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

§ 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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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