Illinois Compiled Statutes
225 ILCS 410/ - Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.
Article IIIB - Cosmetology, Esthetics, Hair Braiding, and Nail Technology Schools

(225 ILCS 410/Art. IIIB heading)

(225 ILCS 410/3B-1) (from Ch. 111, par. 1703B-1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-1. Application. The provisions of this Article are applicable
only to barber, cosmetology, esthetics, hair braiding, and nail technology schools
regulated under this Act.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/3B-2) (from Ch. 111, par. 1703B-2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-2. Investigations by Department upon its own motion or upon
complaint; opportunity for corrections. The Department may upon
its own motion and shall upon the complaint in writing of any
person setting forth facts which if proved would constitute grounds for
refusal or revocation under this Act, investigate the actions of any
applicant or any person or persons holding or claiming
to hold a license.
Any student or employee of a school approved by this Act who believes he
has been aggrieved by a violation of this Act shall have the right to file
a written complaint within one year of the alleged violation. The Department
shall acknowledge receipt of such written complaint, commence an investigation
of the alleged violation, and forward to the Attorney General and any
appropriate State's Attorney's office copies of complaints as required by
Section 3B-3. The Department shall inform the chief operating officer
of the school cited in the complaint of the nature or substance of the complaint and afford the school an opportunity to either resolve the complaint to the satisfaction of the complainant or submit a written response to the Department.
However, before proceeding to a hearing on the question of whether a
license shall be refused or revoked, the Department may issue a letter
granting the school in question 30 days to correct the deficiency or
deficiencies. The letter shall enumerate the deficiencies and state the action
on the part of the school that will remediate the deficiency or
deficiencies. During the time designated to remedy deficiencies the Department
may order the school to cease and desist from all marketing and student
enrollment activities.

(Source: P.A. 99-427, eff. 8-21-15.)

(225 ILCS 410/3B-3) (from Ch. 111, par. 1703B-3)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-3.

(a) The following acts or omissions by an owner, operator
or authorized agent of a school shall
constitute violations of this Act and unlawful practices pursuant to the
"Consumer Fraud and Deceptive Business Practices Act", as now or hereafter amended:
1. False or misleading statements, misrepresentations or false promises
which have the tendency or capacity to influence or induce persons to
enroll in the course of instruction offered by such school.
2. Failure or refusal of the school to make the disclosures in the
enrollment agreement required by this Act; or the making of
false or inaccurate statements in such disclosures.
3. Failure or refusal of the school to refund fees and unearned tuition,
in accordance with the refund policy prescribed by
this Act, to any student who cancels his enrollment agreement.
4. Failure or refusal of the school to employ course instructors
certified by the Department and to provide the equipment,
facilities or services necessary to implement the course of instruction.
(b) Whenever the Attorney General or a state's attorney receives a
complaint against a school which alleges
one or more of the violations enumerated in subsection (a), he may conduct
an investigation to determine the validity of such complaint and, if a
violation or violations are found, may use any or all of the remedies,
penalties or authority granted to him by the "Consumer Fraud and Deceptive
Business Practices Act" to correct such violations and enforce the
provisions of this Act. Within 10 business days of receipt, the
Department shall transmit to the Attorney General and the appropriate
state's attorney copies of complaints filed in its office
which allege one or more of the violations
enumerated in subsection (a).

(Source: P.A. 85-1382.)

(225 ILCS 410/3B-4) (from Ch. 111, par. 1703B-4)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-4.

Except for the violations enumerated below, any owner,
operator or authorized agent of a school
who knowingly violates any provision of this Act shall be guilty of a
business offense.
Any owner, operator or authorized agent of a
school who commits any of the following offenses shall be guilty
of a Class A misdemeanor for the first offense and a Class 4 felony for the
second or subsequent offense:
1. Knowingly, and for the purpose of influencing or inducing a person
to enroll in the course of instruction offered by the school, makes any
false or misleading statements, misrepresentations or
false promises to such person regarding
opportunities upon graduation from the school for (a) employment in a
business, industry or trade, (b)
admission to an institution of higher learning, or (c) admission to an
occupational licensing examination.
2. Knowingly, and with intent to defraud, retains in excess of the school's refund
policy prescribed in this Act any unearned tuition or fees paid by a student who
has cancelled his enrollment
agreement and is entitled to a refund.
3. Knowingly, and with intent to defraud, misrepresents that any student
who has cancelled his
enrollment agreement is presently enrolled in the school, has completed the
course of instruction or has graduated from the school.
4. Knowingly uses or attempts to use students in any commercial or
manufacturing activity related to the operation of the school and to the
school's advantage and profit; except to the extent that the school
provides the student with practical experience supplemental to the course
of instruction or except in the case of students who are employed by the
school and compensated for such employment.

(Source: P.A. 85-1382.)

(225 ILCS 410/3B-5) (from Ch. 111, par. 1703B-5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-5.
Injunction.
Upon application of the Department, the Attorney
General or any State's Attorney, the Circuit Court of each county in which
a violation of this Act or the Rules and Regulations has occurred, shall
have jurisdiction to enjoin any violation thereto.

(Source: P.A. 85-1382.)

(225 ILCS 410/3B-6) (from Ch. 111, par. 1703B-6)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-6.
Private right of action.
Any person who suffers damages
as a result of a violation described or enumerated in this Article
committed by any school or its representative may bring an action against
such school. The court in its discretion may award actual damages, treble
actual damages if fraud is proved, injunctive relief, and any other relief
which the court deems proper.
Such action may be commenced in the county in which the school is
located, has its principal place of business, or in the county where the
transaction or any substantial portion thereof occurred.
In any action brought by a person under this Section, the court may
award, in addition to the relief provided in this Section, reasonable
attorney's fees and costs to the prevailing party.
Either party to an action under this Section may request a trial by jury.

(Source: P.A. 85-1382; 86-1356.)

(225 ILCS 410/3B-10)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-10. Requisites for ownership or operation of school. No person,
firm, or corporation may own, operate, or conduct a school of barbering, cosmetology,
esthetics, hair braiding, or nail technology for the purpose of teaching barbering, cosmetology,
esthetics, hair braiding, or nail technology for compensation unless licensed by the Department. A licensed school is a postsecondary educational institution authorized by the Department to provide a postsecondary education program in compliance with the requirements of this Act. An applicant shall apply to the Department on forms
provided by the Department, pay the required fees, and comply with the
following requirements:

(225 ILCS 410/3B-11)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-11. Periodic review of barber, cosmetology, esthetics, hair braiding, and nail technology
schools. All approved schools
and courses of instruction are subject to review by the Department. The review shall include consideration of
a comparison between the graduation or completion rate for the school and the
graduation or completion rate for the schools within that classification of
schools. Consideration shall be given to complaints and information forwarded
to the Department by the Federal Trade Commission, Better Business Bureaus, the
Illinois Attorney General's Office, a State's Attorney's Office,
other State or official approval agencies, local school officials, and
interested persons. The Department shall investigate all complaints
filed with the Department about a school or its sales representatives.
A school shall retain
the records, as defined by rule, of a student
who withdraws from or drops out of the school, by written notice of
cancellation or otherwise, for any period longer than 7 years from the
student's first day of attendance. However, a school shall retain indefinitely
the transcript of each student who completes the program and
graduates from the school.

(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)

(225 ILCS 410/3B-12)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-12. Enrollment agreements.
(a) Enrollment agreements shall be used by barber, cosmetology, esthetics, hair braiding, and nail
technology schools licensed to operate by the Department and shall include the
following written disclosures:
"Do not sign this contract before you read it or if it contains any blank space. You are entitled to an exact copy of the contract you sign."
(b) If the enrollment is negotiated orally in a language other than English,
then copies
of the above disclosures shall be tendered in the language in which the
contract was negotiated prior to executing the enrollment agreement.
(c) The school shall comply with all applicable requirements of the Retail
Installment Sales Act in its enrollment agreement or student contracts.
(d) No enrollment agreement or student contract shall contain a wage
assignment provision or a confession of judgment clause.
(e) Any provision in an enrollment agreement or student contract that
purports
to waive the student's right to assert against the school, or any assignee, any
claim or defense he or she may have against the school arising under the
contract shall be void.
(f) Two copies of the enrollment agreement shall be signed by the
student. One copy shall be given to the student and the school shall retain
the other copy as part of the student's permanent record.

(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)

(225 ILCS 410/3B-13)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-13. Rules; refunds. Schools regulated under this Section shall
issue refunds based on the following schedule. The refund policy shall provide
that:
(Source: P.A. 99-427, eff. 8-21-15.)

(225 ILCS 410/3B-14)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-14.
Notice of accreditation problems.
A school shall provide the
Department with a copy of any notice of warning or suspension or revocation
received from any accrediting agency within 15 days of receipt of the notice.
The school shall also notify the Department of any loss or withdrawal of
accreditation. The school shall at the same time inform the Department in
writing on actions being taken to correct deficiencies cited.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 410/3B-15)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-15. Grounds for disciplinary action. In addition to any
other cause herein set forth the Department may refuse to issue or renew and
may suspend, place on probation, or revoke any license to operate a school, or
take any other disciplinary or non-disciplinary action that the Department may deem proper, including the
imposition of fines not to exceed $5,000 for each violation, for any
one or any combination of the following causes:
(Source: P.A. 98-911, eff. 1-1-15; 99-143, eff. 7-27-15.)

(225 ILCS 410/3B-16)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-16. Department of Corrections.

The Secretary may waive any requirement of this Act or of the rules enacted by the Department pursuant to this Act pertaining to the operation of a barber, cosmetology, esthetics, hair braiding, or nail technology school owned or operated by the Department of Corrections and located in a correctional facility to educate inmates that is inconsistent with the mission or operations of the Department of Corrections or is detrimental to the safety and security of any correctional facility. Nothing in this Section 3B-16 exempts the Department of Corrections from the necessity of licensure.

(Source: P.A. 98-911, eff. 1-1-15.)

(225 ILCS 410/3B-17)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-17. Sale of school. Any school licensed under this Act that is subsequently sold to another party shall notify the Department in writing of the sale at least 30 days in advance of the effective date of the transfer of ownership. Upon filing of this notice with the Department, the new owner may continue to operate the school under the previously issued license provided that the new owner submits an application for licensure to the Department in accordance with the requirements of this Act within 30 days after the effective date of the transfer of ownership. The new owner may continue to operate the school under the previous license after submitting such application until the Department issues a new license or denies issuance of a license, whichever occurs first. The Department shall provide for administration of this Section by rule.

(Source: P.A. 99-427, eff. 8-21-15.)

(225 ILCS 410/3B-18)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3B-18. Internship. A school may offer an internship program as part of its curriculum subject to the rules of the Department.

(Source: P.A. 99-427, eff. 8-21-15.)