Article 4. Examinations

Title 16, Division 9, California Code of Regulations

Board of Barbering and Cosmetology

928. Preapplication for Examination

(a) A preapplication for examination must be submitted to the board postmarked within 7 calendar days from the day the applicant completed 75 percent of the required course hours and curriculum requirements (60 percent for students of the manicurist course) from an approved barbering, cosmetology or electrology school.

(b) A preapplication for examination shall be in writing, on a form prepared by the board (Form #03A-257, Request for Pre-Application, Rev 1/93).

(c) The preapplication form shall be submitted with the following:

(1) The required preapplication fee specified in Section 998;

(2) The application for examination, including the required fee and all proof of qualifications of the applicant for examination, except the proof of training document specified in Section 909.

(3) A stamped envelope, addressed to the school from which the applicant completed training.

(d) The preapplication form shall include an anticipated date that the student shall complete his/her course of study, and a statement, signed by the student and the school and certified to under penalty of perjury, that the student has completed the curriculum requirements and number of clock hours required to submit a preapplication.

(e) Within 15 calendar days of receipt of the preapplication the board shall notify the applicant in writing, at the school from which the applicant completed training, that the preapplication is either complete or is deficient and what information or documentation is required to complete the application.

(1) If the application is complete, the notification (that portion of form 03A-257 filled out by the board) shall also contain the applicant's scheduled examination date.

(2) If a preapplication is deficient, the applicant shall not be scheduled for examination until after the proof of training document is submitted to the board.

(f) The proof of training document and the portion of form 03A-257 filled out by the board must be mailed to the board, postmarked within three working days after the applicant's anticipated date of course completion. If this requirement is not met, the applicant will not be permitted to be examined on the scheduled date and will be rescheduled for examination.

(g) Within five working days of receipt of the proof of training document the board shall notify the applicant in writing that it is either complete or is deficient and what information or documentation is required to complete the document.

(1) If the proof of training document is complete, the board will mail an examination admission card to the applicant.

(2) If the proof of training document is deficient, the applicant will not be permitted to be examined on the scheduled date and will be rescheduled for examination at the time of receipt of a complete proof of training document.

NOTE: Authority cited: Section 7312, 7337.5, Business and Professions Code. Reference: 7337.5, Business and Professions Code.

931. Interpreter and Interpreter/Model

(a) An applicant for the barber, cosmetologist, esthetician, manicurist, or electrologist examination may use an Interpreter or an Interpreter/Model during examination if the applicant is unable to speak, read, or write in the English language at a 10th grade level.

(b) The applicant shall file with the application for examination, or not later than thirty (30) days prior to the date of the examination, a notice of permission to use an Interpreter or Interpreter/Model on a form prescribed by the board (Form #03B-125, Form G, Request for Use of an Interpreter or Interpreter/Model, Rev 8/94) and executed by the applicant under penalty of perjury.

(c) The person designated by the applicant to act as an Interpreter or an Interpreter/Model shall file with the board, not later than fifteen (15) days prior to the date of the examination and on a form prescribed by the board (Form #03A-126, Form H, Rev 8/94) and executed by the person under oath or penalty of perjury, a request to act as an interpreter or an interpreter/model, along with two 1 1/2 x 1 1/2 inch signed photographs of himself or herself.

(d) The Interpreter or Interpreter/Model shall be a person who is fluent both in English and in the native language of the applicant and must certify to this fact in writing under penalty of perjury.

(e) An Interpreter may interpret only for the written portion of the examination.

(f) An Interpreter/Model may interpret for the written and practical portions of the examination and shall serve as the model for the practical examination.

(g) A person shall be allowed to act as an Interpreter or Interpreter/Model only once in two (2) years in any examination.

(h) An Interpreter shall not be used in the barber or cosmetology instructor examinations.

(i) Disabled persons are entitled to access to examination activities in a manner that is equal to that offered non-disabled persons and reasonable accommodation will be provided all such persons with medically-certified documentation.

(j) The following persons are prohibited from acting as Interpreter or Interpreter/Models:

(1) Persons less than 15 years of age.

(2) Persons who are current or former students in barbering or any of the branches of cosmetology.

(3) Persons who are currently or have been formerly licensed as an operator or an instructor by this state or any other state in barbering or any of the branches of cosmetology.

(4) Persons who are currently or have been formerly licensed as an operator or an instructor by this state or any other state in barbering or any of the branches of cosmetology.

(5) Persons who are currently or have been formerly enrolled in a cosmetologist apprentice training program.

(6) Persons who have been formerly Junior Operators or Junior Electrologists.

(7) Persons who are currently or have been formerly owners or employees of any school of barbering, cosmetology or electrology.

(k) For a period of one (1) year from the date that any person served as an Interpreter or Interpreter/Model, that person shall be ineligible to apply to the Board of Barbering and Cosmetology for a license in barbering or any of the branches of cosmetology from which he or she provided Interpreter or Model services.

(l) If the board determines that any of the information furnished pursuant to this section is false in a material respect, it may void the applicant's examination, if any.

(m) Persons who are only reading the examination to the applicant, but not interpreting to another language, will not be permitted.

(n) If the board determines that an Interpreter or Interpreter/Model is providing answers during the examination or any other material assistance to the applicant other than translating during the conduct of the examination, it shall disqualify the Interpreter or Interpreter/Model and void the applicant's examination.

NOTE: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7338 and 7340, Business and Professions Code.

932. Passing Grades in Examinations

(a) Examinations shall consist of a practical demonstration and a written test.

(b) An applicant must obtain a passing score on both the practical demonstration and the written test. The board will determine the passing scores using a criterion-referenced method and based on the recommendation of subject matter experts under the direction of the Board and the Board's examination contractor.

NOTE: Authority cited: Sections 7312, 7338 and 7340, Business and Professions Code. Reference: Sections 7338 and 7340, Business and Professions Code.

934. Examination Appeal

(a) An applicant who has received a fail score on the written or practical examination shall be eligible to appeal to the board for a review of his or her examination results.

(b) The appeal shall be filed with the board within fifteen (15) days after the date of notification of his or her examination results. The appeal shall be made in writing, and it shall state the reason for appeal. The board shall only consider appeals regarding significant procedural error in or adverse environmental conditions during the test administration.

(c) The review of the appeal shall be conducted by one or more board members, or the board's designee, to determine if there is clear and convincing evidence to sustain the applicant's appeal. Such findings shall be subject to the approval of the board.

(d) Within thirty (30) days after the board has approved the determination on appeal, the applicant shall be notified in writing of the results of his or her appeal. In acting on appeals, the board may take such action as it deems appropriate, including the issuance of a license where the board has determined that the applicant has demonstrated the required competence.

NOTE: Authority cited: Sections 7312 and 7340, Business and Professions Code. Reference: Sections 7340 and 7341, Business and Professions Code.

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