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This entry was published on 2022-04-22
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SECTION 435
License without examination; temporary licenses
General Business (GBS) CHAPTER 20, ARTICLE 28
§ 435. License without examination; temporary licenses. 1. Any person
over the age of seventeen years who shall present to the secretary of
state satisfactory evidence that he has been actually engaged in the
practice of barbering in this state for at least one year within the
period of three years immediately prior to July first, nineteen hundred
forty-seven, shall be entitled to a license under this article without
examination, provided that application therefor, accompanied by the
photographs, evidence and the certificate required by paragraphs (a),
(b) and (c), respectively, of subdivision one of section four hundred
thirty-four of this article and the required annual license fee, is
filed with the secretary of state not later than December thirty-first,
nineteen hundred fifty-one. Nothing in this subdivision shall entitle
any person to such license without examination who, since the effective
date of this article, has taken and been unsuccessful in an examination
conducted pursuant thereto.

2. The secretary of state shall issue a temporary license to any
person over the age of seventeen years, who, upon taking effect of this
article, has been actually and continuously engaged in the practice of
barbering in this state for a period of not less than six months, as
substantiated by sworn affidavits or other evidence satisfactory to the
secretary of state and provided application therefor, accompanied by the
photographs, evidence, and the certificate required by paragraphs (a),
(b) and (c), respectively, of subdivision one of section four hundred
thirty-four of this article and one-quarter of the required license fee,
is filed with the secretary of state.

3. A temporary license issued under this section shall expire six
months after the date of issuance and such temporary licensee shall not
be entitled to any further license until he has taken a regularly
scheduled examination and qualified for a regular license under the
provisions of this article. The secretary of state may, however, in his
discretion, for good cause shown, extend the term of such a temporary
license for an additional period not exceeding six months upon the
payment of an additional fee equivalent to one-half of the license fee
prescribed by this article.

4. Any person who has duly applied for a license pursuant to
subdivision one or subdivision two of this section may engage in the
practice of barbering pending the determination of his application.

5. The secretary of state shall upon application and without
examination, issue a license to any person over the age of seventeen
years who has been duly licensed by any other state, territory,
protectorate or dependency of the United States to engage in the
practice of barbering upon compliance with standards and requirements
not lower, in the judgment of the secretary of state, than those of this
state, provided, however, that either such state extends similar
reciprocity to licensees of this state or the applicant is a member of
the household of a member of the armed forces of the United States,
national guard or reserves and was a member of such household before
such member relocated to the state. Such application shall be
accompanied by the photographs, evidence and the certificate required by
paragraphs (a), (b) and (c), respectively, of subdivision one of section
four hundred thirty-four of this article and the required license fee.

6. If any person, eligible for any license, mentioned in this section,
be in the military service at or during the time application for such
license is required to be filed and license fee paid, according to the
provisions of this section, the period within which said application may
be filed and license fee may be paid, is extended in behalf of such
person, until three months after the termination of said military
service, any provision contained in this article to the contrary,
notwithstanding.

* In the case of persons who are or were in the military service and
(a) have been or will be discharged under conditions other than
dishonorable, or (b) have a qualifying condition, as defined in section
three hundred fifty of the executive law, and received a discharge other
than bad conduct or dishonorable from such service, or (c) are
discharged LGBT veterans, as defined in section three hundred fifty of
the executive law, and have received a discharge other than bad conduct
or dishonorable from such service, the period of one year specified in
subdivision one of this section and the period of six months specified
in subdivision two of this section need not be continuous. The length of
time such person was engaged in the practice of barbering before
entering the military service may be added to any period of time during
which such person was or is engaged in the practice of barbering after
the termination of military service.

* NB Effective until April 1, 2023

* In the case of persons who are or were in the military service and
(a) have been or will be discharged under conditions other than
dishonorable, or (b) have a qualifying condition, as defined in section
one of the veterans' services law, and received a discharge other than
bad conduct or dishonorable from such service, or (c) are discharged
LGBT veterans, as defined in section one of the veterans' services law,
and have received a discharge other than bad conduct or dishonorable
from such service, the period of one year specified in subdivision one
of this section and the period of six months specified in subdivision
two of this section need not be continuous. The length of time such
person was engaged in the practice of barbering before entering the
military service may be added to any period of time during which such
person was or is engaged in the practice of barbering after the
termination of military service.

* NB Effective April 1, 2023