Section 434. License after examination; application to take

1. Any person
  over the age of seventeen years, desiring a license  to  engage  in  the
  practice  of  barbering  under this article, may make application to the
  secretary of state therefor. The application  shall  be  subscribed  and
  affirmed  by  the  applicant as true under the penalties of perjury. The
  application shall be in such form and  shall  contain  such  information
  relative to the applicant and his qualifications as may be prescribed by
  the secretary of state. Each application shall be accompanied by:
    (a)  Two  recent  photographs of the applicant of a size prescribed by
  the secretary of state;
    (b) Satisfactory evidence of good  moral  character,  except  that  in
  determining  an applicant's good moral character, the secretary of state
  shall not automatically disqualify  an  applicant  on  the  basis  of  a
  criminal  conviction.  The  secretary shall review such criminal history
  information in accordance with article twenty-three-A of the  correction
  law;
    (c) The certificate of a duly licensed physician, on a form prescribed
  by  the  secretary  of  state,  showing  freedom  from any infectious or
  communicable disease which certificate shall  have  been  issued  within
  thirty days prior to the date of the filing of the application;
    (d)  Evidence of elementary education satisfactory to the secretary of
  state;
    (e) Satisfactory evidence of the successful completion of a course  of
  study  in  a school of barbering duly licensed pursuant to the education
  law  or  approved  by  the  board  of  regents  or,  in  lieu   thereof,
  satisfactory  evidence  of  having pursued in good faith the theoretical
  and practical study of barbering for a period  of  at  least  two  years
  under  the  direct  supervision  and  tutelage  of  one or more licensed
  barbers,  or,  that  the  applicant  has  been  lawfully,  actually  and
  continually  engaged  in  the  practice of barbering in any other state,
  territory, protectorate or dependency  of  the  United  States,  or  any
  foreign  country  for a period of not less than three years prior to the
  filing of an application for a license to  engage  in  the  practice  of
  barbering,  or,  that the applicant is the holder of a temporary license
  issued under section four hundred thirty-five of this article;
    (e-1) Evidence in the  form  of  a  certificate,  issued  by  a  state
  licensed  school  of barbering, of the successful completion of a course
  of  study  approved  by  the   education   department   concerning   the
  transmission of contagious diseases and the proper methods of sanitation
  and  sterilization  to  be  employed in barber shops, especially as they
  relate to tools and instruments. The required course materials requisite
  to issuance of such certificate of successful completion may be provided
  by such state licensed  school  of  barbering  either  at  the  school's
  approved  premises  or  by  long  distance  methods  of  instruction and
  testing, as shall have been approved by the education department;
    (f) The application fee prescribed by this article; and
    (g) Satisfactory  evidence  of  having  taken  and  passed  a  written
  examination offered by the secretary of state pursuant to this article.
    2. The secretary of state shall prepare question papers which shall be
  the  same for all persons at any given examination. The questions may be
  partly written and partly  oral.  No  person  shall  receive  a  license
  hereunder  who  has  not actually demonstrated to the secretary of state
  the applicant's ability  and  fitness  to  engage  in  the  practice  of
  barbering in such practical tests as may be required by the secretary of
  state.
    3.  Examinations  shall  be  in  the  English language and may, in the
  reasonable discretion of  the  secretary  of  state,  be  translated  or
  transposed  into  any other language if requested by a person taking the

  examination, upon satisfactory proof of the need therefor. They shall be
  held at least quarterly and shall be given in at least  four  convenient
  places in the state.
    4.  If  an applicant has successfully passed the examination therefor,
  and has otherwise qualified for a license, the  secretary  of  state  on
  payment  of  the  fee  prescribed  by  this article, shall issue to such
  applicant a license to engage in the practice of barbering.