Article 11. Administrative Fines and Citations
Title 16, Division 9, California Code of Regulations
Board of Barbering and Cosmetology
(a) An administrative fine may be assessed for violations of the specified sections of the Business and Professions Code and Division 9 of Title 16 of the California Code of Regulations as follows:
|Section||1st Violation||2nd Violation||3rd Violation||Waivable|
|7313. Access to Establishment for Inspection||250||500||750||No|
|7317. Unlicensed Establishment||500||1,000||1,000||No|
|7317. Unlicensed Individual||1,000||1,000||1,000||No|
|7317. Expired Establishment License||250||300||500||No|
|7317. Expired Individual License||250||300||500||No|
|7317. Individual Working in an Expired Establishment||25||50||100||No|
|7317. Individual Working in an Unlicensed Establishment||250||300||500||No|
|7320. Practice of Medicine||1,000||1,000||1,000||No|
|7320.1. Use of Illegal Metal Instruments||250||500||500||No|
|7320.2. Illegal Treatment Methods||500||500||500||No|
|7336. No Supervision of Apprentice||100||150||200||No|
|7348. No Licensee in Charge of Establishment||100||150||200||No|
|7349. Employing Unlicensed Persons||1,000||1,000||1,000||No|
|7349.1. Illegal Use of a Barber Pole||25||50||100||No|
|7350. Establishment - Residential Use/Entrance/Prohibited Use||50||100||150||No|
|7351. Restroom Requirement - Clean/Storage/Floor/Vented||50||100||150||No|
|7352. No Soap/Towels or Air Hand Dryers in Hand Washing Facilities||50||100||150||No|
|7358. No Licensee in Charge of Mobile Unit||100||150||200||No|
|7359. Employing Unlicensed Person in Mobile Unit||1,000||1,000||1,000||No|
|7360. Mobile Unit - Residential/Prohibited Use||50||100||150||No|
|7400. No Change of Address Notice Filed||50||100||150||No|
|7404(I). Interference with Inspection||200||300||500||No|
|904(d). No Photographic Identification Available||50||100||150||No|
|905. Consumer Info. Not Posted/Incorrect Size of Print (Health & Safety)||50||100||150||No|
|920. Apprentice Training Records not Available/Incomplete||100||150||200||No|
|965. Display of Licenses||50||100||150||No|
|978(a)(1),(a)(2),(a)(3),(a)(4). Receptacles, Cabinets and Containers||50||100||150||No|
|978(a)(5). Insufficient Disinfectant in Container for Total Immersion||100||150||200||No|
|978(a)(6). No Steam/Dry Heat Sterilizer for Electrology Instruments||500||1,000||1,500||No|
|978(b). No Disinfectant Solution Available for Use||250||300||500||No|
|978(c). No Manufacturer-Labeled Container for Disinfectant||250||300||500||No|
|979. Disinfecting Non-Electrical Instruments and Equipment||100||250||500||No|
|980(a). Incorrect Disinfection of Electrical Items||100||250||500||No|
|980(b). Incorrect Storage of Electrical Disinfected Items||50||100||150||No|
|980.1. Incorrect Disinfection of Pedicure Spas (Per Chair)||500||500||500||No|
980.1(d)(8). Incorrect/Missing Log
|980.2. Incorrect Disinfection of "Pipeless" Footspas (Per Unit)||500||500||500||No|
980.2(c)(6). Incorrect/Missing Log
|980.3. Incorrect Disinfection of "Non-Whirlpool Foot Basin" (Per Unit)||100||150||200||No|
|980.3(b)(6). Incorrect/Missing Log||50||100||150||No|
|981(a). No Disposal of Non-Disinfected Items||100||150||200||No|
|981(b). Carry Instruments or Supplies in or on Garments||50||100||150||No|
|982. Incorrect Sterilization of Electrology Instruments||100||150||200||No|
|983. Personal Cleanliness||50||100||150||No|
|984. Work on Person with Infectious/Communicable Disease||100||250||500||No|
|985. No Use of Neck Strips or Towel||50||100||150||No|
|986. Neck Dusters/Brushes Not Clean or Sanitary||50||100||150||No|
|988. Liquids, Creams, Powders and Cosmetics||50||100||150||No|
|989. Prohibited Hazardous Substance/Use of Product||500||500||500||No|
|990. Headrests and Treatment Tables||50||100||150||No|
|991. Performing Invasive Procedures||500||500||500||No|
|992. Performing Invasive Skin Peeling/Dermis||500||500||500||No|
|993. Prohibited Instruments||300||400||500||No|
|994. Cleanliness and Repair||50||100||150||No|
|995(b),(c),(d),(e). Plumbing Standards||50||100||150||No|
(b) A violation indicated in subdivision (a) as not waivable means that the Board, in its discretion, has determined that the violation cannot be corrected pursuant to Business and Professions Code Section 7407, and therefore that the fine for the first violation may not be avoided as provided for in Section 7409 of the Business and Professions Code.
NOTE: Authority cited: Sections 7312, 7406 and 7407, Business and Professions Code. Reference: Sections 7406, 7407 and 7409, Business and Professions Code.
(a) The disciplinary review committee of the Board shall be composed of three (3) members of the board.
(b) The board president, in his or her discretion, may appoint multiple disciplinary review committees.
(c) The board president shall annually appoint members of the disciplinary review committee; the appointment will be made concurrently with the annual election of the Board President.
(d) The board president shall select the dates and locations of the informal citation review hearings held before the disciplinary review committee.
NOTE: Authority cited: Sections 7312 and 7410, Business and Professions Code. Reference: Section 7410, Business and Professions Code.
(a) In addition to requesting a hearing provided for in Section 7411 of the Business and Professions Code, the cited person may within thirty (30) days of the date the notice of violation or citation was issued, notify the Board in writing of his or her request for an informal citation review hearing before the disciplinary review committee.
(b) Upon receipt of a timely written request, the board staff shall schedule the cited person for the next hearing to be held in the general vicinity of the cited person's address of record and which is at least forty five (45) days after the board's receipt of the request for the hearing. The board staff shall, at least thirty (30) days before the date of the hearing, mail written notice to the cited person of the date, time, and location of the hearing.
(c) The cited person shall appear and may bring legal counsel or an authorized representative to the hearing and may present written information and/or oral testimony to the disciplinary review committee.
(d) The cited person may contest or appeal any of the following aspects of the citation or notice of violation:
(1) The occurrence of a violation of the Barbering and Cosmetology Act or the regulations adopted by the board;
(2) The period of time for correction, if any; and/or
(3) The amount of the fine.
(e) At the conclusion of the informal citation review hearing, the disciplinary review committee may elect to continue the hearing or to hold the record open for the cited person to present additional information to the committee. If the disciplinary review committee elects to continue the hearing, it will be continued until the next scheduled hearing to be held in the general vicinity of the cited person's address of record. Board staff shall give notice to the cited person of the date, time, and location of the continued hearing in accordance with subsection(b). If the disciplinary review committee elects to hold the record open for submission of additional written information, the cited person must provide the additional written information to the same disciplinary review committee prior to its next scheduled meeting, and the committee shall close the record and consider the matter at its next scheduled meeting.
(f) The disciplinary review committee may affirm, modify or dismiss the citation, including any fine. In no event shall the violations recorded on the citation or notice of violation or the administrative fines be increased. The disciplinary review committee may consider the history of previous violations of the same or similar nature in determining its decision in the matter. A written decision based on findings of fact shall be mailed to the cited person and his or her legal counsel, if any, within thirty (30) days from the date of the informal citation review hearing. The effective date of the decision shall be thirty (30) days after it is mailed to the cited person, and the effective date shall be written in the decision. This decision shall be deemed to be a final order with regard to the citation issued, including the fine levied.
(g) If the cited person fails to appear at the informal citation review hearing and fails to show good cause, as defined in Section 975 for the failure to appear, the administrative fine shall become final and there shall be no administrative appeal except as otherwise provided by law.
(h) If the disciplinary review committee affirms or modifies the citation or notice of violation, including any fine, the cited person may, prior to the effective date of the decision of the disciplinary review committee, request in writing a hearing before an administrative law judge pursuant to section 7411 of the Business and Professions Code. If the disciplinary review committee dismisses the citation or notice of violation in its entirety, any request for a hearing before an administrative law judge shall be deemed to be withdrawn.
NOTE: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7410, 7412 and 7413, Business and Professions Code.
The board defines "good cause" for the purpose of Business and Professions Code Section 7413 as follows: Personal illness, auto accident, death or severe illness in the immediate family or other severe physical or emotional hardship. Any condition to be considered good cause by the board must be verified in writing (i.e., letter from a physician, official accident report, obituary notice).
NOTE: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7413, Business and Professions Code.
A citation containing an order of abatement or an order to pay an administrative fine may be assessed against any person, firm, or corporation who is engaged in barbering, cosmetology or any of its branches, or electrolysis for compensation without a valid, unexpired license issued by the board.
All citations issued pursuant to this section shall meet the requirements of section 125.9 of the Code.
NOTE: Authority cited: Section 7312 Business and Professions Code. Reference: Sections 125.9, 148, and 7317, Business and Professions Code.