Barbering and CosmetologyDisciplinary Proceedings
Section § 7403
This section describes the rules and procedures for the board that grants licenses in cosmetology to deny, suspend, or revoke said licenses. The board can deny a license based on specific criteria like prior criminal convictions, and must explain its reasons clearly, including evaluating any rehabilitation evidence the applicant provides. Applicants denied due to their criminal history can request a copy of their record. Hearings for license denials must happen within 90 days of the request. The board can recover costs for investigation and legal proceedings related to license issues, with such costs being set by an administrative law judge and can't be increased by the board. Recovered costs go into the board’s fund.
Section § 7403.2
This law allows for the temporary suspension of a salon's license if health and safety laws concerning manicure and pedicure equipment are violated. The suspension can happen without a prior hearing if it's necessary to protect public health. Once suspended, the license will be on a one-year probation with conditions like mandatory training, payment of fines, and reinspection costs. A licensee has 30 days to appeal the suspension and probation terms, following specific procedures. If the terms of probation are not followed, the board may revoke the probation. Successful completion of the terms will lead to license reinstatement.
Section § 7403.5
This law allows the executive officer to immediately close a business if an inspection reveals serious health and safety violations that threaten the public. A written suspension notice and closure notice must be posted prominently. The business must stop all operations until the suspension is lifted. The business usually gets a chance for a hearing before suspension, if possible, but can request one after. They can also ask for reinspection to end the suspension once violations are fixed. There's a fee for repeated inspections if issues aren't solved. Closure notices can't be removed by anyone but the executive officer and must remain for up to 30 days unless resolved earlier.
Section § 7404
This section outlines various reasons why someone might face disciplinary action if they hold a license for barbering, cosmetology, or electrology. It includes unprofessional conduct like incompetence, negligence, or false advertising; failure to follow health and safety rules; practicing with an infectious disease; substance abuse; fraud; and several other violations, such as not displaying licenses properly or hindering inspections. It also covers more serious issues like committing crimes related to their professional role or continuing to practice without being active in the business.
Section § 7404.1
If someone breaks the rules in this chapter, they are committing a misdemeanor, unless there's a different penalty already mentioned somewhere else.
Section § 7405
This law says that if someone is found guilty, pleads guilty, or even pleads 'nolo contendere' (which means they don’t admit guilt but accept punishment), it counts as a conviction. The board can then take action, like suspending or revoking a professional license, or deciding not to issue one. This applies even if the person was later allowed to change their guilty plea or if their conviction was set aside.