Barbering and CosmetologyAdministrative Fines and Citations
Section § 7406
This law gives a board the power to not only handle disciplinary actions but also to impose fines if someone breaks the rules set out in this chapter or any related rules made by the board.
Section § 7407
This section requires the board to create rules that list fines for violations affecting consumer safety. Any fine money goes into the board's fund. The rules must also say if certain violations can be fixed and ensure no double citation with another bureau.
Section § 7407.1
This law section states that the board will set rules for when both the owner of a business and an employee can be fined for the same health and safety violations. It will also decide when fines should only be given to one of them. The board will consider how serious the violation is and if it’s a repeated offense. Additionally, the board will create a remedial education program as an option instead of a fine for a first offense. They can charge a fee for this educational program to cover costs.
Section § 7408
This law requires the board to issue a written citation whenever there's a violation that could result in a fine. The citation must clearly explain what the violation is, citing the exact rule that was broken. It also includes a fine if applicable and an order to fix the problem, if it's possible to do so. The board decides whether something can be corrected based on related rules.
Section § 7408.1
This law allows the board to set up payment plans for fines over $500. They will establish rules about how these plans work, including the terms and reasons for canceling a plan.
Section § 7409
If you have a license and get cited for a violation, you can avoid paying a fine by showing the board you've fixed the problem. This only works for your first violation of a specific rule within three years. You need to give proof in the way the board asks. If you need more time to correct it, the board might give you an extension if you have a good reason. But if you miss the deadline for showing it's fixed, you'll have to pay the fine.
Section § 7410
If you receive a notice of violation or a citation with a fine, you can appeal it to a disciplinary review committee set up by the board. You must submit your appeal in writing within 30 days of the citation date. Appeals filed after this deadline will not be accepted. Once your appeal is filed on time, any fines will be paused until a decision is made. You or your representative can present evidence related to the citation to the committee. The committee can then decide to affirm, reduce, dismiss, or change the citation, but they cannot increase the fine. You will get their decision in writing.
Section § 7411
If you receive a decision you disagree with from a disciplinary review committee, you have 30 days to file a written appeal with the program administrator. After a hearing, a director will make a final decision to confirm, change, or cancel the original decision or penalty but won't increase any fines. The appeal hearing follows specific procedures outlined in another part of the Government Code, and the director has all the authority given by that code section.
Section § 7413
This law says that if someone appeals a citation but doesn't do it on time, or if they or their representative don't show up for a review meeting without a valid reason, the citation becomes final. After that, they're usually not allowed to appeal again unless a different law allows it.
Section § 7414
If someone has unpaid administrative fines, they might not be able to get or renew a professional license until they pay all the fines, along with any other necessary fees.