§ 43b.5. Schedule of civil penalties—cosmetologists, nail technicians, estheticians, natural hair braiders, salons.


STATE BOARD OF COSMETOLOGY




Violation under 35 P. S. Title/Description Civil Penalty
Section 637.6(a)(1) Failure of licensed cosme-tology salon, limited practice salon or cosmetology school to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. §  637.4) 1st offense—$250 2nd offense (within 1 year of  1st offense)—$500 3rd offense (within 1 year of  2nd offense)—$1,000 Subsequent offenses  (within 1 year of previous  offense)—$1,000
Section 637.6(a)(2) Licensed cosmetology or limited practice salon permitting smoking in the salon or licensed cosme-tology school permitting smoking in the school in violation of the Clean Indoor Air Act (35 P. S. § §  637.1—637.11) 1st offense—$250 2nd offense (within 1 year of  1st offense)—$500 3rd offense (within 1 year of  2nd offense)—$1,000 Subsequent offenses  (within 1 year of previous  offense)—$1,000
Section 637.6(a)(3) Licensee of the Board smoking in a cosmetology salon, limited practice salon, or cosmetology school in violation of the Clean Indoor Air Act 1st offense—$250 2nd offense (within 1 year of  1st offense)—$500 3rd offense (within 1 year of  2nd offense)—$1,000 Subsequent offenses (within  1 year of previous  offense—$1,000


Violation under 63 P. S. Title/Description Civil Penalty
Section 508 Practicing without a license 1st offense—$500 2nd offense—Formal action
Section 508 Maintaining an unlicensed shop 1st offense—$500 2nd offense—Formal action
Section 514 Practice in place other than licensed shop 1st offense—$500 2nd offense—Formal action
Section 519(a) Owner employing unlicensed employees 1st offense—$500 for each  unlicensed individual 2nd offense—Formal action
Section 524 Availability of current licenses and permits on the premises 1st offense—$100 2nd offense—$250


Violation under 49 Pa. Code Chapter 7 Title/Description Civil Penalty
Section 7.43 Practice on lapsed license 1st offense—Up to 90  days—Warning;  90 days or more—$250 2nd offense—Formal action
Section 7.62 Operating without manager 1st offense—$100 2nd offense—$250
Sections 7.64(a) Manager employing unlicensed persons 1st offense—$500 for each  unlicensed individual 2nd offense—Formal action
Sections 7.71—7.79 Physical requirements for beauty shop 1st offense—$50 for each  violation 2nd offense—$100 for each  violation
Section 7.82 Failure to maintain record of services rendered outside a shop 1st offense—$50 2nd offense—$250
Section 7.92 Failure to sterilize equipment 1st offense—$100 2nd offense—$250
Section 7.93 Unsanitary use of towels 1st offense—$100 2nd offense—$250
Section 7.94 Unsanitary use of supplies 1st offense—$100 2nd offense—$250
Section 7.101 Electrical appliances not properly installed/grounded 1st offense—$50 2nd offense—$250
Section 7.114 School equipment and supplies not sufficient for student enrollment $50/each item missing
Section 7.117 Failure to employ supervisor 1st offense—$500 2nd offense—Formal action
Section 7.118(a) Unlicensed teachers 1st offense—$500 2nd offense—Formal action
Section 7.118(b) Availability of instructor license on the premises 1st offense—$100 2nd offense—$250
Section 7.118(c) Failure to employ at least one full time instructor 1st offense—$100 2nd offense—$250
Section 7.118(d) Allowing student-teacher ratio to exceed 25:1 1st offense—$100 2nd offense—$250
Section 7.119 Failure to maintain student records 1st offense—$250 2nd offense—Formal action
Section 7.119a Failure to obtain notarized transcript; failure to obtain verification from other state 1st offense—$50 2nd offense—$250
Section 7.120 Work done by students on public; failure to post notices; failure to post sign 1st offense—$100 2nd offense—$250
Section 7.121 Failure to advertise licensee name or student work 1st offense—$100 2nd offense—$250
Section 7.134 Apprentice reports—failure to submit to board 1st offense—$100 2nd offense—$250

Authority

   The provisions of this §  43b.5 amended under the act of July 2, 1993 (P. L. 345, No. 48).

Source

   The provisions of this §  43b.5 amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673. Immediately preceding text appears at serial pages (325185) to (325187).



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