322 DERBY STREET - DOL LETTER 12-13-21 CHARLES D.BAKER
GOVERNOR
EDWARD A.PALLESCHI
Commonwealth of Massachusetts UNDERSECRETARY OFCONSUMER
KARYN E.POLITO ` _AFFAIRS AND BUSINESS
LIEUTENANT GOVERNOR Division of Occupational LicensUl'e REGULATION
MIKE KENNEALY• Offlce.of Private Occupatlol7al School Education LAYLA R.D'EMILIA
SECRETARY OF HOUSING AND µ COMMISSIONER,DIVISION OF
ECONOMIC DEVELOPMENT. 1000 Washington Street
reet • Boston • Massachusetts • 02118 PROFESSIONALLICENSURE
RECEIVED
December 13, 2021 DEC 21_.202f
CITY OF SALO_Jri
Alexandra Kough Via Email infoArougesalem.com BOARD OF HEALTH
Rouge Cosmetics
322 Derby Street
Salem,MA 01970
Re: .Licensure Requirements; G.L. c. 112, § 263
Dear Ms. Kough:
It has been brought to the attention of the Division of Occupational Licensure(DOL)that Rouge
Cosmetics (Rouge)may be operating an occupational training program that requires a license from
DOL. Rouge has been advertising microblading training courses to the public for fee on its
website,Salon I Rouge Cosmetics L United States(rougesalem.com) and Facebook pages.
DOL is responsible for licensing and regulating private occupational schools(also known as
"proprietary schools")and sales representatives,pursuant to Chapter 106 of the,Acts of 2012.
Subject to certain exemptions, all"private occupational schools"are required.to be licensed G.L. c.
112, § 263(a). A"private occupational school"is generally defined as: (1) a private educational
organization that; (2)conducts courses for profit or by charging tuition; (3) for the purpose of
training or preparing individuals for a business,trade,technical,or industrial occupation, or other
vocational purpose; and(4)maintains a place of business within the Commonwealth of
Massachusetts.
Please advise DOL whether Rouge will cease operating until such time as it obtains a private
occupational school license, or whether operations will continue while Rouge pursues licensure. If
the latter,in order to accommodate its transition to licensure, DOL will allow Rouge to continue
to offer occupational training provided that,
1) Within thirty(30) days from this notice Rouge submits to DOL original surety (in the
form of abond, certificate of deposit, or letter of credit)and maintains an amount sufficient
to reimburse enrolled students in the event Rouge fails to meet its contractual obligations,
including but not limited to closure of its educational program before students are able to
complete the program.' Pursuant to M.G.L. c. 112, § 263(g), such surety is required as a
examtile-i�acnool enrolled twenty students in its program and each student paid$10,000 upfront,then the
5chooRl-would need to maintain a surety in the amount of$200,000 in order to make these students whole in the event of a
school closure.If that same School only took$5,000 upfront for each student and collected the rest at the time the students
completed the program,then the School would only need to maintain a$100,000 surety.
i�1 TELEPHONE: (617)701-8719 FAX: (617)7 11-8612 TTY/TDD: (617)701-8645 http://www.mass.govldpl/schools
beneficiary of the surety.
is notice, submits a complete private occupational school
2) Within sixty(60) days from th
license application to DOL?
Please be advised that as part of the licensure application process,Rouge must contact the Private
Occupational Schools Division at the State Auditor's Office to request a financial eligibility
application,which must be completed and submitted to the OSA prior to applying for licensure with
DOL. The OSA's website is h s://www.mass. ov/lists/occu ational-school-financial-certification-
forms and its email address is OSA.Occu ationalSchools MassMail.State.ma.us s
Rouge must also obtain proper approvals from the City of Salem's Board of Health to operate a
body-art training facility.
if you have questions, email is typically the best method of contact as most Massachusetts state agencies
are currently working remotely. Please contact Dr. Mary Jayne Fay at maryjayne fay(&,mass.gov with
any questions about the licensure process. Thank you.
Sincerely,
Matt Keigan
Executive Director
C: Kimberly Tonel-Wong, Office of the State Auditor
City of Salem,Board of Health
98 Washington Street, 3rd FL
Salem,MA 01970
2 A copy of the license application can be found at:htt ://license.re .state.ma.us/ ublic/schools/PoliciesFormsf- -7c48 html
3 The Office of the State Auditor will determine the amount of the School's surety at the time it qualifies the School as
financially eligible for licensure.Therefore,the surety amount the School maintains as part of its transition to licensure
may increase or decrease based on the State Auditor's determination