49 Pa. Code § 43b.4. Schedule of civil penalties

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

§ 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. Violation under 49 Pa. Code Chapter 3 Title/Description Civil Penalty

Section 551 N/A Practicing without a license 1st offense—$500 2nd offense—Formal action

Section 557 Section 3.13(a) Availability of current license on premises 1st offense—$150 2nd offense—$500

N/A Section 3.15(a) Practicing on a lapsed or expired (unregistered) 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

N/A Section 3.15(a) Operating a shop or school on a lapsed or expired (unregistered) 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(a)(6) Section 3.14(a) Failure to employ licensed persons 1st offense—$500 for each individual unlicensed barber 2nd offense—Formal action

Section 560 Section 3.51(a) Opening shop for business before shop inspected and approved 1st offense—$200 2nd offense—Formal action

Section 560 Section 3.51(a) Failure to file application when taking over as owner of an existing shop 1st offense—$500 2nd offense—Formal action

Section 562 N/A Operating a shop without supervision of designated manager barber or other designated licensee 1st offense—$250 2nd offense—Formal action

Section 562(a)(1) N/A Operating a shop or school without a license 1st offense—$500 2nd offense—Formal action

Section 560 Section 3.51(a) Failure to obtain a new shop license when shop moves 1st offense—$500 2nd offense—Formal action

Section 563(a) Section 3.14(b) Licensee practicing in place other than licensed shop 1st offense—$500 2nd offense—Formal action

N/A Section 3.51(b) Failure to register trade name 1st offense—$100 2nd offense—Formal action

N/A Section 3.54 Failure to meet minimum equipment requirements 1st offense—$100 2nd offense—Formal action

N/A Section 3.55 Failure to meet minimum maintenance and sanitation requirements 1st offense—$100 2nd offense—Formal action

N/A Section 3.85 School equipment does not meet requirements 1st offense—$100 2nd offense—Formal action

N/A Section 3.86 School maintenance and sanitation requirements not met 1st offense—$250 2nd offense—Formal action

N/A Section 3.89 School advertising requirements not met 1st offense—$250 2nd offense—Formal action

Authority

   The provisions of this §  43b.4 amended under section 5 of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S §  2205).

Source

   The provisions of this §  43b.4 amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673; corrected January 31, 2014, effective December 23, 2006, 44 Pa.B. 597; amended March 6, 2020, effective March 7, 2020, 50 Pa.B. 1354. Immediately preceding text appears at serial pages (370273) to (370276).

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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.	Violation under 49 Pa. Code Chapter 3	Title/Description	Civil Penalty
Section 551	N/A	Practicing without a license	1st offense—$500 2nd offense—Formal action
Section 557	Section 3.13(a)	Availability of current license on premises	1st offense—$150 2nd offense—$500
N/A	Section 3.15(a)	Practicing on a lapsed or expired (unregistered) 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
N/A	Section 3.15(a)	Operating a shop or school on a lapsed or expired (unregistered) 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(a)(6)	Section 3.14(a)	Failure to employ licensed persons	1st offense—$500 for each individual unlicensed barber 2nd offense—Formal action
Section 560	Section 3.51(a)	Opening shop for business before shop inspected and approved	1st offense—$200 2nd offense—Formal action
Section 560	Section 3.51(a)	Failure to file application when taking over as owner of an existing shop	1st offense—$500 2nd offense—Formal action
Section 562	N/A	Operating a shop without supervision of designated manager barber or other designated licensee	1st offense—$250 2nd offense—Formal action
Section 562(a)(1)	N/A	Operating a shop or school without a license	1st offense—$500 2nd offense—Formal action
Section 560	Section 3.51(a)	Failure to obtain a new shop license when shop moves	1st offense—$500 2nd offense—Formal action
Section 563(a)	Section 3.14(b)	Licensee practicing in place other than licensed shop	1st offense—$500 2nd offense—Formal action
N/A	Section 3.51(b)	Failure to register trade name	1st offense—$100 2nd offense—Formal action
N/A	Section 3.54	Failure to meet minimum equipment requirements	1st offense—$100 2nd offense—Formal action
N/A	Section 3.55	Failure to meet minimum maintenance and sanitation requirements	1st offense—$100 2nd offense—Formal action
N/A	Section 3.85	School equipment does not meet requirements	1st offense—$100 2nd offense—Formal action
N/A	Section 3.86	School maintenance and sanitation requirements not met	1st offense—$250 2nd offense—Formal action
N/A	Section 3.89	School advertising requirements not met	1st offense—$250 2nd offense—Formal action