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PA Bulletin, Doc. No. 14-236

RULES AND REGULATIONS

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

[ 49 PA. CODE CH. 43b ]

Corrective Amendment to 49 Pa. Code § 43b.4

[44 Pa.B. 597]
[Saturday, February 1, 2014]

 The Bureau of Professional and Occupational Affairs has discovered a discrepancy between the agency text of 49 Pa. Code § 43b.4 (relating to schedule of civil penalties—barbers and barber shops) as deposited with the Legislative Reference Bureau and the official text as published at 36 Pa.B. 7833, 7836 (December 23, 2006) and as currently appearing in the Pennsylvania Code. The citation for a violation of section 7 of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 557), ''availability of current license on premises,'' was cited incorrectly.

 Therefore, under 45 Pa.C.S. § 901: The Bureau of Professional and Occupational Affairs has deposited with the Legislative Reference Bureau a corrective amendment to 49 Pa. Code § 43b.4. The corrective amendment to 49 Pa. Code § 43b.4 is effective December 23, 2006, the effective date of adoption of the final-form rulemaking amending this section.

 The correct version of 49 Pa. Code § 43b.4 appears in Annex A.

Annex A

TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS

PART I. DEPARTMENT OF STATE

Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 43b. COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL

§ 43b.4. Schedule of civil penalties—barbers and barber shops.

STATE BOARD OF BARBER EXAMINERS

Violation
under 35 P. S. 		Title/Description Civil Penalty
Section 637.6(a)(1) Failure of licensed barber shop or 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) Barber shop permitting smoking in the barber shop or barber school permitting smoking in
the barber 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 barber shop or in a barber 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 551 Practicing without a license 1st offense—$500
2nd offense—Formal action
Section 557 Availability of current license on premises 1st offense—$150
2nd offense—$500
Section 558 Practicing on a lapsed or expired license 1st offense—Up to 90 days—Warning; 90 days  to 1 year—$250; 1 year to 2 years—$500;  over 2 years—$1,000
2nd offense—Formal action
Section 562(a)(2) Operating a business or facility on a lapsed or expired permit or license 1st offense—Up to 90 days—Warning; 90 days  to 1 year—$250; from 1 year to 2  years—$500; over 2 years—$1,000
2nd offense—Formal action
Section 559 Failure to employ licensed persons 1st offense—$500 for each individual  unlicensed barber
2nd offense—Formal action
Section 560 Opening shop for business before shop inspected and approved 1st offense—$200
2nd offense—Formal action
Section 560 Failure to file application when taking over as owner of existing shop 1st offense—$500
2nd offense—Formal action
Section 562 Operating an establishment without supervision of designated manager barber or other designated licensee 1st offense—$250
2nd offense—Formal action
Section 560 Operating a business or facility without a permit or license 1st offense—$500
2nd offense—Formal action
Section 563(a) Licensee practicing in place other than licensed shop 1st offense—$500
2nd offense—Formal action
Violation
under 49 Pa. Code
Chapter 3 		Title/Description Civil Penalty
Section 3.51(a) Failure to obtain new shop license when shop moves 1st offense—$500
2nd offense—Formal action
Section 3.51(b) Failure to register trade name 1st offense—$100
2nd offense—Formal action
Section 3.54 Failure to meet minimum equipment requirements 1st offense—$100
2nd offense—Formal action
Section 3.55 Failure to meet minimum maintenance and sanitation requirements 1st offense—$100
2nd offense—Formal action
Section 3.85 School equipment does not meet requirements 1st offense—$100
2nd offense—Formal action
Section 3.86 School maintenance and sanitation requirements not met 1st offense—$250
2nd offense—Formal action
Section 3.89 School advertising requirements not met 1st offense—$250
2nd offense—Formal action
[Pa.B. Doc. No. 14-236. Filed for public inspection January 31, 2014, 9:00 a.m.]


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