§439-22.5 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 beauty operator, beauty instructor, beauty shop, or beauty school license, or a temporary or beauty apprentice permit, for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:
(1) Failure of a beauty operator, beauty instructor, beauty shop, beauty school, beauty apprentice, or temporary permittee engaged in the 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 beauty shop owner or beauty school to ensure that only individuals who hold a current and appropriate license or permit engage in the practice of cosmetology in the beauty shop or beauty school;
(3) Failure of a beauty shop engaged in the practice of cosmetology to conspicuously display, in all reception and work rooms, a sign that shall read "PRICE LIST AVAILABLE UPON REQUEST" in capital letters at least three-fourths inch in size;
(4) Failure of a beauty school to identify each 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 instructor at the beauty school with a name tag, stating that person's full name, the word "Instructor", and identifying the 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 an instructor-student ratio of one instructor for every twenty-five students, or with a minimum of two licensed instructors; or
(7) Failure of a beauty school performing 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 in size that shall state "School of Beauty Culture - Work done by students under supervision" in letters not less than one-half inch high.
(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 $100 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 2017, c 148, §1]