§ 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 or nurse
practitioner, 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.