49 Pa. Code § 43b.5

Current through Register Vol. 54, No. 49, December 7, 2024
Section 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

49 Pa. Code § 43b.5

The provisions of this § 43b.5 amended December 21, 2012, effective 12/22/2012, 42 Pa.B. 7673.