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Statutes Text

Article - Business Occupations and Professions




§5–202.

    (a)    (1)    The Board consists of seven members.

        (2)    Of the seven members of the Board:

            (i)    four shall be licensed cosmetologists;

            (ii)    one shall be affiliated with a private cosmetology school as an educator or owner; and

            (iii)    two shall be consumer members.

        (3)    The Governor shall appoint the members with the advice of the Secretary.

    (b)    Each cosmetologist member of the Board:

        (1)    shall have practiced cosmetology actively for at least 5 years before appointment;

        (2)    shall be a citizen of the State;

        (3)    may not be affiliated directly or indirectly with any cosmetology school;

        (4)    may not be affiliated with any person who manufactures or sells any article, supply, or merchandise that is commonly used in a beauty salon; and

        (5)    may not be a graduate of the same school of cosmetology as any other member of the Board.

    (c)    Each consumer member of the Board:

        (1)    shall be a member of the general public;

        (2)    may not be a licensee or otherwise be subject to regulation by the Board;

        (3)    may not be required to meet the qualifications for the professional members of the Board; and

        (4)    may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

    (d)    While a member of the Board, a consumer member may not:

        (1)    have a financial interest in or receive compensation from a person regulated by the Board; or

        (2)    grade any examination given by or for the Board.

    (e)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

    (f)    (1)    The term of a member is 3 years and begins on July 1.

        (2)    The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.

        (3)    A member may not serve more than 2 consecutive terms.

        (4)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.

        (5)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

    (g)    (1)    The Governor may remove a member for incompetence or misconduct.

        (2)    Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

        (3)    The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

        (4)    In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.



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