[§439A-15] Citation for licensee or permittee violations; fines. (a) In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a barber, beauty operator, beauty instructor, barber shop, beauty shop, or beauty school license, or a temporary permit or apprentice permit, for any of the following violations of this chapter or rules adopted pursuant to this chapter and chapter 91: (1) Failure of a barber, beauty operator, beauty instructor, barber shop, beauty shop, beauty school, barber apprentice, beauty apprentice, or temporary permittee engaged in the practice of barbering or practice of cosmetology to display a license or permit in a conspicuous place in the office, place of business or employment, or school, during all hours of operation; (2) Failure of a barber shop owner, beauty shop owner, or beauty school owner to ensure that only individuals who hold a current and appropriate license or permit engage in the practice of barbering or practice of cosmetology in the barber shop, beauty shop, or beauty school; (3) Failure of a barber shop or beauty shop engaged in the practice of barbering or practice of cosmetology to conspicuously display in reception or work rooms, a price list or sign that shall read "PRICE LIST AVAILABLE UPON REQUEST" in capital letters at least three-fourths of one inch; (4) Failure of a beauty school to identify each beauty instructor-trainee at the beauty school with a name tag, stating that person's full name and the words "Instructor-trainee", to be worn during all hours of instruction; (5) Failure of a beauty school to identify each beauty instructor at the beauty school with a name tag, stating that person's full name, the word "Instructor", and identifying the beauty instructor's appropriate beauty operator category, to be worn during all hours of instruction; (6) Failure of a beauty school, during all hours of instruction, to operate the beauty school with a beauty instructor-student ratio of at least one beauty instructor for every twenty-five students, and with a minimum of two beauty instructors; or (7) Failure of a beauty school that performs work upon or for members of the public to display, in a conspicuous place in each reception and work room, a sign not less than eighteen inches by twenty-four inches that shall state "School of Beauty Culture--Work done by students under supervision" in letters not less than one-half of one inch. (b) Each citation: (1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated; (2) May contain an order of abatement and the assessment of a fine in the amount of $500 for each violation; (3) Shall be served on the licensee or permittee by personal service; and (4) Shall inform the licensee or permittee that the licensee or permittee may submit a written request to the board or its designee for a hearing to contest the citation, within twenty calendar days from the service of the citation. (c) If the licensee or permittee timely submits a written request to the board or its designee for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91. (d) If the licensee or permittee does not timely submit a written request to the board or its designee for a hearing, the citation shall be deemed a final order of the board. (e) Failure of a licensee or permittee to pay any assessed fine within thirty calendar days, unless the licensee or permittee contests the citation, may result in further disciplinary action taken by the board. [L 2022, c 73, pt of §1]
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