Section 45-37-40.02 - Barber commission(a) There shall be a barber commission for the county consisting of three members, one of whom shall be black, herein at times referred to as the commission. The present members of the commission having been previously appointed by the county commission, shall serve for the duration of their term, but in the event of a vacancy existing at the time of taking effect of this section or occurring in the future, the vacancy shall be filled, and all subsequent members of the commission shall be selected or appointed in the manner provided in this section for terms of three years. The members of the commission shall be nominated by the barbers licensed by the commission and only those licensed shall be eligible to vote for nominees for appointment to the commission. The commission, at all times, shall be composed of three members, all of whom shall be licensed barbers, who have been licensed by the commission for a period of five years prior to their appointment and be actively engaged as barbers at the time of their appointment. The commission, 60 days prior to the expiration of the term of any member of the commission for the county, shall give notice in writing to the licensed barbers that there will be a vacancy on the date of the expiration of the term of the member whose term is about to expire; or if a vacancy be caused by any reason, other than the expiration of the term, the commission, within 30 days after the vacancy occurs, shall give notice to the licensed barbers of the existence of the vacancy. In either event, the licensed barbers shall be requested to nominate two licensed barbers to fill each vacancy. Nominations shall be made by petition signed by not less than 25 licensed barbers, which the petitions may be in substantially the following form: "We, the undersigned licensed barbers do hereby nominate (insert name of person who is required to possess the qualifications herein provided at the time of the nomination for the barber vacancy) as a member of the county barber commission for the term of three years beginning (insert beginning of term) and ending (insert ending of term), unless earlier terminated by death, resignation, or removal."
(b) Each member of the commission shall be over the age of 25 years and licensed by the commission as a barber. All nominations shall be filed with the commission on or before 20 days from the date fixed for mailing ballots for nomination for the members of the members. Upon receipt of the nominations and at the expiration of the time for filing nominations, the judge of probate shall cause to be prepared one or more voting machines containing properly prepared ballots showing all qualified candidates for each commission place to be filled. The judge of probate shall then call an election to be held on the fourth Monday in July and the run off to be held on the third Monday in August. The judge of probate shall select as many voting officials as he or she deems necessary to conduct the elections and shall compensate them in the same manner as officials in public elections are compensated. The officials shall not be barbers or employees of the commission or connected in any way with the business of barbering. The judge of probate shall designate one official to be the returning officer who shall supervise the conduct of the election and certify the results to the commission. A list of qualified voters shall be prepared by the judge of probate and the officials shall identify each voter and check off his or her name after he or she votes. A time shall be set for opening and closing the polls, and the officials shall conduct the voting in the same manner as the voting in public elections, and shall lock the machines and count the results as in such elections. The judge of probate, or his or her designated agent shall examine the returns and make the final decisions as to any challenged vote or on the disqualification of any voter. The voting procedure above set out shall be followed and upon examination of the returns the judge of probate shall announce the name of the person who received the highest number of votes as elected to fill the vacancy on the barbers commission.(c) The Governor may remove a member of the board upon proof of charges for inefficiency, incompetency, immorality, or professional misconduct. Any person elected to the board shall within 10 days after their election take an oath or make affirmation before a properly qualified officer that they will faithfully and impartially perform the duties of their office. This oath or affirmation shall be filed with the judge of probate.(d) The term of the members of the commission shall be for three years and until their successors are elected and qualified. There shall be at no time more than two commissioners residing or doing business in any one city, town, or village of the county. A majority of the commission shall constitute a quorum. The barber commission shall organize by selecting from its members a chair, and may do all things necessary or convenient for carrying into effect this part. Each member of the commission shall receive as full compensation for each day actually spent in the work of the commission the sum of thirty dollars ($30) and not to exceed seventy-five dollars ($75) for expenses thereby incurred. The members of the commission shall be paid for their attendance for no more than two barber commission meetings each month. The commission shall appoint, and at its pleasure may discharge a secretary. The county health officer of the county shall appoint and at his or her pleasure discharge inspectors. The inspectors, subject to the approval of the commission, shall be practicing barbers who have had five or more years of experience as a barber. They shall give their full time to their duties and as compensation therefor shall receive a salary to be fixed and paid by the barber commission. Neither the secretary nor inspectors shall be related by blood or marriage to any other person employed by the commission or to the members of the commission. The commission shall also have the power to employ any other necessary help for the enforcement of this part, outline their duties, and fix their compensation subject to the general laws of this The commission shall obtain office space, furnishing, and other convenience as shall be reasonably necessary for carrying out this part.(e) The barber commission shall have the power and authority to establish and promulgate reasonable sanitary rules and reasonable regulations for the conduct of barbers, apprentice barbers, barber teachers, barber shops, barber schools, and scalp specialists; provided, however, that no barbers license shall be issued to an individual for the practice of barbering unless the individual shall meet the following qualifications:(1) 1,500 hours from an accredited barber college.(2) High school education or the equivalent.(3) Of good moral character.(f) The commission and the inspectors shall inspect all barber shops, barber schools, and places of business of scalp specialists in the county, and for such purpose any member of the commission or its duly authorized agent may enter upon the premises of the barber shops, barber schools, and scalp specialists at any time during business hours. A copy of the sanitary rules and other regulations adopted by the commission shall be furnished to each licensed shop owner and barber and barber school doing business in the counties hereby affected. The inspectors shall be deputized by the sheriff of the county and by each succeeding sheriff that shall be elected in the county. The inspector shall make bond in the amount of two thousand dollars ($2,000) covering his or her acts as the inspector of the barber commission of the county. The sheriff of the county and members of the barber commission, shall not be liable for any of the acts of the inspectors. The bond premium shall be payable by the barber commission of the county out of the funds of the barber commission. The inspectors shall have the power and authority to arrest persons guilty of a violation of this part, or the health and sanitation laws of this state or of any municipality in the county hereby affected and also for a violation of the printed rules and regulations adopted by this commission under authority of this part. The inspectors may take and preserve any evidence of violations until final disposition of the cause.(g) The principal office of the commission shall be located at the county seat. The commission shall adopt a seal, with such design as it may prescribe engraved thereon, by which it shall authenticate its proceedings. Copies of all records and papers in the office of the commission duly certified and authenticated by its seal shall be received in evidence in all courts with like effect as the original. The barber commission shall make and keep on file in its office an annual report, which report shall summarize all the activities of the commission relative to the examining and licensing of barbers, barber apprentices, barber teachers, and scalp specialists and the suspension or revocation of the licenses or refusal of issuance of license or renewal license and the issuance and revocation of licenses of barber shops, barber colleges, and other like businesses, and shall also show all collections and all disbursements of funds collected pursuant to this part. All records kept in the office of the commission under the authority of this part shall be open to public inspection at all reasonable times. All fees and charges collected by the commission under this part shall be paid into the treasury of the county and shall constitute a separate fund to be disbursed by the county treasurer on order of the barber commission and with the approval of the chair of the commission. All expenses incurred by the barber commission, including the compensation of members and their employees and compensation and expense of inspectors, shall be paid by the county treasurer out of the separate funds upon checks signed by the chair of the barber commission and countersigned by one other member of the barber commission, provided that the total expense for every purpose incurred shall not exceed the total fees and charges collected and paid into the county treasury by the barber commission and all monies in excess of one thousand dollars ($1,000) remaining in the separate fund at the end of the fiscal year not expended as herein provided shall become a part of the general fund of the county.(h) Whereas, an election to fill vacancies on the commission is now in progress, the candidate for vacancies of the term beginning September 1, 1971, shall serve as follows: The candidate receiving the highest number of votes in the election shall serve a term of three years beginning September 1, 1971, and ending August 31, 1974. The candidate receiving the second highest number of votes shall serve a term of two years beginning September 1, 1971, and ending August 31, 1973.Ala. Code § 45-37-40.02 (1975)
Acts 1951, No. 661, p. 1125, §3; Acts 1956, 2nd Sp. Sess., No. 17, p. 276, §3; Acts 1971, No. 951, p. 1705, §1; Act 2002-338, p. 906, §1.