Current through Register Vol. 48, No. 38, September 20, 2024
a) For
purposes of this Section, "change of ownership", "sale" or "transfer" of a
corporation means the transfer of more than 50% of the stock during a 14-day
period. For purposes of this Section, "change of ownership", "sale" or
"transfer" of a partnership means a change of more than 50% of the partners
during a 14-day period. For purposes of this Section, "change of ownership",
"sale" or "transfer" of an LLC means a change of more than 50% of the members
during a 14-day period. Any change of ownership of a parent business entity
that owns the school's owner shall not be considered a change of ownership of
the school.
b) If a licensed school
is to be sold or otherwise transferred, the new owner must notify the Division
at least 30 days in advance of the effective date of the transfer of ownership.
The notification shall include a signed and dated letter from the pre-transfer
owner acknowledging the planned sale or transfer.
c) Upon filing notice to the Division, 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 Division within 30 days after the effective date of the transfer of
ownership, by mailing to the Division:
1) A
signed and completed school application;
2) If the new owner is a corporation, limited
liability company or partnership, a copy of the following:
A) if the owner is a domestic corporation, a
filed copy of the Articles of Incorporation, filed with the Secretary of State
or, in the case of a foreign corporation, a filed copy of the Authority to
Transact Business in Illinois accepted by and filed with the Secretary of
State;
B) if the owner is a
domestic limited liability company, a copy of the Articles of Organization that
were filed with the Secretary of State or, if the owner is a foreign limited
liability company, a copy of the Application for Admission to Transact Business
as a Foreign Limited Liability Company accepted by and filed with the Secretary
of State; or
C) if the owner is a
partnership, a listing of all partners and their addresses;
3) Name, address and telephone
number of the school;
4) Name,
address and telephone number of the chief managing employee;
5) If the new owner will be conducting
business under an assumed name as described in the Assumed Business Name Act [
805 ILCS 405 ], a copy of the application to adopt an assumed name filed with
the government office responsible for approving the assumed name;
6) A Commitment Statement, as provided in the
licensure application packet, signed and dated by the school's chief
administrative officer;
7) A
listing of all teachers who will be in the school's employ, showing a
sufficient number of qualified teachers who are holders of a current hair
braiding teacher license or cosmetology teacher license issued by the
Division;
8) A detailed 81/2 x 11
inch floor plan that is:
A) drawn to
scale;
B) shows the
dimensions;
C) has all areas
labeled;
D) has all fixtures shown;
and
E) demonstrates compliance with
the requirements of Section
1175.305;
9) A copy of:
A) a lease showing at least a 1 year
commitment to the use of the school site, the address of the school site, the
name of the lessor, and the name of the lessee; or
B) the certification of ownership of the
school site;
10) An
official fire inspection report from the local fire inspection authority,
conducted in the 6 months immediately preceding application, giving approval
for use of the site as a school;
11) A financial statement indicating that
sufficient current finances exist to operate the school for at least 3 months.
The Division will not accept a bank statement as sufficient proof to meet this
requirement. This financial statement shall include reporting cash assets on
hand and any liabilities and shall be prepared by either a certified public
accountant or a person knowledgeable about the finances of the school. Any
financial statement submitted by a person who is not a certified public
accountant must contain a signed statement certifying under penalty of perjury
that the information is true and accurate based upon inspection of the
financial records of the school;
12) A copy of the official enrollment
agreement to be used by the school, which shall be consistent with the
requirements of Section
1175.1515;
13) A copy of the curricula for each program
offered by the school, which shall be consistent with the requirements of this
Part;
14) A copy of the transcript
to be used by the school for each program, which shall be consistent with the
requirements of Section
1175.1525;
15) A copy of the final examination to be
used by the school, which shall be consistent with the requirements of Section
1175.1545;
16) A sample of the school seal to be used by
the school;
17) A photograph of the
school sign to be used by the school; and
18) The required fee set forth in Section
1175.100.
d) When the items listed in subsection (c)
have been received, the Division shall inspect the school premises, prior to
school approval, to determine compliance with this Subpart O. Approval shall be
granted if all the requirements of this Subpart O have been met.
e) Hair braiding schools shall only offer
instruction in hair braiding and hair braiding teacher education.
