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tended on behalf of such person, until three months after the termination of said military service.

b. In the case of persons who are called to active military service and will be discharged from active military service, the period of two years specified in paragraph d of subdivision two of this section need not be continuous. The length of time such person was engaged in the practice of nail specialty, natural hair styling, esthetics or cosmetology before entering active military service may be added to any period of time during which such person was or is engaged in the practice of nail specialty, natural hair styling, esthetics or cosmetology after the termination of active military service.

§ 407. Examinations. 1. The examinations for the license to practice natural hair styling, esthetics, nail specialty and cosmetology shall be practical and written. The secretary shall determine reasonable standards of performance for each license and shall evaluate the prospective applicants and applicants on the basis of such standards. The objectives of the examinations shall be to insure that prospective applicants and applicants have sufficient basic skills to safeguard the health and safety of the public and to insure that prospective applicants and applicants have attained adequate levels of skill to competently engage in the activities authorized by the license.

2. The secretary shall prepare examination questions for persons to qualify for licensure under this article. All such examinations shall be the same for all persons for the license sought at any given examination. Such test shall not be limited to any specific method or system. 3. Examinations shall be in the English language and, at the discretion of the secretary, may be translated or transposed into any other language if requested by the prospective applicant and upon satisfactory proof of the need therefor provided that a request for such a translated examination is made of the secretary at the time the application for license is filed. In the case of physically disabled persons, provision for the alternative administration of the examination may be made, provided a request for such procedure is made of the secretary a reasonable time in advance of the examination. Examinations shall be held at least quarterly and shall be given in at least four convenient places in the state.

§ 408. Licenses; display; renewal; duplicates. 1. All licenses shall expire two years from the date of issuance.

2. No license shall be assignable or transferrable except pursuant to the provisions of this article.

3. An appearance enhancement business license may be assigned. When the appearance enhancement business licensee is a partnership or a corporation, the license may be assigned upon the consent of all members of a partnership or the majority shareholders of a corporation, respectively. The application for such transfer or assignment must be accompanied by proof satisfactory to the department that the requirements herein provided have been complied with. No assignment or transfer shall become effective unless and until the endorsement has been made on the face of the license by the department and such license, as endorsed, has been returned to the assignee or transferee. All such requests for endorsements shall be accompanied by a five dollar fee. A bona fide purchaser of a licensed appearance enhancement business may continue to use the license of the seller for a period of thirty days from the date of the sale, provided there is endorsed on the face thereof the name of the purchaser, the date of the sale, and the signatures of the seller and the purchaser; and provided further within five working days from the date of the sale an application, in accordance with the provisions of this article, shall be presented by the purchaser to the secretary for an appearance enhancement business license.

4.

An appearance enhancement business license issued to an individual or to a partnership may be used after the death of the licensed individual or co-partner by the next of kin or duly appointed administrator or executor in the name of the estate for a period of not more than one hundred twenty days from the date of death of such individual or copartner provided that there is endorsed upon the face of the license certificate after the name of the decedent the word "deceased", the date of death and the name of the next of kin, administrator or executor under whose authority the license is being used; the period of one hundred twenty days aforesaid may be extended upon application to the secretary of state and for good cause shown for an additional period not to exceed one hundred twenty days. Any license so continued which shall expire during such period of one hundred twenty days or the extension thereof

may be renewed by the next of kin, administrator balance of such period or the extension thereof.

or executor for the

5. A license certificate issued pursuant to this article shall be posted in some conspicuous place in the licensed premises or in the place where the practice of an occupation licensed pursuant to this article is conducted. At the entrance to each licensed premises or at the entrance to any place where the practice of an occupation licensed pursuant to this article is conducted, a sign shall be posted which shall include the rules and regulations governing such practice and a manner in which aggrieved persons may register a complaint with the department. The department shall prepare and furnish such sign to each licensee.

6. Any license, which has not been suspended or revoked, may, upon the payment of the renewal fee, be renewed for additional periods of two years from its application, without further examination, upon the filing of an application for such renewal, on a form to be prescribed by the secretary.

7. Any person failing to file for renewal of a license pursuant to the provisions of this article within one year immediately following the expiration of such person's last license shall pay an additional fee of ten dollars, and if such person fails to file application and fee for renewal within five years, such person shall be ineligible for such license until such person shall have again passed an examination.

8. A duplicate license certificate may be issued for one lost, destroyed or mutilated upon the application therefor on a form prescribed by the secretary and the payment of the fee prescribed therefor by this article. Each such duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number as the one it replaces.

9. Notice in writing shall be given the secretary at the office of the secretary in Albany by the holder of an appearance enhancement business license of any change of address. The licensee shall correct the address on the license upon the filing of such notice.

10. Any licensee who fails to file any notice of change in the status of a license required by the provisions of this article shall be subject to the monetary fines set forth in section four hundred ten of this article.

§ 409. Fees. 1. The non-refundable fee for an application for a license to engage in the practice of nail specialty, natural hair styling, esthetics or cosmetology, shall be twenty dollars initially and for each renewal thereof the fee shall be twenty dollars; the fee for temporary license and each renewal shall be ten dollars.

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2. The fee for an appearance enhancement business license shall be thirty dollars initially and thirty dollars for each renewal thereof. 3. The secretary shall receive a non-refundable examination fee of fifteen dollars from each person who takes a written examination pursuant to this article. Fees collected for written examinations shall be paid into the licensing examinations services account, pursuant to section ninety-seven-aa of the state finance law.

4. The fee for issuing a duplicate license certificate, in substitution for one lost, destroyed or mutilated shall be ten dollars.

5. The fee for changing a name on an appearance enhancement business license shall be thirty dollars.

6. The fee for changing the address on a license shall be ten dollars. 7. The fees herein set forth shall be those for licenses issued for the license period of two years.

§ 410. Administration. 1. Suspension and revocation of licenses; fines; reprimands. A license issued pursuant to this article may be suspended or revoked, or a fine not exceeding five hundred dollars payable to the department may be imposed for any one or more of the following causes:

a. Fraud or bribery in securing a license or permission to take an examination therefor.

b. The making of any false statement as to a material matter in any application or other statement or certificate required by or pursuant to this article.

c. Incompetence or untrustworthiness.

d. Failure to display the license as provided in this article.

e. Violation of any provision of this article, or of any rule or regulation adopted hereunder.

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

f. Conviction of any of the following crimes subsequent to the issuance of a license pursuant to this article: fraud pursuant to sections

170.10, 170.15, 176.15, 176.20, 176.25, 176.30 and 190.65; falsifying business records pursuant to section 175.10; grand larceny

pursuant to article 155; bribery pursuant to sections 180.03, 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.45, 200.50; perjury pursuant to sections 210.10, 210.15, 210.40; assault pursuant to sections 120.05, 120.10, 120.11, 120.12; robbery pursuant to article 160; homicide pursuant to sections 125.25 and 125.27; manslaughter pursuant to sections 125.15 and 125.20; kidnapping and unlawful imprisonment pursuant to sections 135.10, 135.20 and 135.25; unlawful weapons possession pursuant to sections 265.02, 265.03 and 265.04; criminal use of a weapon pursuant to sections 265.08 and 265.09; criminal sale of a weapon pursuant to sections 265.11 and 265.12; and sex offenses pursuant to article 130 of the penal law. Provided, however, that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such: (i) a conviction for which an executive pardon has been issued pursuant to the executive law; (ii) a conviction which has been vacated and replaced by a youthful offender finding pursuant to article seven hundred twenty of the criminal procedure law, or the applicable provisions of law of any other jurisdiction; or (iii) a conviction the records of which have been expunged or sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; and (iv) a conviction for which other evidence of successful rehabilitation to remove the disability has been issued. Provided, however, a fine shall not be imposed for the causes specified in paragraph f of this subdivision.

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In lieu of or in conjunction with the suspension or revocation of a license, or the imposition of a fine pursuant to this section, the retary may issue a reprimand. When a license issued pursuant to this article is revoked, such license shall not be reinstated or reissued until after the expiration of a period of one year from the date of such revocation. No license shall be issued after a second revocation.

2. Unlicensed activities. a. The secretary may issue an order directing the cessation of any activity for which a license is required by this article upon a determination that a person, including a partner ship or corporation, has engaged in or followed the business or Occupation of, or held himself or itself out as or acted, temporarily or otherwise, as a nail specialist, natural hair stylist esthetician, cosmetologist or appearance enhancement business within this state without a valid license being in effect. The department shall, before making such determination and order, afford such person, partnership or corporation an opportunity to be heard in person or by counsel in reference thereto an adjudicatory proceeding held pursuant to this article.

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b. The attorney general, acting on behalf of the secretary, may commence an action or proceeding in a court of competent jurisdiction obtain a judgment against such person, partnership or corporation in an amount equal to that assessed as a civil penalty. Said judgment shall thereafter be enforceable by any means authorized by the civil practice law and rules.

§ 411. Denial of license; complaints; notice of hearing. 1. Denial of license. The department shall, before making a final determination to deny an application for a license, notify the applicant in writing of the reasons for such proposed denial and shall afford the applicant an opportunity to be heard in person or by counsel prior to denial of the application. Such notification shall be served personally or by certified mail or in any manner authorized by the civil practice law and rules for service of a summons. If a hearing is requested, such hearing shall be held at such time and place as the department shall prescribe. If the applicant fails to make a written request for a hearing within thirty days after receipt of such notification, then the notification of denial shall become the final determination of the department. The department, acting by such officer or person in the department as the secretary may designate, shall have the power to subpoena and bring before the officer or person so designated any person in this state, and administer an oath to and take testimony of any person or cause his deposition to be taken. A subpoena issued under this section shall be regulated by the civil practice law and rules. If, after such hearing,

the application is denied, written notice of such denial shall be served upon the applicant personally or by certified mail or in any manner authorized by the civil practice law and rules for the service of a

summons.

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2. Revocation, suspension, reprimands, fines; unlicensed activities. The department shall, before revoking or suspending any license or posing any fine or reprimand on the holder thereof, or before issuing any order directing the cessation of unlicensed activities, and at least ten days prior to the date set for the hearing, notify in writing the holder of such license, or the person alleged to have engaged in unlicensed activities, of any charges made and shall afford such person an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of same personally to the licensee or person charged, or by mailing same by certified mail to the last known business address of such person, or by any method authorized by the civil practice law and rules for the service of a summons. The hearing on such charges shall be at such time and place as the department shall prescribe.

3. The department, acting by such officer or person in the department as the secretary may designate, shall have the power to subpoena and bring before the officer or person so designated any person in this state, and administer an oath to and take testimony of any person or cause his deposition to be taken. A subpoena issued under this section shall be regulated by the civil practice law and rules.

§ 412. Civil penalties. The practice of nail specialty, natural hair styling, esthetics or cosmetology, or the operation of an appearance enhancement business without a license or while under suspension or revocation, or in violation of an order directing the cessation of unlicensed activity issued by the secretary pursuant to section four hundred eleven of this article, is a violation and is subject to a civil penalty of up to five hundred dollars for the first violation; one thousand dollars for a second such violation; and two thousand five hundred dollars for a third violation and any subsequent violation.

§ 413. Judicial review. The action of the secretary in suspending, revoking or refusing to issue or renew a license, or issuing an order directing the cessation of unlicensed activity or imposing a fine or reprimand may be appealed by a proceeding brought under and pursuant to article seventy-eight of the civil practice law and rules.

§ 414. Official acts used as evidence. The official acts of the secretary and the department shall be prima facie evidence of the facts therein and shall be entitled to be received as evidence on all actions at law and other legal proceedings in any court or before any board, body or officer.

§ 415. Disposition of moneys. With the exception of fees collected for examinations which are to be paid into the licensing examinations services account pursuant to section ninety-seven-aa of the state finance law, all moneys derived from the operation of this article shall before the tenth day of each month be paid into the general fund of the state treasury to the credit of the state purposes account therein.

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§ 416. Application of article. 1. This article shall not apply to or affect the practice of the profession by duly licensed physicians, Osteopaths, dentists, optometrists, nurses or physiotherapists. 2. This article shall not apply to, affect or prevent home administration, without compensation or other consideration, of any practices defined in this article, nor shall the provisions of this article be construed to prevent the application of facial creams and lotions by persons working for the manufacturer of such creams and lotions in it's establishment and under the direction of a licensed esthetician. Also, this article shall not apply to the retail sale, or the trial demonstration by application to the skin for purposes of retail sale, of tonics, antiseptics, powders, oils, clays, lotions, creams, cosmetics, cosmetic preparations or compounds.

§ 417. Separability clause. If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or application thereof to other persons or circumstances and the legislature hereby declares that it would have enacted this article or the remainder thereof had the invalidity of such provision or application thereof been apparent.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

§ 4. Licenses issued pursuant to former article 27 of the general business law in effect immediately prior to the effective date of this act shall remain in force and effect for the full period originally accorded such licenses. Upon renewal, such licenses to practice hairdressing and cosmetology may be renewed, notwithstanding any educational or examination requirements, as cosmetology licenses; such licenses for shops and area rentals may be renewed as appearance enhancement business operator's licenses upon evidence of bond or liability insurance being provided.

§ 5. This act shall take effect September 1, 1993, except that for purposes of licenses outstanding immediately prior to the effective date of this act, section two of this act shall not take effect until the expiration of such licenses and except that for the purposes of an advi̟sory committee established pursuant to this act, effective immediately the secretary shall appoint members to serve on the committee and such committee shall meet no fewer than three times prior to and in sufficient time to allow input into the promulgation of rules and regulations and the development of examinations and curricula and provided however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

REPEAL NOTE. -This act repeals article 27 of the general business law which regulates the practice of hairdressing and cosmetology.

CHAPTER 510

AN ACT to amend chapter 81 of the laws of 1989, amending the business corporation law relating to stockholder rights plans for certain corporations and chapter 228 of the laws of 1989, amending the business corporation law and the banking law relating to duties of directors and transferable rights to purchase shares, in relation to amending their effective dates to prevent the repeal of section 5005 of the banking law relating to transferable rights to purchase shares and the imposition of restrictions or conditions thereon, on July 1, 1993 and to eliminate the effectiveness of certain sections of such chapters which would have revived prior law; and repealing such sections of such chapters relating thereto

The

Became a law July 24, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Sections 3 and 4 of chapter 81 of the laws of 1989, amending the business corporation law relating to stockholder rights plans for certain corporations, are repealed.

§ 2. Section 5 of chapter 81 of the laws of 1989, amending the business corporation law relating to stockholder rights plans for certain corporations, as amended by chapter 205 of the laws of 1991, is amended to read as follows:

§ 5. This act shall take effect immediately provided that the provisions of sections one and two of this act shall be deemed to have been in full force and effect on and after July 24, 1986[, and provided further that the provisions of sections three and four of this act shall take effect on July 1, 1993].

§ 3. Section 3 of chapter 228 of the laws of 1989, amending the business corporation law and the banking law relating to duties of directors and transferable rights to purchase shares, is repealed.

§ 4. Section 7 of chapter 228 of the laws of 1989, amending the business corporation law and the banking law relating to duties of directors and transferable rights to purchase shares, as amended by chapter 205 of the laws of 1991, is amended to read as follows:

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