1. 1. The board shall have power to:

   1. (1) Prescribe by rule for the examinations of applicants for licensure to practice the classified occupation of cosmetology and issue licenses;
   2. (2) Prescribe by rule for the inspection of cosmetology establishments and schools and appoint the necessary inspectors and examining assistants;
   3. (3) Prescribe by rule for the inspection of establishments and schools of cosmetology by persons licensed in cosmetology as to their sanitary conditions and to appoint the necessary inspectors and, if necessary, examining assistants; and set the amount of the fees which this chapter authorizes and requires, by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level sufficient to produce revenue which shall not substantially exceed the cost and expense of administering this chapter;
   4. (4) Employ and remove board personnel, as defined in subdivision (4) of subsection 15 of section 620.010, RSMo, as may be necessary for the efficient operation of the board, within the limitations of its appropriation;
   5. (5) Elect one of its members president, one vice president and one secretary; and
   6. (6) Determine the sufficiency of the qualifications of applicants.
2. 2. The board shall create no expense exceeding the sum received from time to time from fees imposed pursuant to this chapter.
3. 3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after August 28, 1998. All rulemaking authority delegated prior to August 28, 1998, is of no force and effect and repealed as of August 28, 1998, however nothing in this act* shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to August 28, 1998. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act* shall affect the validity of any rule adopted and promulgated prior to August 28, 1998.

(RSMo 1939 §§ 9820, 9826, A.L. 1945 p. 959, L. 1945 p. 738 § 4, A. 1949 H.B. 2069, A.L. 1981 S.B. 16, A.L. 1987 S.B. 248 & 278, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3 merged with S.B. 292, A.L. 1998 H.B. 1601, et al.)

Prior revision: 1929 §§ 9099, 9105

* "This act" (H.B. 1601, et al., 1998) contains numerous sections. Consult Disposition of Sections table for definitive listing.