Suspension, Revocation, Cancellation, or Restoration of Certificates of Registration; Reprimand of Certificate Holders; Fines

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Barbers and Cosmetologists
  5. Suspension, Revocation, Cancellation, or Restoration of Certificates of Registration; Reprimand of Certificate Holders; Fines

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  1. The board, acting upon its own knowledge or written or verified complaint filed by any person, shall have the power to reprimand or power to suspend, revoke, or cancel the certificate of registration of or refuse to grant, renew, or restore a certificate of registration to a holder of any certificate of registration issued pursuant to this chapter upon proof of any one of the following grounds:
    1. Willfully committing any false, fraudulent, or deceitful act or using any forged, false, or fraudulent document in connection with any requirement of this chapter or the rules and regulations of the board;
    2. Willfully failing at any time to comply with the requirements for a certificate of registration under this chapter;
    3. Practicing barbering or the occupation of a cosmetologist under a false or assumed name;
    4. Willfully permitting an unlicensed person to practice, learn, or teach barbering or the occupation of a cosmetologist;
    5. Knowingly performing an act which in any way assists an unlicensed person to practice, learn, or teach barbering or the occupation of a cosmetologist; or
    6. Violating, directly or indirectly, or assisting in the violation of this chapter or any rule or regulation of the board.
  2. The board may impose a fine not to exceed $500.00 for each violation of any provision of subsection (a) of this Code section; provided, however, that the board shall not, for any violation of paragraph (6) of subsection (a) of this Code section on grounds not set forth in paragraphs (1) through (5) of such subsection, impose a fine for the first violation in an amount that exceeds $25.00, impose a fine for a second violation in an amount that exceeds $75.00, or impose a fine for each subsequent violation in an amount that exceeds $300.00. Such fines shall be listed in a schedule contained in the rules and regulations of the board. The licensee shall pay the fine within 30 days after receiving a citation from either the board or a representative of the board unless the licensee requests in writing a hearing. Such request for a hearing must be received by the board within 30 days after receipt of the citation from the board or a representative of the board. Such hearings may be held by the board or a committee of the board. Decisions of a committee of the board entered pursuant to this subsection shall be final decisions of the board. Failure either to pay the fine or request a hearing may result in immediate suspension of the license pending a hearing to determine whether revocation or other disciplinary action should be imposed on the licensee.
  3. The board, for good cause shown and under such conditions as it may prescribe, may restore a certificate of registration to any person, beauty shop, beauty salon, barber shop, or school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering whose certificate of registration has been suspended, revoked, or canceled.
  4. Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall apply to any proceeding under this Code section.

(Ga. L. 1979, p. 1327, § 10; Ga. L. 1992, p. 2490, § 2; Ga. L. 2000, p. 814, § 1; Ga. L. 2014, p. 388, § 1A/SB 336; Ga. L. 2015, p. 1287, § 2/HB 314; Ga. L. 2016, p. 846, § 43/HB 737.)

The 2014 amendment, effective April 21, 2014, added the proviso at the end of the first sentence in subsection (b).

The 2015 amendment, effective July 1, 2015, substituted "barbering or the occupation of a cosmetologist" for "cosmetology" in paragraphs (a)(3) through (a)(5); in subsection (b), in the second sentence, substituted "a citation" for "written notification" near the middle and deleted "before the board" following "a hearing" at the end, substituted "citation from the board or a representative of the board. Such hearings may be held by the board or a committee of the board. Decisions of a committee of the board entered pursuant to this paragraph shall be final decisions of the board" for "written notification from the board" near the middle, and substituted "may result" for "shall result" in the last sentence; and substituted "beauty shop, beauty salon, barber shop, or school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering" for "beauty shop or beauty salon, or school or college of cosmetology" in subsection (c).

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted "pursuant to this subsection" for "pursuant to this paragraph" in the next to the last sentence of subsection (b).

Editor's notes.

- Ga. L. 2014, p. 388, § 2/SB 336, not codified by the General Assembly, provides, in part, that this Act shall apply to all violations occurring on or after April 21, 2014.

OPINIONS OF THE ATTORNEY GENERAL

Penalty for owning and operating unregistered beauty shop.

- If a holder of a certificate of registration to practice cosmetology violates Ga. L. 1979, p. 1327, §§ 1 and 11 (see now O.C.G.A. §§ 43-10-8 and43-10-11) by owning and operating an unregistered beauty shop, the holder's certificate of registration to practice cosmetology is subject to being reprimanded, suspended, revoked, or canceled by the State Board of Cosmetology pursuant to Ga. L. 1979, p. 1327, § 10 (see now O.C.G.A. § 43-10-15). 1980 Op. Att'y Gen. No. 80-23.

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.


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