Request By:
Mr. Gene Record
Executive Administrator
Kentucky Board of Barbering
4265 Roosevelt Avenue
Louisville, Kentucky 40213
Opinion
Opinion By: Robert F. Stephens, Attorney General; B. F. Radmacher, III, Assistant Attorney General
Please be advised that your request for an opinion relative to the application of Kentucky Revised Statutes Chapter 317 has been referred to me for response.
Specifically, your first question is whether a barber, properly licensed in another state, qualifies to take the Kentucky Barber Examination. Chapter 317 of the Kentucky Revised Statutes does not have a specific provision dealing with the licensing of qualified out-of-state barbers in the State of Kentucky. However, the Kentucky Board of Barbering, through its administrative regulations, and specifically 201 KAR 14:060 provides that an out-of-state barber:
"Who has a current license or certification of registration as a practicing barber of another state or county, which has substantially the same requirements for licensing or registering barbers as are required of KRS Chapter 317 and the various regulations adopted pursuant thereto, shall upon payment of the required fee be granted permission to take an examination to determine his fitness to receive a license to practice barbering."
Assuming that the applicant meets the other requirements specified in KRS 317.450 and the Board determines that the requirements of the second jurisdiction surpass or are equal to that of Kentucky, he would qualify for the licensing examination. Further, if the applicant was a licensed barber for a period of three years prior to his application in Kentucky, he would qualify under subsection (2) of 201 KAR 14:060.
Secondly you ask whether, under the same conditions, a licensed instructor from another state would qualify to take the Kentucky Instructor's Examination. Again, KRS 317.450(5) sets out the criteria necessary to be licensed as an instructor. It is the opinion of this office that regulation 201 KAR 14:060 applies, so long as the licensing requirements of the second jurisdiction surpass or are equal to those of Kentucky. Further, the three year requirement mentioned in KRS 317.450(5) applies and the Board would be required to make a determination that the licensing procedures are equivalent.
Finally, you ask whether the non-resident instructor is required to hold a Kentucky Barber License before he is eligible to take the Kentucky Instructor Examination. There is no specific provision of the statute or regulation which deals with the above posed question. However, a review of KRS Chapter 317 indicates that the legislature intended for degrees of licensing ranging from an apprenticeship to an instructor with each license based on a degree of competency. In view of the statutory scheme, it is the opinion of this Office that an out-of-state applicant would be required to satisfactorily complete the examination for licensing as a barber prior to being licensed as an instructor.
If you need further information, please feel free to contact this Office.