# Title 43 — Occupations and Professions

## Chapter 43-04 — Barbers

### § 43-04-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Board" means the board of barber examiners.
2. "Licensed barber" means a licensee who has:
a. Met the requirements defined in sections 43-04-31 and 43-04-32; and
b. Passed the examination required in section 43-04-33.
3. "Mobile barbershop" means a barbershop operated in a mobile vehicle, trailer, or
mobile structure for the exclusive use of practicing barbering services performed by a
licensed barber.
4. "Practice of barbering" includes any one or any combination of the following practices
when done upon the upper part of the human body for cosmetic purposes and not for
the treatment of diseases or physical or mental ailments, and when done for payment
either directly or indirectly:
a. Shaving or trimming the beard or cutting the hair.
b. Giving facial or scalp massages or treatments with oils, creams, lotions, or other
preparations either by hand or mechanical appliances.
c. Singeing, shampooing, or dyeing the hair or applying hair tonics.
d. Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to
scalp, face, neck, or upper part of the body.
5. "Restricted barber" means a licensee, limited in practice to specific areas in which
competence has been demonstrated, and allowed to work in a licensed host shop.
6. "Retired barber" means a licensee who meets the requirements of section 43-04-31.4.
7. "Temporary barber" means an eligible licensee who is permitted to practice under the
supervision of a licensed barber until results are available from the next scheduled
examination.
### § 43-04-02. Declaration of policy.

It is hereby declared that the practice of barbering, by reason of the personal contacts
exercised therein, is a business affecting the public health, public welfare, and public safety, that
immediate public supervision and control of said occupation in the exercise of the police power
of this state and in accordance with the proper standards of said profession, are necessary to
the protection and preservation of the public health, public safety, and public welfare, and that
this chapter is enacted in the exercise of the police power of this state to protect the public
welfare, public health, and public safety.
### § 43-04-03. Exemptions.

1. The following individuals, when engaged in the proper discharge of their occupational
duties, are exempt from the provisions of this chapter:
a. Individuals authorized by the laws of this state to practice medicine and surgery.
b. Commissioned medical or surgical officers of the United States army, navy, air
force, or marine hospital service.
c. Registered nurses.
d. Licensed cosmetologists.
2. An individual exempt under subdivision a, b, or c of subsection 1 may not shave nor
trim the beard nor cut the hair of any individual for cosmetic purposes.
3. An individual exempt under this section may not advertise, hold out to the public, or
represent in any manner that the individual is a barber, or violate the barber pole
limitation under section 43-04-49.
### § 43-04-04. Board of barber examiners - Appointment - Term of office - Qualifications.

1. The board of barber examiners must consist of at least three members appointed by
the governor for a term of three years.

2. Members are subject to the following requirements:
a. The terms of office of the members must be so arranged that one term expires on
the thirty-first day of December of each year;
b. Each appointment must be made from a list of five names submitted to the
governor by the state barber association; and
c. Each member must be a registered barber who has followed the occupation of
barber in this state for at least five years before that member's appointment.
3. Two additional members, who shall serve as nonvoting ex officio members and are not
required to be licensed barbers, may be appointed by the board for tasks including:
a. New and annual shop inspections; and
b. Office duties.
### § 43-04-05. Oath of office - How vacancies filled - Removal.

Each member of the board shall qualify by taking the oath required for civil officers. A
vacancy on the board must be filled by appointment by the governor for the unexpired term.
Such appointment must be made from the list of five names submitted to the governor by the
state barber association from which the original appointment was made. A member of the board
may be removed by the governor for cause.
### § 43-04-06. Officers of board - Power to administer oath - Bond.

The members of the board shall elect from those members appointed by the governor under
section 43-04-04 a president, vice president, and secretary-treasurer. The secretary-treasurer of
the board must be bonded for the faithful discharge of duties in the penal sum of five thousand
dollars. The secretary-treasurer and the president of the board may administer oaths.
### § 43-04-07. Compensation - Expenses - How paid.

Each member of the board is entitled to receive daily compensation for actual services in an
amount not to exceed one hundred dollars and must be paid for actual expenses, as provided
by law, incurred in attending meetings of the board and in performing official duties. All funds
collected or received by the board must be deposited and disbursed in accordance with section
54-44-12.
### § 43-04-08. Expenses - How paid.

Repealed by S.L. 1971, ch. 510, § 15.
### § 43-04-09. Headquarters of board - Board to adopt seal - Quorum.

The board shall have its headquarters at such suitable place as may be designated by it. It
shall adopt and use a common seal for the authentication of its orders and records. The majority
of the members of the board in a meeting duly assembled may perform and exercise all the
duties and powers imposed upon the board.
### § 43-04-10. Board to employ necessary inspectors and assistants.

The board may employ such inspectors, clerks, and other assistants as it may deem
necessary to carry out the provisions of this chapter.
### § 43-04-11. Rules and orders.

The board may adopt and enforce all rules and orders necessary to carry out the provisions
of this chapter:
1. It may prescribe sanitary regulations for barbershops and barber schools. Such
regulations shall be subject to the approval of the department of health and human
services. A copy of the rules and regulations adopted by the board and approved by
the department of health and human services shall be furnished by the board to the
owner or manager of every barbershop and barber school and shall be posted by such
owner or manager in a conspicuous place in such barbershop or barber school.

2. Every other rule or order of the board shall be posted for public inspection in the main
office of the board and a certified copy shall be filed in the office of the secretary of the
board and published in the press publications representing the barber industry. An
order applying only to a person or persons named therein shall be served on the
person or persons affected. An order herein required shall be served by personal
delivery of a certified copy or by mailing a certified copy in a sealed envelope with
postage prepaid to each person affected thereby, or in the case of a corporation or
limited liability company, to an officer, manager, or agent of the corporation or limited
liability company upon whom a summons may be served in accordance with the
provisions of law. The posting in the main office of the board of any rule or order not
required by this chapter to be served, and such filing in the office of the secretary of
the board and publishing in representative publications, shall constitute due and
sufficient notice to all persons affected by such rule or order. A rule of the board when
duly published, posted, and filed as provided in this section, shall have binding force
and effect.
### § 43-04-12. General powers of board.

The board is an instrumentality of the state and shall act for the purpose of administering
the provisions of this chapter and has such specific powers as are necessary to administer and
enforce the same. The board has the following additional powers:
1. To supervise and regulate barbering practice in the state of North Dakota in the
manner and for the purposes provided herein.
2. To investigate as conditions permit and regulate as conditions require all matters
pertaining to the proper supervision and control of all barbershops and the work of all
barbers within this state, in conformity with the intents and purposes of this chapter.
3. To act as mediator and arbitrator in any controversy or issue that may arise among or
between barbers as between themselves, or that may arise between them as groups,
in harmony with and supplementary to any lawfully constituted medium of arbitration
now existing or hereafter created, having jurisdiction of such matters.
4. To issue subpoenas and to administer oaths as provided in section 43-04-13 whenever
necessary to carry out the purposes and intents of this chapter, and to issue
commissions to take depositions of witnesses absent from this state whenever
necessary for such purposes.
5. The board shall sponsor an educational program to carry out the purposes of
protecting the public health and safety by encouraging barbershops that are clean,
healthful, and sanitary with capable, skilled, professional barbers. The board shall use
an amount not to exceed ten dollars from each fee paid for the renewal of a barber's
certificate for the purpose of this educational program.
### § 43-04-13. Investigations.

The practice and procedure of the board with respect to any investigation by the board
authorized by this chapter must be in accordance with rules and regulations to be promulgated
by the board, which must provide for at least twenty days' notice in writing to all persons
affected by orders to be made by the board after such investigation, and an opportunity to be
heard either in person or by counsel and to introduce testimony in their behalf at a public
hearing to be held for that purpose. Notice of any such investigation or hearing must be given to
all persons to be directly affected thereby in the manner and form provided in section 43-04-41.
For the purposes of such investigation or any hearing which the board is authorized or required
to conduct, the board or any members thereof, and its secretary, may conduct such hearing,
administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses
and the production of books, papers, documents, and testimony. In case of failure of any person
to comply with any order of the board or a subpoena issued by the board, or by any of its
members, or its secretary, or on the refusal of a witness to testify to any matter regarding which
the witness may be lawfully interrogated, the district judge of the county in which the person
resides, on application of any member of the board, or its secretary, by order duly entered, may
require the compliance of such person with any such order, and may enforce such compliance

as in the case of disobedience of the requirements of a subpoena issued from such court, or of
a refusal to testify therein. Each officer who serves a subpoena shall receive the same fees as a
sheriff, and each witness who appears in obedience to a subpoena, before the board or a
member, or its secretary, shall receive for attendance the fees and mileage provided for
witnesses in civil cases in the courts of this state, which must be audited and paid in the same
manner as other expenses are audited and paid, upon the presentation of proper vouchers
approved by any two members of the board. No witnesses subpoenaed at the instance of a
party other than the board, or one of its members, or its secretary shall be entitled to
compensation unless the board certifies that this testimony was material to the matter
investigated.
### § 43-04-14. Reports to board.

Each licensee, from time to time, as required by rule or order of the board, shall make and
file a verified report, on forms prescribed by the board, of all matters on account of which a
record is required to be kept, together with such other information or facts as may be pertinent
and material within the scope of the purpose and intent of this chapter. Such report must cover a
period of time specified in the order.
### § 43-04-15. Information obtained by board confidential.

No member of said board, nor any officer, agent, or employee thereof, shall divulge to any
person, firm, corporation, or limited liability company the contents of any document, paper, or
record, examined by the person in the performance of the person's duties hereunder, or any
information obtained by the person in the course of the person's investigation, except as may be
required to carry out the purpose of this chapter.
### § 43-04-16. Order fixing minimum price schedules of barber services.

Repealed by S.L. 1979, ch. 459, § 6.
### § 43-04-17. Amending or modifying price schedules after approval.

Repealed by S.L. 1979, ch. 459, § 6.
### § 43-04-18. Records of board - Register of certificates.

The board shall keep a record of its proceedings relating to the issuance, refusal, renewal,
suspension, and revocation of certificates of registration. This record also must contain the
name, place of business, and place of residence of each registered barber and each registered
apprentice, and the date and number of the person's certificate of registration. This record must
be open to public inspection at all reasonable times.
### § 43-04-19. Biennial report.

The board may submit a biennial report to the governor and the secretary of state in
accordance with section 54-06-04.
### § 43-04-20. Moneys of board held by treasurer - How disbursed.

Moneys collected for the board under the provisions of this chapter must be kept by the
treasurer and disbursed only on warrants signed by the president and the secretary of the
board. At the end of the treasurer's term, the treasurer shall account to the successor to the
office for any moneys remaining in the treasurer's hands.
### § 43-04-21. Barbershop under the supervision of registered barber.

No person may operate a barbershop unless at all times it is under the direct supervision
and management of a registered barber.
### § 43-04-22. Apprentice barber - Certificate of registration required - Powers.

Repealed by S.L. 2017, ch. 285, § 10.

### § 43-04-23. Qualifications for certificate of registration as registered apprentice.

Repealed by S.L. 2017, ch. 285, § 10.
### § 43-04-24. Minimum standard of schools of barbering.

No school of barbering may be approved by the board unless it requires as a prerequisite to
graduation a course of instruction of not less than one thousand five hundred hours to be
completed within a reasonable period of time as determined by the board with not more than
eight hours in any one working day. Such course of instruction must include the following
subjects:
1. Scientific fundamentals of barbering.
2. Hygiene.
3. Bacteriology.
4. Histology of the hair, skin, muscles, and nerves.
5. Structure of the head, face, and neck.
6. Elementary chemistry relating to sterilization and antiseptics.
7. Diseases of the skin, glands, and nails.
8. Massaging and manipulating the muscles of the upper body.
9. Hair cutting.
10. Shaving.
11. Arranging, dressing, coloring, bleaching, perming, and tinting the hair.
### § 43-04-25. Application for admission to barber school.

No school or college of barbering may enroll or admit any student thereto unless such
student shall make and file, in duplicate, a duly verified application, which must be in such form
and which must contain such matters as the state board of barber examiners may prescribe and
which must be obtained by such student or the school or college from said board. One copy of
such application must be retained by the school or college enrolling or admitting the student,
and the other copy must be filed by such school or college with said board.
### § 43-04-26. Application for admission to barber school for postgraduate course.

A school or college of barbering may not enroll or admit any student in a postgraduate
course thereof, unless the student files, in duplicate, an application, duly verified, which shows
the applicant:
1. Has graduated from a school or college of barbering approved by the board; or
2. Can prove by sworn affidavits that the applicant has practiced as a barber in another
state of the United States for at least two years immediately prior to making the
application.
One copy of the application must be retained by the college or school so admitting or enrolling
the student and the other must be filed by such school or college with the board. This section
may not be construed as limiting or modifying the provisions of sections 43-04-31 and 43-04-35.
### § 43-04-27. Barber school must have permit.

It shall be unlawful for any person, firm, corporation, or limited liability company to operate a
barber school or barber college without first obtaining a permit from the state board of barber
examiners, fully complying with the provisions of this chapter and paying an annual fee for the
operation thereof.
### § 43-04-28. Apprentice - Permit to practice.

Repealed by S.L. 2017, ch. 285, § 10.
### § 43-04-29. Apprenticeship in other state applied to apprenticeship required for

registration.
Repealed by S.L. 2017, ch. 285, § 10.

### § 43-04-30. Barber - Certificate of registration required - Rules.

1. An individual may not practice barbering within this state unless the individual is
licensed and registered as:
a. A barber;
b. A restricted barber;
c. A retired barber; or
d. A temporary barber.
2. The board shall adopt rules regulating licensing, including procedures, requirements,
and fees.
### § 43-04-30.1. Continuing education requirements.

1. The board may adopt rules establishing requirements for the continuing education of
individuals licensed under this chapter. The rules must provide:
a. Individuals holding a barber license or a barber instructor license shall complete a
minimum of six hours of continuing education every two years;
b. Education requirements must be met before the August first deadline; and
c. Accreditation hours may be completed through a variety of continuing education
forums, including seminars, workshops, annual conventions, and video courses.
2. The board may suspend, revoke, place on probationary status, impose a fine on, or
refuse to renew any license issued under this chapter if the licensee fails to meet the
continuing education requirements established by the board.
3. An applicant for accreditation of continuing education courses, classes, or activities
may be charged a reasonable fee determined by the board.
### § 43-04-31. Qualifications for certificate of registration as registered barber.

A person is qualified to receive a certificate of registration to practice barbering if the
person:
1. Is at least eighteen years of age;
2. Is of good moral character and temperate habits; and
3. Has passed a satisfactory examination conducted by the board to determine that
person's fitness to practice barbering.
### § 43-04-31.1. Conviction not bar to certification or permit - Exceptions.

Conviction of an offense does not disqualify a person from certification or a permit under
this chapter unless the board determines that the offense has a direct bearing upon a person's
ability to serve the public as a barber, or determines, following conviction of any offense, that the
person is not sufficiently rehabilitated under section 12.1-33-02.1.
### § 43-04-31.2. Restricted barber license - Requirements.

1. An individual may apply for a restricted barber license if the applicant:
a. Has not been disciplined relating to the practice of barbering in the previous five
years;
b. Passes a written examination of the laws and rules governing practice in the
state, as established by the board; and
c. Has a background in barbering as demonstrated by:
(1) Successfully completing a restricted barber course, as established by the
board, at a licensed barbering school or a barbering program within the
public school system; or
(2) Holding, within the previous five years, an active and valid license to
practice barbering in another state or country.
2. A licensed restricted barber shall work in a licensed host shop and may not own or
operate a shop.
3. An individual may practice barbering while awaiting results of the examination under
this section, if the individual is under the supervision of a licensed barber in a licensed
barbershop, subject to the following:

a. An individual who fails the examination on the individual's first attempt may
continue practicing under the supervision of a licensed barber in a licensed
barbershop, provided the individual applies for the next examination;
b. The individual may continue to practice under the licensed barber until the
individual receives the results of the second examination; and
c. An individual may not continue to practice under this subsection if the individual
fails to pass the examination on the second attempt.
### § 43-04-31.3. Temporary barber license - Requirements.

1. An individual who has met the requirements in subsection 2 of section 43-04-32 may
apply for and be issued a temporary barber license, upon payment of the required fee.
2. A license under this section:
a. Is valid for a maximum of three months;
b. Must begin from the verified date of graduation or completion of training; and
c. May be exercised only under the supervision of a licensed barber until results are
available from the next scheduled examination.
3. If the temporary license holder fails the examination, the temporary license holder may
apply for an extension of the individual's license under this chapter, pay the fee, and
register for the next scheduled examination.
### § 43-04-31.4. Retired barber license - Requirements.

1. An individual may apply for a retired barber license and practice in a limited capacity if
the applicant is:
a. At least sixty-five years of age or has been practicing a minimum of twenty years
as a licensed barber; and
b. Works no more than five days per month.
2. Upon an applicant meeting the qualifications under this section and paying the initial
licensing fee, the board shall issue a retired barber license.
### § 43-04-32. Licensed barber - Application for examination.

1. Any person who desires to be licensed as a barber shall apply to the board.
2. An applicant is eligible to take the licensing examination under section 43-04-33 if the
applicant pays the required application fee and:
a. Has held an active and valid license to practice barbering in another state for at
least one year; or
b. Has received a minimum of one thousand one hundred hours of training in
sanitation, safety, laws, and rules, including the completion of hours at a licensed
barbering school or a barbering program in a public school system, and other
procedures as established by the board.
3. The board shall issue a license to an applicant who meets the qualifications under
section 43-04-31, passes the licensing examination under section 43-04-33, and pays
the initial licensing fee.
4. An applicant who fails to pass the examination under section 43-04-33 may take
subsequent examinations as necessary, subject to the following:
a. The board may specify reasonable time frames for rescheduling the examination;
b. The board may require additional training for applicants who fail to pass the
examination after the applicant's third attempt; and
c. The applicant shall file any additional forms and pay re-examination fees as
determined by the board.
5. The board shall maintain a record relating to the issuance, refusal, and renewal of
licenses. The record must contain the name, place of business, and residence of each
licensed barber and the date and number of the barber's license.
6. The board shall adopt rules specifying procedures for licensure by endorsement of
barbers desiring to be licensed in this state who hold a current active license in

another state or country and have met qualifications substantially similar to the
qualifications required for licensed barbers in this state.
### § 43-04-33. Examinations - Barber.

The board, not less than four times each year, at such times and places as it may
determine, shall conduct examinations of applicants for certificates of registration to practice as
registered barbers. Each examination must include both a practical demonstration and a written
and oral test, and must embrace the subjects usually taught in schools of barbering approved by
the board.
### § 43-04-34. Failure to pass examination for apprentice barber - When applicant may be

re-examined.
Repealed by S.L. 2017, ch. 285, § 10.
### § 43-04-35. Failure to pass examination for registered barber - When applicant may be

re-examined.
An applicant for a certificate of registration to practice as a registered barber who fails to
pass a satisfactory examination conducted by the board must wait an additional three months
before that person again is entitled to take the examination for registration as a barber.
### § 43-04-36. Barber - Certificate of registration - When issued.

The board shall issue to an applicant a certificate of registration as a registered barber
whenever the applicant has complied with the provisions of section 43-04-31.
### § 43-04-37. Display of certificate of registered barber.

Every holder of a certificate of registration as a registered barber or registered apprentice
shall display it in a conspicuous place adjacent to or near that person's work chair.
### § 43-04-38. Persons having practiced barbering in another state - Permit to practice as

journeyman barber.
Repealed by S.L. 1987, ch. 511, § 3.
### § 43-04-38.1. Persons having practiced barbering in another state - Qualifications for

certificate of registration as registered barber.
The board may waive the requirement of a satisfactory examination and issue to an
applicant a certificate of registration to practice barbering, if the applicant:
1. Is at least eighteen and one-half years of age.
2. Has completed high school or received a high school equivalency degree.
3. Has been graduated from a school of barbering approved by the board which requires
as a requisite to graduation the completion of not less than one thousand five hundred
fifty hours of instruction. If the applicant has not completed the requisite number of
hours of instruction, each year of the applicant's subsequent barbering experience
constitutes the equivalent of two hundred hours of instruction which may be applied
toward fulfilling the requisite number of hours.
4. Has a valid license or certificate of registration as a practicing barber from another
state that has substantially the same requirements for licensing or registering barbers
as required by this chapter.
5. Delivers to the board a certificate from the examining board of another state certifying
that the applicant is a licensed or registered barber in good standing and has practiced
full time as a barber in that state for a period of at least three years.
6. Has paid the required fee.
### § 43-04-39. Renewal and restoration of certificates of barber.

Every registered barber who continues in active practice or service, annually, on or before
July first, shall renew that person's certificate of registration and pay the required fee. Every

certificate of registration which has not been renewed during the month of July in any year
expires the first day of August in that year. A registered barber whose certificate of registration
has expired may have that person's certificate restored immediately upon payment of the
required restoration fee. Any registered barber who retires from the practice of barbering for not
more than five years may renew that person's certificate upon payment of the required
restoration fee.
### § 43-04-40. Refusal and revocation of certificate.

The board either may refuse to issue or renew a certificate of registration to practice
barbering or may suspend or revoke the same for any one, or a combination, of the following
causes:
1. Conviction of an offense, shown by a certified copy of the record of conviction,
determined by the board to have a direct bearing upon a person's ability to serve the
public as a barber, or the board determines, following conviction of any offense, that
the person is not sufficiently rehabilitated under section 12.1-33-02.1.
2. Gross malpractice or gross incompetency.
3. Continued practice by a person knowingly having an infectious or contagious disease.
4. Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other
habit-forming drug.
5. Advertising by means of knowingly false or deceptive statements.
6. Immoral and unprofessional conduct.
7. When satisfied that any such person has violated any provision of this chapter.
8. Repeated violations of the rules of the board governing the sanitary regulation of
barbershops and barber schools.
### § 43-04-41. Revocation of, suspension of, or refusal to issue certificate - Hearing.

The board may not refuse to issue, refuse to renew, suspend, or revoke any certificate of
registration to practice barbering for any of the causes set forth in section 43-04-40 unless the
person accused has been given a public hearing by the board. A hearing under this section
must be conducted pursuant to chapter 28-32. For purposes of the hearing, section 28-32-21
applies only to the licensee. The person must be notified in writing of the charges against the
person and of the time set for the hearing, which must be not less than twenty days after serving
the notice. Upon the hearing of any such proceedings, the board may administer oaths and may
procure by its subpoena the attendance of witnesses and the production of relevant books and
papers. Any court in this state, upon application of the accused or the board, by order duly
entered, may require the attendance of witnesses and the production of relevant books and
papers at such hearing.
### § 43-04-42. Fees.

1. The board may charge applicants the following fees:
a. For examination and issuance of a certificate to practice master barbering, one
hundred dollars.
b. For renewal of a master barber's certificate, one hundred dollars.
c. For restoration of an expired master barber's certificate, a twenty dollar penalty
fee in addition to the regular renewal fee.
d. For a permit to operate a barber school or college, an annual fee of one hundred
twenty-five dollars.
e. For issuance of an annual barbershop license, fifty dollars, to be paid by each
shop owner in advance.
f. For issuance of a certificate to an applicant who qualifies under section
43-04-38.1, one hundred seventy-five dollars.
g. For restoration of an expired barbershop license, a twenty dollar penalty fee in
addition to the annual license fee.
h. For renewal of an instructor's license, two hundred fifty dollars.

2. Each application to open or establish a barbershop in this state must be accompanied
by a fee of one hundred dollars to cover expenses of inspection, which must be
retained by the board and deposited as other fees.
3. A duplicate license, certificate, or permit must be issued upon:
a. Filing a statement verified by the oath of the applicant which explains the loss;
b. Submitting a signed photograph of the applicant; and
c. Paying a fee of ten dollars for the issuance of the duplicate.
4. Anyone who becomes a member of the armed forces of the United States in time of
war, while holding a license as a barber or apprentice, and while in good standing as
to payment of fees, may obtain a certificate restoration without payment of the
restoration fee.
5. Each application to open or establish a mobile barbershop must be accompanied by a
fee of one hundred fifty dollars for initial registration. Renewal of a mobile barbershop
certificate must be accompanied by a fee of one hundred dollars.
### § 43-04-43. Barbershop - Regulations.

No person may use for the purpose of practicing barbering any room or place which also is
used for:
1. Residential purposes; or
2. Any business purpose other than the sale of hair tonics, lotions, creams, cutlery, toilet
articles, cigars, tobacco, candies in original package, and such other commodities as
are used and sold in barbershops,
unless a substantial partition of ceiling height separates the portion used for residential or
business purposes from the room used for barbering. A barbershop may be operated in
conjunction with a beauty shop, shoe shining parlor, or agency for the reception and delivery of
laundry without the separation thereof by a partition of ceiling height.
### § 43-04-43.1. Mobile barbershop - Regulations - Requirements.

1. An individual may operate a mobile barbershop if:
a. The individual is a licensed barber under section 43-04-32; and
b. The mobile barbershop is registered with the board.
2. The board shall adopt rules regulating mobile barbershops. The rules adopted by the
board must regulate water, wastewater, power, safety, sanitation, equipment, services,
location, reports, and any other requirements deemed necessary. The board may
prescribe reasonable penalties, fines, and fees necessary to enforce the regulation of
mobile barbershops.
3. To register a mobile barbershop with the board, the owner shall:
a. Pay the required registration fee;
b. Comply with all applicable laws, rules, and ordinances; and
c. Maintain a suitable motor vehicle or trailer that is:
(1) Self-contained, self-supporting, and enclosed; and
(2) At least sixteen feet [4.88 meters] in length.
4. Each motor vehicle or trailer used as a mobile barbershop must be registered with the
board.
5. An individual who holds a mobile barbershop registration shall:
a. Maintain a permanent address for receiving correspondence with the board;
b. Display the name and registration number of the mobile barbershop on a
conspicuous exterior surface;
c. Supply the board with the make, model, vehicle identification number, and license
plate number of the vehicle, trailer, or mobile structure used as a mobile
barbershop; and
d. Comply with all rules adopted by the board.

### § 43-04-44. Inspection of barbershops and barber schools.

Any member of the board or any of its inspectors, agents, or assistants may enter and
inspect any barbershop, mobile barbershop, or barber school at any time during business hours.
### § 43-04-45. Penalty.

1. An individual is guilty of a class B misdemeanor if the individual:
a. Violates any provision of section 43-04-21, 43-04-30, 43-04-43, or 43-04-43.1;
b. Permits any individual in that individual's employ, supervision, or control to
practice as a barber unless the employed, supervised, or controlled individual has
a certificate of registration as a registered barber;
c. Obtains or attempts to obtain a certificate of registration by the payment of money
other than the required fee, or any other thing of value, or by fraudulent
misrepresentations;
d. Practices or attempts to practice by fraudulent misrepresentations; or
e. Willfully fails to display a certificate of registration as required by this chapter.
2. An individual who violates this chapter, or any rule, subpoena, or order of the board
lawfully made under this chapter is guilty of a class B misdemeanor.
### § 43-04-46. Board may institute actions.

The board may institute such actions in the courts of competent jurisdiction as may appear
necessary to enforce compliance with any provision of this chapter, or to enforce compliance
with any rule, subpoena, or order of the board made pursuant to the provisions of this chapter,
and, in addition to any other remedy, may apply to any district court of competent jurisdiction for
relief by injunction.
### § 43-04-47. Perjury - Penalty.

Repealed by S.L. 1975, ch. 106, § 673.
### § 43-04-48. Appeals.

Any applicant or licensee aggrieved by any action of the board taken under any of the
provisions of this chapter, within thirty days after receipt of a copy of the order of the board, may
file a petition in the district court, which has jurisdiction to affirm, reverse, vacate, or modify the
order complained of. The board of barber examiners of North Dakota must be the defendant,
and such petition must set forth the errors complained of. Unless they are waived, citations and
other judicial process must be served upon the president of the board, or in the event of the
president's absence, upon any member of the board, or by leaving a copy at the office of the
board or the office of the secretary-treasurer. Upon such service or waiver, the board, with its
answer, shall file a transcript of the records of the board, and the original papers or transcripts
thereof, and a certified transcript of all evidence adduced upon the hearing before the board in
the proceedings complained of, which must be filed in the court. No proceedings to vacate,
reverse, or modify a final order rendered by the board may operate to stay the execution or
effect thereof unless the district court, or a judge thereof in vacation, on application and three
days' notice to the board, shall allow such stay, in which event the petitioner must be required to
execute the petitioner's bond in such a sum as the court may prescribe, with sufficient surety to
the satisfaction of the court, conditioned for the prompt payment of all damages arising from or
caused by the delay in the effectiveness or enforcement of the order complained of.
### § 43-04-49. Deceptive acts - Barber poles.

A person may not advertise, hold out to the public, or represent in any manner that the
person is authorized to practice barbering unless the person is authorized under this chapter to
practice barbering or authorized to employ or lease space to a barber. A person not authorized
to practice barbering or not authorized to employ or lease space to a barber may not place a
barber pole in a location that would create or tend to create the impression to members of the
general public that a business located near the barber pole is a barbershop unless the location
of the barber pole is related to a business authorized to operate a barbershop. As used in this

section, barber pole means a red, white, or blue striped vertical cylinder with a ball located on
the top, bottom, or top and bottom of the cylinder, or any object or facsimile of similar nature,
regardless of the actual shape or coloring, if the object or facsimile would tend to create an
impression to members of the general public that a business located near the object is a
barbershop.
