225 ILCS 410/ Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985.

(225 ILCS 410/2-9)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2-9. Degree in barbering at a cosmetology school. A school of cosmetology may offer a degree in barbering, as defined by this Act, provided that the school of cosmetology complies with subsections (c), (d), and (e) of Section 2-2 of this Act; utilizes barber teachers properly licensed under paragraph (1) of Section 2-4 of this Act; and complies with Sections 2A-7 and 3B-10 of this Act.

(Source: P.A. 97-777, eff. 7-13-12.)

(225 ILCS 410/Art. IIA heading) ARTICLE IIA. BARBER SCHOOLS

(225 ILCS 410/2A-1)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2A-1. Application. The provisions of this Article IIA are applicable only to barber or cosmetology schools regulated under this Act.

(Source: P.A. 97-777, eff. 7-13-12.)

(225 ILCS 410/2A-2)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2A-2. Investigations by Department; opportunity for corrections.

(a) The Department may upon its own motion and shall upon the verified 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.

(b) Any student or employee of a barber school licensed under 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 each written complaint, commence an investigation of the alleged violation, and if appropriate forward a copy of the complaint to the Attorney General and the appropriate State's Attorney's office. The Department shall forward a copy of the formal complaint and order to the person who filed the complaint and to the chief operating officer of the school cited in the complaint.

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 barber 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 barber school that will correct the deficiency or deficiencies. During the time designated for correcting deficiencies the Department may order the school to cease and desist from all marketing and student enrollment activities.

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

(225 ILCS 410/2A-3)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2A-3. Violations and unlawful practices.

(a) The following acts or omissions by an owner, operator, or authorized agent of a barber school shall constitute violations of this Act and unlawful practices under the Consumer Fraud and Deceptive Business Practices Act:

(1) False or misleading statements, misrepresentations, or false promises that have the tendency or capacity to influence or induce persons to enroll in the course of instruction offered by the school.

(2) Failure or refusal of the school to make the disclosures in the enrollment agreement required by this Act; or making false or inaccurate statements in those 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 or her enrollment agreement.

(4) Failure or refusal of the school to employ course instructors licensed by the Department or 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 that alleges one or more of the violations enumerated in subsection (a), the Attorney General or State's Attorney may conduct an investigation to determine the validity of the complaint and, if a violation is found, may use any or all of the remedies, penalties, or authority granted by the Consumer Fraud and Deceptive Business Practices Act to correct the violation 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 that allege one or more of the violations enumerated in subsection (a).

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

(225 ILCS 410/2A-4)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2A-4. Offenses.

(a) Except as provided in subsection (b), any owner, operator, or authorized agent of a school who violates any provision of this Act shall be guilty of a business offense.

(b) 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 a 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, making any false or misleading statements, misrepresentations, or false promises to a person regarding opportunities upon graduation from the school for (i) employment in a business, industry or trade, (ii) admission to an institution of higher learning, or (iii) admission to an occupational licensing examination.

(2) Knowingly, and with intent to defraud, retaining any unearned tuition or fees paid by a student who has cancelled his or her enrollment agreement and is entitled to a refund under the school's refund policy as prescribed in this Act.

(3) Knowingly, and with intent to defraud, misrepresenting that any student who has cancelled his or her enrollment agreement is presently enrolled in the school, has completed the course of instruction, or has graduated from the school.

(4) Knowingly using or attempting 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 that employment.

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

(225 ILCS 410/2A-5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2A-5. Injunction. Upon application of the Department, the Attorney General, or any State's Attorney, the circuit court of a county in which a violation of this Act or the rules adopted under this Act has occurred shall have jurisdiction to enjoin any such violation.

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

(225 ILCS 410/2A-6)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2A-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 owner, agent or representative may bring an action against the school. The court, in its discretion, may award actual damages, treble actual damages if fraud is proved, injunctive relief, and any other relief that the court deems proper.

The action may be commenced in the county in which the school is located or 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. 89-387, eff. 1-1-96.)