONS IN ADVANCE OF LEGISLATIVE ORGANIZATION.

Subdivision 1.

House of representatives and senate.

During the period beginning on the commencement of a new term, and ending at the time that the applicable house has duly organized, the chief clerk of the house of representatives and the secretary of the senate are authorized to direct the following actions and conduct other duties as necessary to maintain the orderly administrative operation of their respective houses:

(1) the designation of all last elected officers who are not members of the legislature, to serve as acting officers and to perform the duties of those offices until such time as successor officers are elected and qualified; and

(2) the appointment of all employees employed as of the end of the prior term, to continue their assigned duties; the appointment of any additional employees agreed to by the designated leaders of the two largest incoming caucuses; and the granting of administrative approvals as needed to process employee terminations and leaves.

Subd. 2.

Legislative Coordinating Commission.

The chief clerk of the house and the secretary of the senate, acting jointly, may direct actions necessary to maintain the orderly administrative operation of the Legislative Coordinating Commission until both houses of the legislature have duly organized.

Sec. 2.

Minnesota Statutes 2025 Supplement, section 3.06, subdivision 2, is amended to read:

Subd. 2.

Successors.

Upon the expiration of a term, the last elected chief clerk of the house of representatives and the last elected secretary of the senate shall continue to exercise the duties of those offices, until a successor is elected and qualified. If an officer of the house of representatives or senate resigns or dies, the duties of the officer shall be performed by a successor as provided in the rules of the officer's house until a successor is elected at a regular or special session.

Sec. 3.

Minnesota Statutes 2024, section 3.195, subdivision 1, is amended to read:

Subdivision 1.

Distribution of reports.

(a) Except as provided in subdivision 4, a report to the legislature required of a department or agency shall be made, unless otherwise specifically required by law, by filing one copy with the Legislative Reference Library, and by making the report available electronically to the Legislative Reference Library. Except as provided in paragraph (e), the same distribution procedure shall be followed for other reports and publications unless otherwise requested by a legislator or the Legislative Reference Library.

(b) A public entity as defined in section 16C.073 shall not distribute a report or publication to a member or employee of the legislature, except the Legislative Reference Library, unless the entity has determined that the member or employee wants the reports or publications published by that entity or the member or employee has requested the report or publication. This prohibition applies to both mandatory and voluntary reports and publications. A report or publication may be summarized in an executive summary and distributed as the entity chooses. Distribution of a report to legislative committee or commission members during a committee or commission hearing is not prohibited by this section.

(c) A report or publication produced by a public entity may not be sent to both the home address and the office address of a representative or senator unless mailing to both addresses is requested by the representative or senator.

(d) Reports, publications, periodicals, and summaries under this subdivision must be printed in a manner consistent with section 16C.073.

(e) If a department or agency is required by law to submit a report to one or more members of a legislative committee, the department or agency must submit the report to the members electronically.

Sec. 4.

Minnesota Statutes 2024, section 3.888, subdivision 7, is amended to read:

Subd. 7.

Expiration.

The commission expires December 31, 2028 2035.

Sec. 5.

Minnesota Statutes 2024, section 5.08, is amended to read:

5.08 LEGISLATIVE MANUAL.

Subdivision 1.

Preparation.

The secretary of state shall prepare, compile, edit, and distribute for use at each regular legislative session, a convenient manual, properly indexed, and containing: The federal and state constitutions; the acts of Congress relating to the organization of the territory and state; the rules of order and joint rules of the two houses, and lists of their members, committees and employees; the names of all state officials, whether elected or appointed, and of all persons holding office from this state under the national government; the places municipalities where the said several officials reside, and the annual compensation of each; and statistical and other information of the kind heretofore published in the legislative manuals.

Subd. 2.

Distribution.

10,000 5,000 copies of the legislative manual shall be printed and distributed as follows:

(1) up to 20 5 copies shall be available to each member of the legislature on request;

(2) 50 12 copies to the State Historical Society;

(3) 25 2 copies to the state university;

(4) 60 30 copies to the state library;

(5) two copies one copy each to the Library of Congress, the Minnesota veterans homes, the universities, the high schools, academies, seminaries, and colleges of the state, and the public libraries of the state;

(6) one copy each to other state institutions, the elective state officials, the appointed heads of departments, the officers and employees of the legislature, the justices of the supreme court, the judges of the court of appeals and the district court, the senators and representatives in Congress from this state, and the county auditors, recorders, and attorneys; and

(7) one copy to each school, to be distributed through the superintendent of each school district; and

(8) the remainder may be disposed of as the secretary of state deems best.

Sec. 6.

Minnesota Statutes 2025 Supplement, section 15A.082, subdivision 3, is amended to read:

Subd. 3.

Submission of recommendations and determination.

(a) By September 1 in each even-numbered year, the Compensation Council shall submit to the speaker of the house and the president of the senate salary recommendations for justices of the supreme court, and judges of the court of appeals and district court. The recommended salaries take effect on July 1 of the next year and July 1 of the subsequent even-numbered year, unless the legislature by law provides otherwise. The salary recommendations take effect if an appropriation of money to pay the recommended salaries is enacted after the recommendations are submitted and before their effective date. Recommendations may be expressly modified or rejected.

(b) By April May 1 in each odd-numbered year, the Compensation Council must prescribe salaries for constitutional officers, and for the agency and metropolitan agency heads identified in section 15A.0815. The prescribed salary for each office must take effect July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval the council determines thereafter, unless the legislature by law provides otherwise. An appropriation by the legislature to fund the relevant office, branch, or agency of an amount sufficient to pay the salaries prescribed by the council constitutes a prescription by law as provided in the Minnesota Constitution, article V, sections 4 and 5.

(c) By April May 1 in each odd-numbered year, the Compensation Council must prescribe daily compensation for voting members of the Direct Care and Treatment executive board. The recommended daily compensation takes effect on July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval the council recommends thereafter, unless the legislature by law provides otherwise.

Sec. 7.

[16A.402] CASH TRANSACTION ROUNDING.

Subdivision 1.

Authorization to round cash transactions.

(a) Notwithstanding any other provision of law, an agency entering into any transaction with a person that results in a payment or transfer of cash between the parties to the transaction may round the payment in the following manner:

(1) in any case in which the total transaction amount ends with 1 cent, 2 cents, 6 cents, or 7 cents as the final digit, the amount of cents in the sum shall be rounded down to the nearest amount divisible by 5;

(2) in any case in which the total transaction amount ends with 3 cents, 4 cents, 8 cents, or 9 cents as the final digit, the amount of cents in the sum shall be rounded up to the nearest amount divisible by 5; and

(3) notwithstanding clause (1), transactions in which the transaction total is $0.01 or $0.02 shall be rounded up to $0.05.

(b) A party authorized to engage in a transaction on behalf of an agency may round the payment in the manner directed by the agency consistent with this section.

(c) This section does not apply to a transaction for which payment is made by electronic fund transfer, check, gift card, money order, credit card, or other similar instrument or method.

Subd. 2.

Policy posted.

An agency that engages in cash transactions must establish a policy for rounding cash transactions consistent with this section and post the policy at each location where cash transactions occur.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 8.

Minnesota Statutes 2024, section 16B.97, subdivision 4, is amended to read:

Subd. 4.

Duties.

(a) The commissioner shall:

(1) create general grants management policies and procedures that are applicable to all executive agencies. The commissioner's policies and procedures must include a grantee fraud risk rating system with corresponding grants management requirements that are informed by the principles of vendor risk management. The commissioner may approve exceptions to these policies and procedures for particular grant programs. Exceptions shall expire or be renewed after five years. Executive agencies shall retain management of individual grants programs;

(2) provide a central point of contact concerning statewide grants management policies and procedures;

(3) serve as a resource to executive agencies in such areas as training, evaluation, collaboration, and best practices in grants management;

(4) ensure grants management needs are considered in the development, upgrade, and use of statewide administrative systems and leverage existing technology wherever possible;

(5) oversee and approve future professional and technical service contracts and other information technology spending related to executive agency grants management systems and activities;

(6) provide a central point of contact for comments about executive agencies violating statewide grants governance policies and about fraud and waste in grants processes;

(7) forward received comments to the appropriate agency for further action, and may follow up as necessary;

(8) provide a single listing of all available executive agency competitive grant opportunities and resulting grant recipients;

(9) selectively review development and implementation of executive agency grants, policies, and practices; and

(10) selectively review executive agency compliance with best practices.

(b) The commissioner may determine that it is cost-effective for agencies to develop and use shared grants management technology systems. This system would be governed under section 16E.01, subdivision 3, paragraph (b).

EFFECTIVE DATE.

This section is effective February 1, 2028.

Sec. 9.

Minnesota Statutes 2024, section 16B.97, subdivision 4, is amended to read:

Subd. 4.

Duties.

(a) The commissioner shall:

(1) create general grants management policies and procedures that are applicable to all executive agencies. The commissioner may approve exceptions to these policies and procedures for particular grant programs. Exceptions shall expire or be renewed after five years. Executive agencies shall retain management of individual grants programs;

(2) provide a central point of contact concerning statewide grants management policies and procedures;

(3) serve as a resource to executive agencies in such areas as training, evaluation, collaboration, and best practices in grants management;

(4) ensure grants management needs are considered in the development, upgrade, and use of statewide administrative systems and leverage existing technology wherever possible;

(5) oversee and approve future professional and technical service contracts and other information technology spending related to executive agency grants management systems and activities;

(6) provide a central point of contact for comments about executive agencies violating statewide grants governance policies and about fraud and waste in grants processes;

(7) forward received comments to the appropriate agency for further action, and may follow up as necessary;

(8) provide a single listing of all available executive agency competitive grant opportunities and resulting grant recipients;

(9) selectively review development and implementation of executive agency grants, policies, and practices; and

(10) selectively review executive agency compliance with best practices.; and

(11) provide a standard template summary page for requests for proposals (RFP) that represent key information about the grant opportunity in a clear and accessible format. The template must include information regarding the purpose of the program, applicant eligibility, funding availability and award structure, grant administration requirements, and the application process. The summary page does not replace or supersede any specific requirement in the full RFP.

(b) The commissioner may determine that it is cost-effective for agencies to develop and use shared grants management technology systems. This system would be governed under section 16E.01, subdivision 3, paragraph (b).

Sec. 10.

Minnesota Statutes 2025 Supplement, section 43A.23, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) The commissioner is authorized to request proposals or to negotiate and to enter into contracts with parties which in the judgment of the commissioner are best qualified to provide service to the benefit plans. Contracts entered into are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner may negotiate premium rates and coverage. The commissioner shall consider the cost of the plans, conversion options relating to the contracts, service capabilities, character, financial position, and reputation of the carriers, and any other factors that the commissioner deems appropriate. Each benefit contract must be for a uniform term of at least one year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. A carrier licensed under chapter 62A is exempt from the taxes imposed by chapter 297I on premiums paid to it by the state.

(b) All self-insured hospital and medical service products must comply with coverage mandates, data reporting, and consumer protection requirements applicable to the licensed carrier administering the product, had the product been insured, including chapters 62J, 62M, and 62Q. Any self-insured products that limit coverage to a network of providers or provide different levels of coverage between network and nonnetwork providers shall comply with section 62D.123 and geographic access standards for health maintenance organizations adopted by the commissioner of health in rule under chapter 62D.

(c) Notwithstanding paragraph (b), a self-insured hospital and medical product offered under sections 43A.22 to 43A.30 is required to extend dependent coverage to an eligible employee's child to the full extent required under chapters 62A and 62L. Dependent child coverage must, at a minimum, extend to an eligible employee's dependent child to the limiting age as defined in section 62Q.01, subdivision 2a, disabled children to the extent required in sections 62A.14 and 62A.141, and dependent grandchildren to the extent required in sections 62A.042 and 62A.302.

(d) Beginning January 1, 2010, the health insurance benefit plans offered in the nonrepresented employees compensation plan under section 43A.18, subdivision 2, and the managerial plan under section 43A.18, subdivision 3, must may include an option for a health plan that is compatible with the definition of a high-deductible health plan in section 223 of the United States Internal Revenue Code. The commissioner must notify the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance within 30 days of electing to eliminate the health plan option authorized under this paragraph. The notification must include the commissioner's rationale for this decision.

Sec. 11.

Minnesota Statutes 2024, section 129D.13, subdivision 1, is amended to read:

Subdivision 1.

Distribution.

The commissioner shall distribute the money provided by sections 129D.11 to 129D.13. Annually the commissioner shall make block grants which shall be distributed in equal amounts to public stations for operational costs. The commissioner shall allocate money appropriated for the purposes of sections 129D.11 to 129D.13 in such a manner that each eligible public station receives a block grant. In addition, the commissioner shall make matching grants to public stations. Matching grants shall be used for operational costs and shall be allocated using the procedure developed for distribution of state money under this section for grants made in fiscal year 1979. No station's matching grant in any fiscal year shall exceed the amount of Minnesota-based contributions received by that station in the previous fiscal year. Grants made pursuant to this subdivision may only be given to those federally licensed stations that are were certified as eligible for community service grants through the Corporation for Public Broadcasting in 2024. Grant funds not expended by a station during the first year of the biennium do not cancel and may be carried over into the second fiscal year.

Sec. 12.

Minnesota Statutes 2024, section 129D.14, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

(a) To qualify for a grant under this section, the licensee must:

(1) hold a valid noncommercial radio station license from the FCC that is a Class "A" or "C" FM, as defined in Code of Federal Regulations, title 47, subpart B, sections 73.210 and 73.211 or Class "C" or "D" AM, as defined in Code of Federal Regulations, title 47, subpart A, section 73.21. Stations with a Class "L1" and "LP100" are not eligible for this funding. The station must be licensed to a community in the state of Minnesota and must be operated as a noncommercial educational station;

(2) have facilities adequate to provide local program production and origination;

(3) employ a minimum of two full-time 1-1/2 professional radio staff persons or the equivalent in part-time staff and agree to employ a minimum of two full-time 1-1/2 professional radio staff persons or the equivalent in part-time staff throughout the fiscal year of the grant;

(4) maintain a minimum daily broadcasting schedule of (i) the maximum allowed by its Federal Communications Commission license, or (ii) 12 hours a day during the first year of eligibility for state assistance, 15 hours a day during the second year of eligibility and 18 hours a day during the third and following years of eligibility;

(5) broadcast 365 days a year or the maximum number of days allowed by its Federal Communications Commission license with an exception for power outages and natural disasters;

(6) have a daily broadcast schedule devoted primarily to programming that serves ascertained community needs of an educational, informational or cultural nature within its primary signal area; however, a program schedule of a main channel carrier designed to further the principles of one or more particular religious philosophies or including 25 percent or more religious programming on a broadcast day does not meet this criterion, nor does a program schedule of a main channel carrier designed primarily for in-school or professional in-service audiences;

(7) originate significant, locally produced programming designed to serve its community of license;

(8) have a total annual operating income and budget of at least $50,000;

(9) have either a board of directors representing the community or a community advisory board that conducts advisory board meetings that are open to the public;

(10) have a board of directors that: (i) holds the portion of any meeting relating to the management or operation of the radio station open to the public, and (ii) permits any person to attend any meeting of the board without requiring a person, as a condition to attendance at the meeting, to register the person's name or to provide any other information; and

(11) have met the criteria in clauses (1) to (10) for six months before it is eligible for state assistance under this section.

(b) The commissioner shall accept the judgment of Corporation for Public Broadcasting accepted audit when it is available on a station's eligibility for assistance under the criteria of this subdivision. If the station is not qualified for assistance or is qualified for but not receiving funding from the Corporation for Public Broadcasting, an independent audit is required to verify eligibility under paragraph (a), clause (8). If neither is available, the commissioner may accept a written declaration of eligibility signed by an independent auditor, a certified public accountant, or the chief executive officer of the station's parent organization.

Sec. 13.

Minnesota Statutes 2024, section 138.669, is amended to read:

138.669 CONTRACTS FOR HISTORIC SITE MANAGEMENT.

The Minnesota Historical Society may contract with a county, municipality, or a county or local historical society for the management and operation of sites in the state historic site network. Notwithstanding section 138.668, the contract may provide for the retention of admission fees received by the management unit and for grants-in-aid to the management unit for use in the site's operation and maintenance.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 14.

Laws 2026, chapter 92, article 1, section 3, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective June 1, 2026, for the Compensation Council to set the salary for the Inspector General beginning January 1, 2027.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 15. MELISSA AND MARK HORTMAN MEMORIAL STATE PARK WORKING GROUP.

Subdivision 1.

Melissa and Mark Hortman Memorial State Park working group.

(a) The Melissa and Mark Hortman Memorial State Park working group consists of the following members:

(1) the governor or the governor's designee;

(2) the commissioner of administration or the commissioner's designee;

(3) the commissioner of natural resources or the commissioner's designee;

(4) the chair of the Capitol Area Architectural and Planning Board or the chair's designee;

(5) the executive director of the Minnesota Historical Society or the executive director's designee;

(6) the chairs and ranking minority members of the senate committees with primary jurisdiction over the Department of Administration and Department of Natural Resources or their designees;

(7) the cochairs of the house of representatives committees with primary jurisdiction over the Department of Administration and Department of Natural Resources or their designees; and

(8) the mayor of the city of St. Paul or the mayor's designee.

(b) Appointing authorities must submit their appointments to the executive director of the Legislative Coordinating Commission no later than July 15, 2026.

Subd. 2.

Recommendations.

The working group must make recommendations for the creation of the Melissa and Mark Hortman Memorial State Park within the Capitol Area as defined in Minnesota Statutes, section 15B.02, including:

(1) identifying the roles and responsibilities of the commissioners of administration and natural resources, the Minnesota Historical Society, and the Capitol Area Architectural and Planning Board related to the administration of the park, including assigning the roles and responsibilities for providing educational programming, interpretive services, planning processes for physical changes, and public engagement activities within the park; and

(2) funding recommendations for establishing and maintaining the park and related programming.

Subd. 3.

Chair.

The working group must elect a chair at its first meeting from among its legislative members.

Subd. 4.

Administrative support; meetings.

(a) The Legislative Coordinating Commission must provide administrative support and convene the first meeting by August 15, 2026.

(b) The working group must meet at regular intervals as often as necessary to develop the recommendations under subdivision 2.

Subd. 5.

Per diem; expenses.

Members of the working group serve without pay, except that legislative members may receive per diem from their respective legislative bodies according to the rules of their respective legislative bodies. All members may be reimbursed for expenses incurred as provided in Minnesota Statutes, section 15.059, subdivision 3.

Subd. 6.

Report.

By February 1, 2027, the working group must submit a written report containing its recommendations to the chairs and ranking minority members of the house of representatives and senate committees with primary jurisdiction over the Department of Administration and the Department of Natural Resources. The report must include draft legislation, if needed, to implement the recommendations of the working group. The working group expires March 15, 2027, or upon submission of the report required by this subdivision, whichever occurs later.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 3

BOARD OF BARBER EXAMINERS

Section 1.

Minnesota Statutes 2024, section 154.001, subdivision 2, is amended to read:

Subd. 2.

Board of Barber Examiners.

(a) A Board of Barber Examiners is established to consist of four barber members and one public member, as defined in section 214.02, appointed by the governor.

(b) The barber members shall be persons who have practiced as registered barbers in this state for at least five years immediately prior to their appointment; shall be graduates from the 12th grade of a high school or have equivalent education, and shall have knowledge of the matters to be taught in registered barber schools, as set forth in section 154.07. One of the barber members shall be a member of, or recommended by, a union of journeymen barbers that has existed at least two years, and one barber member shall be a member of, or recommended by, a professional organization of barbers.

Sec. 2.

Minnesota Statutes 2024, section 154.003, is amended to read:

154.003 FEES.

(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board, shall be paid to the board. The board shall deposit the fees in the general fund in the state treasury.

(b) The board shall charge the following fees:

(1) practical examination and certificate, registered barber, $85 $80;

(2) retake of written examination, $10;

(2) initial barber registration, $80;

(3) examination and certificate, instructor, $180;

(4) certificate, instructor, $65;

(5) temporary teacher permit, $80;

(6) temporary registered barber, military, $85;

(7) temporary barber instructor, military, $180;

(8) renewal of registration, registered barber, $80;

(9) renewal of registration, instructor, $80;

(10) renewal of temporary teacher permit, $65;

(11) student permit, $45;

(12) renewal of student permit, $25;

(13) initial shop registration, $85;

(14) initial school registration, $1,030;

(15) renewal shop registration, $85;

(16) renewal school registration, $280;

(17) restoration of registered barber registration, $95;

(18) restoration of shop registration, $105;

(19) change of ownership or location, $55;

(20) duplicate registration, $40;

(21) home study course, $75;

(22) letter of registration verification, $25; and

(23) reinspection, $100.

(c) If the board uses a board-approved examination provider for any portion of the comprehensive registered barber examination and the provider charges a fee, an examinee must pay the fee directly to the provider. A fee charged by a provider under this paragraph is separate from and not included in the fees that an examinee pays to the board.

Sec. 3.

Minnesota Statutes 2024, section 154.01, is amended to read:

154.01 REGISTRATION MANDATORY.

(a) The registration of the practice of barbering serves the public health and safety of the people of the state of Minnesota by ensuring that individuals seeking to practice the profession of barbering are appropriately trained in the use of the chemicals, tools, and implements of barbering and demonstrate the skills necessary to conduct barber services in a safe, sanitary, and appropriate environment required for infection control.

(b) No person shall practice, offer to practice, or attempt to practice barbering without a current certificate of registration as a registered barber, issued pursuant to provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber Examiners.

(c) A registered barber must only provide barbering services in a registered barber shop or barber school, unless prior authorization is given by the board.

(d) No person shall operate a barber shop unless it is at all times under the direct supervision and management of a registered barber and the owner or operator of the barber shop possesses a current shop registration card, issued to the barber shop establishment address, under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber Examiners.

(e) No person shall serve, offer to serve, or attempt to serve as an instructor of barbering without a current certificate of registration as a registered instructor of barbering or a temporary permit as an instructor of barbering, as provided for the board by rule, issued under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber Examiners. Barber instruction must be provided in registered barber schools only.

(f) No person shall operate a barber school unless the owner or operator possesses a current certificate of registration as a barber school, issued under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 by the Board of Barber Examiners.

Sec. 4.

Minnesota Statutes 2024, section 154.02, subdivision 1, is amended to read:

Subdivision 1.

What constitutes barbering.

Any one or any combination of the following practices when done upon the head, face, and neck for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment directly or indirectly or without payment for the public generally constitutes the practice of barbering within the meaning of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 this chapter: to shave the face or neck using a straight razor or other tool, trim the beard, clean, condition, cut, color, shape, or straighten the hair of any person of either sex for compensation or other reward received by the person performing such service or any other person; to give facial and scalp massage with oils, creams, lotions, or other preparations either by hand or mechanical appliances; to singe, shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics, powders, oils, clays, or lotions to hair, scalp, face, or neck. The removal of hair through the process of waxing is not barbering.

Sec. 5.

Minnesota Statutes 2024, section 154.02, subdivision 4, is amended to read:

Subd. 4.

Certificate of registration.

A "certificate of registration" means the certificate issued to an individual, a barber shop, or a barber school that is in compliance with the requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 this chapter.

Sec. 6.

Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to read:

Subd. 7.

Straight razor.

A straight razor is a razor with a rigid steel cutting blade or a replaceable blade that is hinged to a case that forms a handle when the razor is open for use.

Sec. 7.

Minnesota Statutes 2024, section 154.02, is amended by adding a subdivision to read:

Subd. 8.

Waxing.

Waxing is the process of removing hair from a part of the body by applying wax and peeling off the wax.

Sec. 8.

Minnesota Statutes 2024, section 154.05, is amended to read:

154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A REGISTERED BARBER.

(a) A person is qualified to receive a certificate of registration as a registered barber if the person:

(1) has successfully completed ten grades of education is at least 17 years of age;

(2) has successfully completed 1,500 hours of study of which 281 hours are classroom hours and 1,219 hours are practical hours in a board-approved barber school; and

(3) has passed an a comprehensive examination conducted by the board in accordance with section 154.09 to determine the person's fitness to practice barbering.

(b) A first-time applicant for a certificate of registration to practice as a registered barber who fails to pass the comprehensive examination conducted by the board and who fails to pass a onetime retake of the written examination, shall complete an additional 500 hours of barber education before being eligible to retake the comprehensive examination as many times as necessary to pass.

Sec. 9.

Minnesota Statutes 2024, section 154.07, subdivision 1, is amended to read:

Subdivision 1.

Admission requirements; course of instruction.

No barber school shall be approved by the board unless it the barber school requires, as a prerequisite to admission, ten grades of an approved school or its equivalent, as determined by educational transcript, high school diploma, high school equivalency certificate, or an examination conducted by the commissioner of education, which shall issue a certificate that the student has passed the required examination, and unless it requires, as a prerequisite to graduation, a course of instruction of at least 1,500 hours of not more than ten hours of schooling in any one working day. The course of instruction must include the following subjects: scientific fundamentals for barbering; hygiene; practical study of the hair, skin, muscles, and nerves; structure of the head, face, and neck; elementary chemistry relating to sanitation; disinfection; sterilization and antiseptics; diseases of the skin, hair, and glands; massaging and manipulating the muscles of the face and neck; haircutting; shaving; trimming the beard; bleaching, tinting and dyeing the hair; and the chemical waving and straightening of hair.

Sec. 10.

Minnesota Statutes 2024, section 154.07, is amended by adding a subdivision to read:

Subd. 7.

Application review process.

(a) Upon receipt of an application to establish a barber school, the board must consider the application during a meeting that is open to the public. At the meeting, the applicant must demonstrate that:

(1) the contents of the application are true, as required by this chapter and the rules of the board; and

(2) the applicant has sufficient financial resources to fund the barber school.

(b) The board may deny an application if the board determines that the applicant's financial resources would be insufficient to:

(1) maintain and operate a barber school; and

(2) ensure that the barber school would be open long enough for all registered students to graduate from the barber school.

Sec. 11.

Minnesota Statutes 2024, section 154.08, is amended to read:

154.08 APPLICATION; FEE.

Each applicant for an examination shall:

(1) make an application to the Board of Barber Examiners or a board-approved examination provider on blank forms prepared and furnished by it, the application to the board or the board-approved provider. The application must contain proof under the applicant's oath of the particular qualifications and identity of the applicant;

(2) provide all documentation required in support of the application;

(3) pay to the board the required fee; and

(4) upon acceptance of the notarized application, present a corresponding government-issued photo identification when the applicant appears for the examination.; and

(5) file an application with the board no later than the 20th day of the month preceding the month when the practical portion of the exam is administered.

Sec. 12.

Minnesota Statutes 2024, section 154.09, is amended to read:

154.09 EXAMINATIONS, CONDUCT AND SCOPE.

Subdivision 1.

Examination dates.

The board or a board-approved examination provider shall conduct practical examinations of applicants for certificates of registration to practice as registered barbers not more than six eight times each year, at such time and place as the board may determine. Additional Written examinations may be scheduled by the board and conducted by board staff or a board-approved provider as designated by the board.

Subd. 2.

Documentation required.

The proprietor owner or operator of a barber school must file an affidavit with the board of hours completed by students applying to take the registered barber comprehensive examination. Students must complete the full 1,500-hour curriculum in a barber school approved by the board within the past four years to be eligible for the examination. Barber students who have completed barber school more than four years prior to application, that have not obtained a barber registration, license, or certificate in any jurisdiction must complete an additional 500 hours of barber school education to be eligible for the registered barber examination.

Subd. 3.

Examinations for registration restoration.

Registered barbers that fail An individual who fails to renew their the individual's barber registration for four or more years are is required to purchase and complete the Home Study Course for Barbers program that was prepared and approved by the board before the individual is eligible to apply to take the registered barber comprehensive examination to reinstate the individual's registration.

Subd. 4.

Examinations for individuals seeking reciprocity.

An individual who must pass the comprehensive examination under section 154.11 must purchase and complete the "Home Study Course for Barbers" program that was prepared and approved by the board before the individual is eligible to take the comprehensive examination.

Subd. 5.

Contents of examination.

The comprehensive examination of applicants for certificates of registration as barbers shall must include:

(1) a practical demonstration portion that consists of a haircut and three of the following practical services that the board shall determine: a shave, a beard trim, a shampoo, a perm wrap, a facial, or a color application; and

(2) a written test. The examination must cover portion that covers the subjects taught in barber schools registered with the board, including as required by this chapter, applicable state statute statutes, and rule rules.

Subd. 6.

Examination grading.

The comprehensive examination must be graded as follows:

(1) the grading for the practical portion of the examination must be on a scale of one to 100, with 100 representing a perfect score. A score of 75 must be the minimum passing grade for the haircut portion, and 75 must be the minimum passing score for the average of the remaining parts of the practical examination; and

(2) the minimum passing score for the written portion of the examination is 75 percent.

Subd. 7.

Failure of examination.

(a) An individual who does not pass one portion of the comprehensive examination within a year of passing the other portion of the comprehensive examination must retake the entire comprehensive examination.

(b) An individual who has failed a portion of the comprehensive examination may retake that portion of the examination within a year of passing the other portion after meeting the requirements of this chapter, paying any required fees, and making an application to the board as required by section 154.08.

Sec. 13.

Minnesota Statutes 2024, section 154.11, subdivision 1, is amended to read:

Subdivision 1.

Examination of nonresidents.

(a) A person who meets all of the requirements for barber registration in sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 this chapter and either has a currently active license, certificate of registration, or equivalent as a practicing barber or instructor of barbering as verified from another state or, if presenting foreign country credentials as verified by a board-approved professional credential evaluation provider, which in the discretion of the board has substantially the same requirements for registering barbers and instructors of barbering as required by sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 in this chapter shall, upon payment of the required fee, be issued a certificate of registration without examination.

(b) Individuals without a current documented license, certificate of registration, or equivalent, as verified in paragraph (a), must have a minimum of 1,500 hours of barber education as verified by the barber school attended in the other state or if presenting foreign country education as verified by a board-approved professional credential evaluation provider, completed within the previous four years, which, in the discretion of the board, has substantially the same requirements as required in sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28 this chapter will be eligible for examination.

(c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be subject to all the requirements of section 154.05.

Sec. 14.

Minnesota Statutes 2024, section 154.11, is amended by adding a subdivision to read:

Subd. 4.

Examination of cosmetologists.

(a) A person may be credited with up to 1,000 hours of study toward the 1,500 hours of study required under section 154.05 if the person:

(1) has hours of study that the board determines are substantially similar to the requirements in section 154.07;

(2) has a currently active license verified by the issuing state or a certificate of registration verified by the issuing state, or equivalent, as a practicing cosmetologist; or

(3) has credentials as a practicing cosmetologist from a foreign country that are verified by a board-approved professional credential evaluation provider and the board has determined that the foreign country's curriculum requirements are substantially similar to the requirements in section 154.07.

(b) After a person with credited hours under paragraph (a) completes the remaining required hours in a board-approved barber school and meets the requirements of section 154.05, clause (1), the person is eligible for the comprehensive examination.

Sec. 15. REPEALER.

Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200; 2100.3300; 2100.4500; 2100.5200, subparts 1, 2, and 5; 2100.5300; and 2100.6000,

are repealed.

ARTICLE 4

BOARD OF COSMETOLOGIST EXAMINERS

Section 1.

Minnesota Statutes 2024, section 155A.20, is amended to read:

155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.

(a) A Board of Cosmetologist Examiners is established to consist of seven members, appointed by the governor as follows:

(1) two cosmetologists, one of whom is recommended by a professional association of cosmetologists, nail technicians, and estheticians;

(2) two school instructors, one of whom is teaching at a public cosmetology school in the state and one of whom is teaching at a private cosmetology school in the state;

(3) one advanced practice esthetician;

(4) one nail technician; and

(5) one public member, as defined in section 214.02.

(b) All cosmetologist, advanced practice esthetician, and nail technician members must be currently licensed in the field of cosmetology, nail technology, or esthetology, advanced practice esthiology in Minnesota,; have practiced in the licensed occupation for at least five years immediately prior to their appointment, be graduates from grade 12 of high school or have equivalent education,; and have knowledge of sections 155A.21 to 155A.36 and Minnesota Rules, chapters 2105 and 2110.

(c) Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall must be as provided in sections 214.07 to 214.09. The provision of staff, administrative services, and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations shall must be as provided in chapter 214.

(d) Members appointed to fill vacancies caused by death, resignation, or removal shall must serve during the unexpired term of their predecessors.

Sec. 2.

Minnesota Statutes 2024, section 155A.23, subdivision 4, is amended to read:

Subd. 4.

Cosmetologist.

A "cosmetologist" is any person who, for compensation, performs the personal services, as defined in subdivision 3 for the cosmetic care of the hair, nails, and stratum corneum of the epidermal layer of the skin surface.

Sec. 3.

Minnesota Statutes 2024, section 155A.23, subdivision 5, is amended to read:

Subd. 5.

Esthetician.

An "esthetician" is any person who, for compensation, performs personal services for the cosmetic care of the stratum corneum of the epidermal layer of the skin surface only.

Sec. 4.

Minnesota Statutes 2024, section 155A.23, subdivision 8, is amended to read:

Subd. 8.

Manager.

A "manager" is any person who is a cosmetologist, esthetician, advanced practice esthetician, hair technician, nail technician practitioner, or eyelash technician, and who has a manager license and provides any services under that license, as defined in subdivision 3.

Sec. 5.

Minnesota Statutes 2024, section 155A.23, subdivision 9, is amended to read:

Subd. 9.

Salon.

A "salon" is an indoor area, room, or rooms employed to offer personal services, as defined in subdivision 3. "Salon" Salon does not include the home of a customer but the board may adopt health and infection control rules governing practice in the homes of customers.

Sec. 6.

Minnesota Statutes 2024, section 155A.23, subdivision 10, is amended to read:

Subd. 10.

School.

A "school" is a place where any person operates and maintains a class to teach cosmetology instruction or training is offered to the public for compensation. "School" School does not include a place where the only teaching of cosmetology is done by a licensed cosmetologist as part of a community education program of less than ten hours duration, provided that the program does not permit practice on persons other than students in the program, and provided that the program is intended solely for the self-improvement of the students that only offers continuing education according to this chapter, additional instruction or training to licensees on services within the licensee's scope of practice, or community education programs for personal enrichment and not as preparation for professional practice.

Sec. 7.

Minnesota Statutes 2024, section 155A.23, is amended by adding a subdivision to read:

Subd. 10a.

School administrator.

"School administrator" means the proprietor, if the applicant is a proprietorship; the managing partner, if the applicant is a partnership; the authorized officers, if the applicant is a corporation, association, company, firm, society, or trust; or the dean, principal, or other authorized signatory, if the applicant is a school in the Minnesota State Colleges and Universities system or a secondary school.

Sec. 8.

Minnesota Statutes 2024, section 155A.23, subdivision 18, is amended to read:

Subd. 18.

Practitioner.

A "practitioner" is any person licensed as an operator or manager in the practice of cosmetology, esthiology, advanced practice esthiology, hair technology services, nail technology services, or eyelash technology services.

Sec. 9.

Minnesota Statutes 2024, section 155A.25, subdivision 1a, is amended to read:

Subd. 1a.

Schedule.

(a) The schedule for fees and penalties is as provided in this subdivision.

(b) Three-year license fees are as follows:

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

(i) $155 for each initial license; and

(ii) $40 for each initial license application fee;

(2) $115 renewal of practitioner license, divided as follows:

(i) $100 for each renewal license; and

(ii) $15 for each renewal application fee;

(3) $145 renewal of manager or instructor license, divided as follows:

(i) $130 for each renewal license; and

(ii) $15 for each renewal application fee;

(4) $350 initial salon license, divided as follows:

(i) $250 for each initial license; and

(ii) $100 for each initial license application fee;

(5) $225 renewal of salon license, divided as follows:

(i) $175 for each renewal; and

(ii) $50 for each renewal application fee;

(6) $4,000 initial school license, divided as follows:

(i) $3,000 for each initial license; and

(ii) $1,000 for each initial license application fee; and

(7) $2,500 renewal of school license, divided as follows:

(i) $2,000 for each renewal; and

(ii) $500 for each renewal application fee.

(c) Penalties may be assessed in amounts up to the following:

(1) reinspection fee, $150;

(2) manager and owner with expired practitioner or instructor found on inspection, $150 each;

(3) expired practitioner or instructor found on inspection, $200;

(4) expired salon found on inspection, $500;

(5) expired school found on inspection, $1,000;

(6) failure to display current license, $100;

(7) failure to dispose of single-use equipment, implements, or materials as provided under section 155A.355, subdivision 1, $500;

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355, subdivision 2, $500;

(9) performing nail or cosmetology services in esthetician salon, or performing esthetician or cosmetology services in a nail salon, $500;

(10) owner and manager allowing an operator to work as an independent contractor, $200;

(11) operator working as an independent contractor, $100;

(12) (9) refusal or failure to cooperate with an inspection, $500;

(13) (10) practitioner late renewal fee, $45; and

(14) (11) salon or school late renewal fee, $50.

(d) Administrative fees are as follows:

(1) homebound service permit, $50 three-year fee;

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

(5) special event permit, $75 per year;

(6) $100 (5) no fee for each a temporary military license for a cosmetologist, nail technician, esthetician, or advanced practice esthetician one-year fee, or eyelash technician;

(7) (6) expedited initial individual license, $150;

(8) (7) expedited initial salon license, $300;

(9) (8) instructor continuing education provider approval, $150 each year; and

(10) (9) practitioner continuing education provider approval, $150 each year.

Sec. 10.

Minnesota Statutes 2024, section 155A.25, subdivision 3, is amended to read:

Subd. 3.

Other licenses.

A licensee who applies for licensing in a second category shall must pay the full license fee and application fee for the second category of license. If maintaining more than one license, a licensee must pay the renewal and application fee for each license except as provided in section 155A.27, subdivision 6a.

Sec. 11.

Minnesota Statutes 2024, section 155A.25, subdivision 5, is amended to read:

Subd. 5.

Board must approve or deny application; timeline.

Within 15 working days of receiving a complete application and the required fees, if any, to apply for or renew an individual or salon license that is not an expedited license or a military license, the board must (1) issue the license, (2) deny the license and notify the applicant of the denial, or (3) if the conditions in subdivision 6 are met, notify the applicant that the board must conduct additional review.

Sec. 12.

Minnesota Statutes 2024, section 155A.25, subdivision 7, is amended to read:

Subd. 7.

Temporary military license or expedited license.

Within five business days of receiving a completed application and the required fees, if any, for an individual or salon license that meets requirements for an expedited license or a temporary military license, the board must: (1) issue the license; (2) deny the license and notify the applicant of the denial; or (3) notify the applicant that the board must conduct additional review if the application meets the conditions in subdivision 8.

Sec. 13.

Minnesota Statutes 2024, section 155A.27, subdivision 5a, is amended to read:

Subd. 5a.

Temporary military license.

The board shall must establish temporary licenses for a cosmetologist, a hair technician, a nail technician, an eyelash technician, an esthetician, and an advanced practice esthetician in accordance with section 197.4552, subdivision 2. A temporary license issued under section 197.4552, subdivision 2, is valid for a three-year licensing period. The board must only issue one temporary license per applicant.

Sec. 14.

Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision to read:

Subd. 6a.

Instructor license renewal.

(a) When issuing an instructor license to an individual who holds an operator or a salon manager license in the same classification, the board must extend the expiration date of the operator or salon manager license so that both licenses in the same classification expire on the same date.

(b) When an individual simultaneously renews an instructor license and an operator or a salon manager license in the same classification, the board must charge the individual only the instructor renewal license and renewal application fee according to section 155A.25, subdivision 1a, paragraph (b), clause (3), and must not charge a fee for renewing the operator or salon manager license.

EFFECTIVE DATE.

This section is effective January 1, 2028.

Sec. 15.

Minnesota Statutes 2024, section 155A.27, subdivision 10, is amended to read:

Subd. 10.

Nonresident licenses.

(a) A nonresident cosmetologist, a hair technician, an advanced practice esthetician, a nail technician, an esthetician, or an eyelash technician may be licensed in Minnesota if the individual has completed cosmetology school in a state or country with the same or greater school hour requirements, has an active license in that state or country, and has passed a board-approved theory and practice-based examination, and has passed the Minnesota-specific written operator examination for cosmetologist, hair technician, nail technician, esthetician. If a test is used to verify the qualifications of trained cosmetologists, the test should must be translated into the nonresident's native language within the limits of available resources. Licenses shall must not be issued under this subdivision for managers or instructors.

(b) If an individual has less than the required number of school hours, the individual must have had a current active license in another state or country for at least three years and have passed a board-approved theory and practice-based examination, and the Minnesota-specific written operator examination for cosmetologist, hair technician, nail technician, esthetician. If a test is used to verify the qualifications of trained cosmetologists, the test should must be translated into the nonresident's native language within the limits of available resources. Licenses must not be issued under this subdivision for managers or instructors.

(c) Applicants claiming training and experience in a foreign country shall must supply official English-language translations of all required documents from a board-approved source.

Sec. 16.

Minnesota Statutes 2024, section 155A.27, is amended by adding a subdivision to read:

Subd. 11.

Reciprocity for barbers.

A person who is a registered barber under chapter 154 may be granted credit up to 500 hours, as determined by a Minnesota-licensed cosmetology school, toward the required hours of study for a license in cosmetology or hair technology if the person:

(1) provides the cosmetology school with a verification of registration issued from the Minnesota Board of Barber Examiners verifying that the person has an active Minnesota barber registration; and

(2) holds an active Minnesota barber registration at the time that the person applies for a license in cosmetology or hair technology.

EFFECTIVE DATE.

This section is effective January 1, 2027.

Sec. 17.

Minnesota Statutes 2024, section 155A.271, subdivision 2, is amended to read:

Subd. 2.

Continuing education providers.

(a) Only a board-licensed school of cosmetology, a postsecondary institution as defined described in section 136A.103, subdivision 1, paragraph (a), or a board-recognized professional association organized under chapter 317A may be approved by the board to offer continuing education for credit under subdivision 1, paragraph (a). Continuing education under subdivision 1, paragraph (b), may be offered by a:

(1) board-licensed school of cosmetology;

(2) board-recognized professional association organized under chapter 317A; or

(3) board-licensed salon.

An approved school or professional association may offer web-based continuing education instruction to achieve maximum involvement of licensees. Continuing education providers are encouraged to offer classes available in foreign language formats.

(b) Board approval of any continuing education provider is valid for one calendar year and is contingent upon submission and preapproval of the lesson plan or plans with learning objectives for the class to be offered and the payment of the application fee in section 155A.25, subdivision 1a, paragraph (d), clause (10) (9). The board shall must maintain a list of approved providers and courses on the board's website. The board may revoke authorization of a continuing education provider at any time for just cause and the board may demand return of documents required under subdivision 3.

Sec. 18.

Minnesota Statutes 2024, section 155A.29, subdivision 2, is amended to read:

Subd. 2.

Requirements.

The conditions and process by which a salon is licensed shall must be established by the board by rule. In addition to those requirements, no a license shall must not be issued unless the board first determines that the conditions in clauses (1) to (4) have been satisfied:

(1) compliance with all local and state laws, particularly relating to matters of infection control, health, and safety;

(2) the employment appointment of a manager, as defined in section 155A.23, subdivision 8;

(3) if applicable, evidence of compliance with workers' compensation section 176.182; and

(4) evidence of continued professional liability insurance coverage of at least $25,000 for each claim and $50,000 total coverage for each policy year for each operator practitioner.

Sec. 19.

Minnesota Statutes 2024, section 155A.30, subdivision 3, is amended to read:

Subd. 3.

Applications.

Application for a license shall must be prepared on forms furnished by the board and shall must contain the following and such other information as may be required:

(1) the name of the school, together with ownership and controlling officers, members, and managing employees;

(2) the specific fields of instruction which will be offered and reconciliation of the course content and length to meet the minimum standards, as prescribed in subdivision 2;

(3) the place or places where instruction will be given;

(4) a listing of the equipment available for instruction in each course offered;

(5) the maximum enrollment to be accommodated;

(6) a listing of instructors, all of whom shall must be licensed as provided in section 155A.27, subdivision 2, except that any school may use occasional instructors or lecturers who would add to the general or specialized knowledge of the students but who need not be licensed;

(7) a current balance sheet, income statement or documentation to show sufficient financial worth and responsibility to properly conduct a school and to assure financial resources ample to meet the school's financial obligations;

(8) other financial guarantees which that would assure protection of the public as determined by rule; and

(9) a copy of all written material which materials that the school uses to solicit prospective students, including but not limited to a tuition and fee schedule, and all catalogues, brochures and other recruitment advertisements. Each school shall annually, on a date determined by the board, file with the board any new or amended materials which it has distributed during the past year for prospective student enrollment, including the enrollment contract, the student handbook, and tuition and fee information.

Sec. 20.

Minnesota Statutes 2024, section 155A.30, subdivision 4, is amended to read:

Subd. 4.

Verification of application.

Each application shall must be signed and certified to under oath by the proprietor if the applicant is a proprietorship, by the managing partner if the applicant is a partnership, or by the authorized officers of the applicant if the applicant is a corporation, association, company, firm, society or trust a school administrator as defined in section 155A.23, subdivision 10a.

Sec. 21.

Minnesota Statutes 2024, section 155A.30, subdivision 5, is amended to read:

Subd. 5.

Conditions precedent to issuance.

A license must not be issued unless the board first determines that the applicant has met the requirements in clauses (1) to (9):

(1) the applicant must have a sound financial condition with sufficient resources available to meet the school's financial obligations; to refund all tuition and other charges, within a reasonable period of time, in the event of dissolution of the school or in the event of any justifiable claims for refund against the school; to provide adequate service to its students and prospective students; and to maintain proper use and support of the school;

(2) the applicant must have satisfactory training facilities with sufficient tools and equipment and the necessary number of work stations to adequately train the students currently enrolled, and those proposed to be enrolled;

(3) the applicant must employ a sufficient number of qualified instructors trained by experience and education to give the training contemplated;

(4) the premises and conditions under which the students work and study must be sanitary, healthful, and safe according to modern standards;

(5) each occupational course or program of instruction or study must be of such quality and content as to provide education and training that will adequately prepare enrolled students for testing, licensing, and entry level positions;

(6) the school must have coverage by professional liability insurance of at least $25,000 per incident and an accumulation of $150,000 for each premium year;

(7) the applicant shall must provide evidence of the school's compliance with section 176.182;

(8) the applicant, except the state and its political subdivisions as described in section 13.02, subdivision 11, must file with the board a continuous corporate surety bond in the amount of no less than ten percent of the preceding year's gross income from student tuition, fees, and other required institutional charges, but in no event less than $10,000, conditioned upon the faithful performance of all contracts and agreements with students made by the applicant. New schools must base the bond amount on the anticipated gross income from student tuition, fees, and other required institutional charges for the third year of operation, but in no event less than $10,000. The applicant must compute the amount of the surety bond and verify that the amount of the surety bond complies with this subdivision. The bond shall must run to the board and to any person who may have a cause of action against the applicant arising at any time after the bond is filed and before it is canceled for breach of any contract or agreement made by the applicant with any student. The surety of the bond may cancel it upon giving 60 days' notice in writing to the board and shall must be relieved of liability for any breach of condition occurring after the effective date of cancellation; and

(9) the applicant must appoint a designated school manager.

Sec. 22.

Minnesota Statutes 2024, section 155A.30, subdivision 6, is amended to read:

Subd. 6.

Fees; renewals.

(a) Applications for initial license under sections 155A.21 to 155A.36 shall must be accompanied by a nonrefundable application fee set forth in section 155A.25.

(b) License duration shall must be three years. Each renewal application shall must be accompanied by a nonrefundable renewal fee set forth in section 155A.25.

(c) Application for renewal of license shall must be made as provided in rules adopted by the board and on forms supplied by the board.

Sec. 23.

Minnesota Statutes 2024, section 155A.30, subdivision 7, is amended to read:

Subd. 7.

Inspections.

All schools may be inspected as often as the board considers necessary to affirm compliance. The board shall have has the authority to assess the cost of the inspection to the school.

Sec. 24.

Minnesota Statutes 2024, section 155A.30, subdivision 8, is amended to read:

Subd. 8.

List of licensed schools; availability.

The board shall must maintain and make available to the public a list of licensed schools.

Sec. 25.

Minnesota Statutes 2024, section 155A.30, subdivision 9, is amended to read:

Subd. 9.

Separation of School and professional departments salon separation.

A school shall must display in the entrance reception room of its the school's student section a sign prominently and conspicuously indicating that all work therein is done performed exclusively by students. Professional departments of a school shall be run Any salon or business on the same premises as a school must be operated as an entirely separate and distinct businesses business and shall must have a separate entrances. entrance from the school. If a salon or business is located on the same premises as a school: (1) staff of the salon or business must not provide services or training in the space used by the school; and (2) staff and students of the school must not provide services or training in the space used by the salon or business.

Nothing contained in sections 155A.21 to 155A.36 shall prevent prevents a school from charging for student work done in the school to cover the cost of materials used and expenses incurred in and for the operation of the school. All of the student work shall must be prominently and conspicuously advertised and held forth as being student work and not otherwise.

Sec. 26.

Minnesota Statutes 2024, section 155A.30, subdivision 11, is amended to read:

Subd. 11.

Instruction requirements.

(a) Instruction may be offered for no more than ten hours per day per student.

(b) Instruction must be given within a licensed school building except as provided in paragraphs (c) and (d). Online instruction is permitted for board-approved theory-based classes.

(c) A school may offer online instruction for theory-based portions of training. A school must not give practice-based classes must not be given training online.

(d) A school may offer activities related to the training for industry educational purposes outside of a school building when accompanied by an instructor for a maximum of one percent of the total training hours for a course.

Sec. 27.

Minnesota Statutes 2024, section 155A.30, subdivision 12, is amended to read:

Subd. 12.

Minnesota state authorization.

A cosmetology school licensed or applying for licensure under this section shall must maintain recognition as an institution of postsecondary study by meeting the following conditions, in addition to Minnesota Rules, part 2110.0310:

(1) the school must admit as regular students only those individuals who have a high school diploma or a diploma based on passing commissioner of education-selected high school equivalency tests or their equivalent, or who are beyond the age of compulsory education as prescribed by section 120A.22; and

(2) the school must be licensed by name and authorized by the Office of Higher Education and the board to offer one or more training programs beyond the secondary level.

Sec. 28.

Minnesota Statutes 2024, section 155A.31, is amended to read:

155A.31 INSPECTIONS.

The board is responsible for inspecting salons and schools licensed pursuant to sections 155A.21 to 155A.36 to assure compliance with the requirements of sections 155A.21 to 155A.36. The board shall must direct board resources first to the inspection of those licensees who fail to meet the requirements of law, have indicated that they present a greater risk to the public, or have otherwise, in the opinion of the board, demonstrated that they require a greater degree of regulatory attention.

Sec. 29.

Minnesota Statutes 2024, section 155A.32, is amended to read:

155A.32 DISPLAY OF LICENSE.

Every holder of a license granted by the board shall must display it the license in a conspicuous place in the place of business.

Sec. 30.

Minnesota Statutes 2024, section 155A.33, subdivision 1, is amended to read:

Subdivision 1.

Proceedings.

If the board, or a complaint committee if authorized by the board, has a reasonable basis for believing that a person has engaged in or is about to engage in a violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce, the board or complaint committee may proceed as provided in subdivision 2 or 3. Except as otherwise provided in this section, all hearings must be conducted in accordance with the Administrative Procedure Act chapter 14.

Sec. 31.

Minnesota Statutes 2024, section 155A.33, subdivision 2, is amended to read:

Subd. 2.

Legal actions.

(a) When necessary to prevent an imminent violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce, the board, or a complaint committee if authorized by the board, may bring an action in the name of the state in the District Court of Ramsey County in which jurisdiction is proper to enjoin the act or practice and to enforce compliance with the statute, rule, or order. On a showing that a person has engaged in or is about to engage in an act or practice that constitutes a violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce, the court shall must grant a permanent or temporary injunction, restraining order, or other appropriate relief.

(b) For purposes of injunctive relief under this subdivision, irreparable harm exists when the board shows that a person has engaged in or is about to engage in an act or practice that constitutes violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce.

(c) Injunctive relief granted under paragraph (a) does not relieve an enjoined person from criminal prosecution by a competent authority, or from action by the board under subdivision 3, 4, 5, or 6 with respect to the person's license or registration, or application for examination, license, registration, or renewal.

Sec. 32.

Minnesota Statutes 2024, section 155A.33, subdivision 3, is amended to read:

Subd. 3.

Cease and desist orders.

(a) The board, or complaint committee if authorized by the board, may issue and have served upon an unlicensed or unregistered person, or a holder of a license or registration, an order requiring the person to cease and desist from an act or practice that constitutes a violation of a statute, rule, or order that the board has adopted or issued or is empowered to enforce. The order must (1) give reasonable notice of the rights of the person named in the order to request a hearing, and (2) state the reasons for the entry of the order. No order may be issued under this subdivision until an investigation of the facts has been conducted under section 214.10.

(b) Service of the order under this subdivision is effective when the order is personally served on the person or counsel of record, or served by certified mail to the most recent address provided to the board for the person or counsel of record.

(c) The board must hold a hearing under this subdivision not later than 30 days after the board receives the request for the hearing, unless otherwise agreed between the board, or complaint committee if authorized by the board, and the person requesting the hearing.

(d) Notwithstanding any rule to the contrary, the administrative law judge must issue a report within 30 days of the close of the contested case hearing. Within 30 days after receiving the report and subsequent exceptions and argument, the board shall must issue a further order vacating, modifying, or making permanent the cease and desist order. If no hearing is requested within 30 days of service of the order, the order becomes final and remains in effect until modified or vacated by the board.

Sec. 33.

Minnesota Statutes 2024, section 155A.33, subdivision 4, is amended to read:

Subd. 4.

Licensing and registration actions.

(a) With respect to a person who is a holder of or applicant for a license or registration under this chapter, the board may by order deny, refuse to renew, suspend, temporarily suspend, or revoke the application, license, or registration, censure or reprimand the person, refuse to permit the person to sit for examination, or refuse to release the person's examination grades, if the board finds that such an order is in the public interest and that, based on a preponderance of the evidence presented, the person has:

(1) violated a statute, rule, or order that the board has adopted or issued or is empowered to enforce;

(2) engaged in conduct or acts that are fraudulent, deceptive, or dishonest, related to the practice of a profession regulated by this chapter, if the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to engage in the practice of the profession;

(3) engaged in conduct or acts that constitute malpractice, are negligent, demonstrate incompetence, or are otherwise in violation of the standards in the rules of the board, where the conduct or acts relate to the practice of a profession regulated by this chapter;

(4) employed fraud or deception in obtaining a license, registration, renewal, or reinstatement, or in passing all or a portion of the examination;

(5) had a license, registration, right to examine, or other similar authority revoked in another jurisdiction;

(6) failed to meet any requirement for issuance or renewal of the person's license or registration;

(7) advertised by means of false or deceptive statements;

(8) performed licensed services while consuming or under the influence of an intoxicant or controlled substance;

(9) demonstrated unprofessional conduct or practice;

(10) permitted an unlicensed person under the person's supervision or control to offer or practice services regulated by this chapter for compensation;

(11) practices, offered to practice, or attempted to practice by misrepresentation;

(12) failed to display a license or permit as required by rules adopted by the board;

(13) violated the board's rules governing infection control;

(14) refused to permit the board to make an inspection permitted or required by this chapter, or failed to provide the board or the attorney general on behalf of the board with any documents or records they request; or

(15) with respect to temporary suspension orders, has committed an act, engaged in conduct, or committed practices that the board, or complaint committee if authorized by the board, has determined may result or may have resulted in an immediate threat to the public.

(b) In lieu of or in addition to any remedy under paragraph (a), the board may, as a condition of continued licensure or registration, termination of suspension, reinstatement of licensure or registration, examination, or release of examination results, require that the person:

(1) submit to a quality review of the person's ability, skills, or quality of work, conducted in a manner and by a person or entity that the board determines; or

(2) completes to the board's satisfaction continuing education as the board requires.

(c) Service of an order under this subdivision is effective if the order is served in person, or is served by certified mail to the most recent address provided to the board by the licensee, registrant, applicant, or counsel of record. The order must state the reason for the entry of the order.

(c) The board or complaint committee, if authorized by the board, may issue an order under this subdivision. The order may include conditions under paragraph (b) and civil penalties and fees permitted under subdivision 6. The order may require a person to cease and desist from acting in violation of paragraph (a). The order must include:

(1) a summary of the facts that constitute each violation;

(2) the applicable law that has been violated;

(3) the licensing or registration action taken under paragraph (a); and

(4) a notice to the individual that unless the individual requests a hearing within 30 days of service of the order, the order becomes a final order of the board.

(d) If an order under this subdivision assesses civil penalties, the order must include a statement that, when the order becomes final, the board may file and enforce any unpaid amount of a penalty as a judgment in district court without further notice or additional proceedings.

(e) A person issued an order under this subdivision may request a hearing within 30 days of the date the order is served. If a person's written request for a hearing is not received within 30 days of the date of service of the order, the order becomes a final order and is not subject to review by any court or agency. If a person submits to the board a timely request for hearing, the order is stayed pending a final order. The request for a hearing under this paragraph must:

(1) be in writing;

(2) provide the reason for the person's request for a hearing; and

(3) be mailed or delivered to the board within 30 days of service of the order.

(f) An order under this subdivision must be personally served or sent by first-class or certified mail to the most recent address provided to the board by the licensee or applicant according to Minnesota Rules, part 1400.5550, subparts 2 and 3.

(d) (g) Except as provided in subdivision 5, paragraph (c), all hearings under this subdivision must be conducted in accordance with the Administrative Procedure Act chapter 14.

(h) Nothing in this chapter prevents the board from resolving any violation through informal disposition under section 14.59.

Sec. 34.

Minnesota Statutes 2024, section 155A.33, subdivision 5, is amended to read:

Subd. 5.

Temporary suspension.

(a) When the board, or complaint committee if authorized by the board, issues a temporary suspension order, the suspension provided for in the order is effective on service of a written copy of the order on the licensee, registrant, or counsel of record. The order must specify the statute, rule, or order violated by the licensee or registrant. The order remains in effect until the board issues a final order in the matter after a hearing, or on agreement between the board and the licensee or registrant.

(b) An order under this subdivision may (1) prohibit the licensee or registrant from engaging in the practice of a profession regulated by the board in whole or in part, as the facts require, and (2) condition the termination of the suspension on compliance with a statute, rule, or order that the board has adopted or issued or is empowered to enforce. The order must state the reasons for entering the order and must set forth the right to a hearing as provided in this subdivision.

(c) Within ten days after service of an order under this subdivision, the licensee or registrant may request a hearing in writing. The board must hold a hearing before its own members within five working days of the request for a hearing. The sole issue at the hearing must be whether there is a reasonable basis to continue, modify, or terminate the temporary suspension. The hearing is not subject to the Administrative Procedure Act chapter 14. Evidence presented to the board or the licensee or registrant may be in affidavit form only. The licensee, registrant, or counsel of record may appear for oral argument.

(d) Within five working days after the hearing, the board shall must issue its order and, if the order continues the suspension, shall must schedule a contested case hearing within 30 days of the issuance of the order. Notwithstanding any rule to the contrary, the administrative law judge shall must issue a report within 30 days after the closing of the contested case hearing record. The board shall must issue a final order within 30 days of receiving the report.

Sec. 35.

Minnesota Statutes 2024, section 155A.33, subdivision 6, is amended to read:

Subd. 6.

Violations; penalties; costs.

(a) The board may impose a civil penalty of up to $2,000 per violation on a person who violates a statute, rule, or order that the board has adopted or issued or is empowered to enforce.

(b) In addition to any penalty under paragraph (a), the board may impose a fee to reimburse the board for all or part of the cost of (1) the proceedings resulting in disciplinary action authorized under this section, (2) the imposition of a civil penalty under paragraph (a), or (3) the issuance of a cease and desist order. The board may impose a fee under this paragraph when the board shows that the position of the person who has violated a statute, rule, or order that the board has adopted or issued or is empowered to enforce is not substantially justified unless special circumstances make such a fee unjust, notwithstanding any rule to the contrary. Costs under this paragraph include, but are not limited to, the amount paid by the board for services from the Office Court of Administrative Hearings, attorney fees, court reporter costs, witness costs, reproduction of records, board members' compensation, board staff time, and expenses incurred by board members and staff.

(c) All hearings under this subdivision must be conducted in accordance with the Administrative Procedure Act chapter 14.

Sec. 36.

Minnesota Statutes 2024, section 155A.33, is amended by adding a subdivision to read:

Subd. 8.

Corrective action.

(a) When the board or complaint committee, if authorized by the board, determines that a complaint alleging that an applicant or a licensee violated this chapter, rules adopted under this chapter, or an order issued by the board may be appropriately resolved through corrective action, the board or complaint committee may enter into an agreement for corrective action with an applicant or a licensee.

(b) An agreement for corrective action must:

(1) be in writing;

(2) describe the facts upon which the agreement is based;

(3) describe the corrective action agreed upon by the board or complaint committee and the applicant or licensee; and

(4) state that the complaint upon which the agreement was based must be dismissed by the board or complaint committee when the board or committee finds that the applicant or licensee has successfully performed the corrective action.

(c) The board or complaint committee may determine that the applicant or licensee has successfully performed the corrective action if the applicant or licensee submits a request for dismissal that documents the applicant's or licensee's successful performance of the corrective action.

(d) An agreement under this subdivision is not disciplinary action. An agreement under this section is public data under chapter 13.

(e) The board may assess a fee on an applicant or a licensee to reimburse the board for costs related to the corrective action. The board must include a fee under this paragraph in the corrective action agreement.

(f) If an applicant or a licensee fails to successfully perform the corrective action within the time specified in the agreement, the matter may be resolved through any enforcement action authorized under this section.

Sec. 37. REVISOR INSTRUCTION.

The revisor of statutes must change the term "Board of Cosmetologist Examiners" to "Board of Cosmetology" wherever the term appears in Minnesota Statutes.

Sec. 38. REPEALER.

(a)

Minnesota Statutes 2024, section 155A.275,

is repealed.

(b)

Laws 2017, First Special Session chapter 4, article 1, section 29,

is repealed.

APPENDIX

Repealed Minnesota Statutes: H4591-2

155A.275 SPECIAL EVENTS.

Subdivision 1.

Special event services.

For purposes of this section, "special event services" means services rendered for compensation and performed at a location other than a licensed salon. These services are limited to the practice of nonpermanent manipulation of the hair, including: styling, setting, reinforcing, or extending the hair; the application of nail polish to the nails; and the application of makeup to the skin.

Subd. 2.

Special event services permit.

(a) No person shall perform special event services without first obtaining a special event services permit from the board. To be eligible for a special event services permit, a person must have a valid manager's license issued by the board under the authority of section 155A.27.

(b) An individual applying for a special event services permit must submit to the board, on a form approved by the board, an application for a special event services permit.

(c) An individual providing services under a special event services permit may only perform services within the individual's specific field of licensure and as defined by the permit. The services provided pursuant to the special event services permit must comply with the requirements of this chapter and all federal, state, and local laws.

Repealed Minnesota Session Laws: H4591-2

Laws 2017, First Special Session chapter 4, article 1, section 29

Sec. 29. BOARD OF COSMETOLOGIST EXAMINERS

$

2,775,000

$

2,785,000

The executive director must report quarterly to the chairs and ranking minority members of the committees in the house of representatives and senate with jurisdiction over state government finance on the number of inspections conducted by license type in the past quarter, number and percent of total salons and schools inspected within the last year, total number of licensees by type, and the number of inspectors employed by the board. The first report must be submitted by July 15, 2017.

Repealed Minnesota Rule: H4591-2

2100.2500 EXAMINATION DATES.

Examinations for a certificate as a registered barber shall be held in the second week of February, May, August, and November of each year. Notice of the examination shall be given during the first week of the month preceding the month in which the examination is to be held. Two additional examinations may be held when the board determines it is cost efficient.

2100.2600 APPLICATION FOR EXAMINATION.

An applicant for examination as a registered barber shall file an application for examination on forms furnished by the board. This application must be filed with the board no later than the 20th day of the month preceding the month in which the examination is to be given; provided, however, that the board shall, upon the showing of a hardship, accept applications at a later date.

Applicants for registered barber status must complete the program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners before the examination may be taken.

2100.2900 CONTENTS OF EXAMINATION.

An examination consists of five parts: a written examination and four practical services. The type of haircut, shave or beard trim, and two of the following practical services: shampoo, perm wrap, facial, or color application, will be determined at the discretion of the board.

2100.3000 GRADING OF EXAMINATION.

The registered barber examinations given pursuant to Minnesota Statutes, section 154.09, shall be graded as follows: The grading criteria for the written part of the examination and the passing grade will be established for each written examination at the time of its preparation; however, the lowest passing grade established shall never be less than 55. The grading for the practical performances part of the examination will be on a scale of 1 to 100 with 100 representing a perfect score. A score of 75 will be the minimum passing grade for the haircut portion, and 75 will also be the minimum passing score for the average of the remaining parts of the practical performances. If an applicant does not receive at least the established minimum passing grade on the written portion of the examination, or at least a grade of 75 on the haircut portion of the examination, or score an average of at least 75 on the remaining parts of the practical examination, the applicant will have failed the examination, and may only retake the examination after paying the necessary fee and meeting the requirements of Minnesota Statutes, section 154.05.

2100.3200 FAILURE OF EXAMINATION.

An individual who has not held a Minnesota barber registration prior to examination and who fails the examination and onetime written retake, if applicable, shall complete an additional 500 hours of barber school to be eligible to retake the examination as many times as necessary to pass.

An individual who has previously held a Minnesota barber registration as an apprentice or registered barber may take the examination as many times as necessary to reinstate the registration without additional barber school hours.

2100.3300 FAILURE TO RENEW CERTIFICATE WITHIN FOUR YEARS.

A registered barber who has failed to renew the certificate of registration for four years or more from the date of expiration must complete the current program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners and take and pass the registered barber examination before a certificate of registration may be issued. Home Study Course for Barbers is required prior to examination for all examinees.

2100.4500 INSTRUCTOR REGISTRATION QUALIFICATION.

To qualify for an instructor's examination, an applicant must be a registered barber with three years' experience.

2100.5200 CONSIDERATIONS IN REGISTRATION ISSUANCE.

§
Subpart 1.

Factors.

Upon receipt of an application for establishment of a barber school, the board shall give consideration to the factors in subparts 2 and 5.

§
Subp. 2.

Public welfare.

The board shall give consideration to any detriment to the public welfare and the need for barber school facilities in the community and neighborhood where the proposed barber school is to be located, giving particular consideration to:

§
A.

the economic character of the community and neighborhood;

§
B.

the effect on existing barber shops and barber schools in the community;

§
C.

the availability of adequate support for the proposed barber school in the community and neighborhood with particular regard to adequate practice for students;

§
D.

the extent to which the proposed barber school would draw patrons from adjacent communities or neighborhoods and the character thereof; and

§
E.

the effect of the establishment of a barber school on the social and economic aspects of the community and neighborhood and adjacent communities and neighborhoods in regard to the proposed site.

§
Subp. 5.

Student-registered instructor ratio.

There must be at least one instructor for every 17 students enrolled.

2100.5300 PUBLIC HEARING ON REGISTRATION APPLICATION.

Upon receipt of an application for the establishment of a barber school, the board shall conduct a public hearing in accordance with Minnesota Statutes, chapter 14, and rules promulgated thereunder. The applicant shall show at such hearing, by competent evidence, the factual basis of the assertions of the application and the applicant's qualifications as required by Minnesota Statutes, chapter 154, and the rules of the board. The applicant shall further show financial qualifications and it shall be a sufficient reason for denial of the application that the board considers the financial resources of the applicant to be insufficient to maintain and operate a barber school and assure the graduation of students who are registered in such school and have paid their tuition.

2100.6000 HOURS OF INSTRUCTION.

Each student, including each part-time student, must complete at least 281 classroom hours and 1,219 practical hours in the required 1,500-hour course.