California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 9 - Board of Barbering and Cosmetology › Article 11 - Administrative Fines and Citations › Section 974 - Schedule of Administrative Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An administrative fine may be assessed
				for violations of the specified sections of the Business and Professions Code
				(BPC) and of Division 9 of Title 16 of the California Code of Regulations as
				follows (in dollars):
Section
1st
						  Violation
2nd
						  Violation
3rd
						  Violation
For purposes of BPC section
						  7407.1, fine applies to
						  the:
Waivable
7313. Access to Establishment for
						  Inspection
250
500
750
Holder of the
						  establishment license
No
7317. Unlicensed
						  Establishment
500
1,000
1,000
No
7317. Unlicensed
						  Individual
1,000
1,000
1,000
No
7317. Expired Establishment
						  License
250
300
500
Holder of the establishment
						  license
No
7317. Expired Individual
						  License
250
300
500
Individual
						  licensee
No
7317. Individual Working in an Expired
						  Establishment
25
50
100
Individual
						  licensee
No
7317. Individual Working in an Unlicensed
						  Establishment
250
300
500
Individual
						  licensee
No
7320. Practice of
						  Medicine
1,000
1,000
1,000
Holder of the
						  establishment license; fine also applies to the individual licensee when the
						  individual licensee can be determined and is present
No
7320.1. Use of Illegal Metal
						  Tools
250
500
500
Holder of the establishment
						  license; fine also applies to the individual licensee when the individual
						  licensee can be determined and is present
No
7320.2. Illegal Treatment
						  Methods
500
500
500
Holder of the establishment
						  license; fine also applies to the individual licensee when the individual
						  licensee can be determined and is present
No
7336. No Supervision of
						  Apprentice
100
150
200
Individual
						  licensee
No
7348. No Licensee in Charge of
						  Establishment
100
150
200
Holder of the
						  establishment license
No
7349. Employing Unlicensed
						  Persons
1,000
1,000
1,000
Holder of the
						  establishment license
No
7349. Employing Unlicensed Persons -- Expired
						  License
250
300
500
Holder of the establishment
						  license
No
7349.1. Illegal Use of a Barber
						  Pole
25
50
100
Holder of the establishment
						  license
No
7350. Establishment Residential Use/Entrance/Prohibited
						  Use
50
100
150
Holder of the establishment
						  license
No
7351. Restroom Requirement --
						  Clean/Storage/Floor/Vented
50
100
150
Holder of
						  the establishment license
No
7352. No Soap/Towels or Air Hand Dryers in Hand Washing
						  Facilities
50
100
150
Holder of the
						  establishment license
No
7353.4. Labor Rights Notice Not
						  Posted
50
100
150
Holder of the establishment
						  license
No
7358. No Licensee in Charge of Mobile
						  Unit
100
150
200
No
7359. Employing Unlicensed Person in Mobile
						  Unit
1,000
1,000
1,000
No
7360. Mobile Unit -- Residential/Prohibited
						  Use
50
100
150
No
7400. No Change of Address Notice
						  Filed
50
100
150
Individual
						  licensee
No
7404(
l
). Interference with
						  Inspection
1,000
1,000
1,000
Holder of the
						  establishment license; fine may also apply to the individual licensee when the
						  individual licensee is solely responsible for interfering with an
						  inspection
No
904(d). No Photographic Identification
						  Available
50
100
150
Individual
						  licensee
No
905. Consumer Info. Not
						  Posted
50
100
150
Holder of the establishment
						  license
No
920. Apprentice Training Records Not
						  Available/Incomplete
100
150
200
Individual
						  licensee
No
965. Display of
						  Licenses
50
100
150
Holder of the establishment
						  license when an establishment license is not conspicuously posted in the
						  reception area; fine applies to the individual licensee and the holder of the
						  establishment license when the individual's license is not conspicuously posted
						  at his or her primary work station
No
978(a)(1), (a)(2),(a)(3), (a)(4). Receptacles, Cabinets
						  and Containers
50
100
150
Holder of the
						  establishment license
No
978(a)(5). Insufficient Disinfectant in Container for
						  Total Immersion
100
150
200
Holder of the
						  establishment license
No
978(a)(6). No Steam/Dry Heat Sterilizer for Electrology
						  Tools
500
1,000
1,500
Holder of the
						  establishment license
No
978(b). No Disinfectant Solution Available for
						  Use
250
300
500
Holder of the establishment
						  license
No
978(c). No Manufacturer-Labeled Container for
						  Disinfectant
250
300
500
Holder of the
						  establishment license
No
979. Disinfecting Non-Electrical Tools and
						  Equipment
100
250
500
Individual licensee when
						  the individual licensee can be determined and is present; fine applies to the
						  holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
980(a). Incorrect Disinfection of Electrical
						  Items
100
250
500
Individual licensee when the
						  individual licensee can be determined and is present; fine applies to the
						  holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
980(b). Incorrect Storage of Electrical Disinfected
						  Items
50
100
150
Individual licensee when the
						  individual licensee can be determined and is present; fine applies to the
						  holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
980(c). Incorrect Storage of Soiled Electrical
						  Tools
50
100
150
Individual licensee when the
						  individual licensee can be determined and is present; fine applies to the
						  holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
980.1. Incorrect Disinfection of Pedicure Spas (Per
						  Chair)
500
500
500
Holder of the establishment
						  license; fine may also apply to the individual licensee when the individual
						  licensee can be determined and is present
No
980.1(c)(7). 980.1(d)(8). 980.1(e)(4).
						  Incorrect/Missing Log
100
150
200
Holder of the
						  establishment license; fine may also apply to the individual licensee when the
						  individual licensee can be determined and is present
No
980.1(g). Failure to List Chair as "Not in Service" in
						  Log; No Sign Displayed on
						  Chair
50
100
150
Holder of the establishment
						  license; fine may also apply to the individual licensee when the individual
						  licensee can be determined and is present
No
980.2. Incorrect Disinfection of "Pipeless" Footspas
						  (Per Unit)
500
500
500
Holder of the
						  establishment license; fine may also apply to the individual licensee when the
						  individual licensee can be determined and is present
No
980.2(b)(7). 980.2(c)(6). 980.2(d)(3).
						  Incorrect/Missing Log
100
150
200
Holder of the
						  establishment license; fine may also apply to the individual licensee when the
						  individual licensee can be determined and is present
No
980.2(f). Failure to List Chair as "Not in Service" in
						  Log; No Sign Displayed on
						  Chair
50
100
150
Holder of the establishment
						  license; fine may also apply to the individual licensee when the individual
						  licensee can be determined and is present
No
980.3. Incorrect Disinfection of "Non-Whirlpool Foot
						  Basin" (Per Unit)
100
150
200
Holder of the
						  establishment license; fine may also apply to the individual licensee when the
						  individual licensee can be determined and is present
No
980.3(b)(6). Incorrect/Missing
						  Log
50
100
150
Holder of the establishment
						  license; fine may also apply to the individual licensee when the individual
						  licensee can be determined and is present
No
980.3(e). Improper Storage of Basins or
						  Tubs
50
100
150
Holder of the establishment
						  license; fine may also apply to the individual licensee when the individual
						  licensee can be determined and is present
No
980.4. Incorrect Disinfection of foot basin or tub
						  after use of disposable
						  liner
500
500
500
Holder of the establishment
						  license; fine may also apply to the individual licensee when the individual
						  licensee can be determined and is present
No
980.4(a)(2). Incorrect/Missing
						  Log
50
100
150
Holder of the establishment
						  license; fine may also apply to the individual licensee when the individual
						  licensee can be determined and is present
No
980.4(a)(4). Failure to Maintain Supply of Five (5)
						  Disposable Liners per Foot Tub
						  Basin
250
300
500
Holder of the establishment
						  license
No
981(a). No Disposal of Non-Disinfected
						  Items
100
150
200
Individual licensee when the
						  individual licensee can be determined and is present; fine also applies to the
						  holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
981(b). Improper Storage of New Supplies and Disposable
						  tools
50
100
150
Individual licensee when the
						  individual licensee can be determined and is present; fine also applies to the
						  holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
981(c). Carry Tools or Supplies in or on
						  Garments
50
100
150
Individual
						  licensee
No
982. Incorrect Sterilization of Electrology
						  Tools
100
150
200
Individual licensee when the
						  individual licensee can be determined and is present; fine also applies to the
						  holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
983. Personal
						  Cleanliness
50
100
150
Individual
						  licensee
No
984(a). Allow Licensee with Infectious/Communicable
						  Disease to Work on Person
100
250
500
Holder of
						  the establishment license
No
984(b). Allow or Require a Licensee to Work on Person
						  with Infectious/Communicable
						  Disease
100
250
500
Holder of the establishment
						  license
No
984(e). Performing Services on Inflamed, Broken,
						  Infected or Erupted Skin or Scalp Surface/Working without Gloves when Skin on
						  Hands Is Inflamed, Broken, Infected or
						  Erupted
100
250
500
Individual
						  licensee
No
985. No Use of Neck Strips or
						  Towel
50
100
150
Individual
						  licensee
No
986. Neck Dusters/Brushes Not Clean or
						  Sanitary
50
100
150
Individual licensee when
						  the individual licensee can be determined and is present; fine also applies to
						  the holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
987.
						  Towels
50
100
150
Individual licensee when the
						  individual licensee can be determined and is present; fine also applies to the
						  holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
988. Liquids, Creams, Powders and
						  Cosmetics
50
100
150
Individual licensee when
						  the individual licensee can be determined and is present; fine also applies to
						  the holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
989. Prohibited Hazardous Substance/Use of
						  Product
500
500
500
Holder of the establishment
						  license
No
990. Headrests and Treatment
						  Tables
50
100
150
Individual licensee when the
						  individual licensee can be determined and is present; fine also applies to the
						  holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
991. Performing Invasive
						  Procedures
500
500
500
Individual licensee when
						  the individual licensee can be determined and is present; fine also applies to
						  the holder of the establishment license when the individual licensee cannot be
						  determined or is not present, or the violation has been found repeatedly in the
						  establishment
No
992. Performing Invasive Skin
						  Exfoliation/Dermis
500
500
500
Individual
						  licensee when the individual licensee can be determined and is present; fine
						  also applies to the holder of the establishment license when the individual
						  licensee cannot be determined or is not present, or the violation has been
						  found repeatedly in the establishment
No
993. Prohibited
						  Tools
300
400
500
Holder of the establishment
						  license
No
994. Cleanliness and
						  Repair
50
100
150
Holder of the establishment
						  license
No
995(b), (c), (d), (e). Plumbing
						  Standards
50
100
150
Holder of the
						  establishment license
No
(b) A
				violation indicated in subdivision (a) as not waivable means that the Board, in
				its discretion, has determined that the violation cannot be corrected pursuant
				to Business and Professions Code section
				7407,
				and therefore that the fine for the first violation may not be avoided as
				provided for in Business and Professions Code section
				7409.
1. New article
				  11 and repealer and new section filed 10-24-94; operative 11-23-94 (Register
				  94, No. 43). For prior history, see Register 84, No. 28.
2.
				  Amendment of table filed 12-19-95; operative 1-18-96 (Register 95, No.
				  51).
3. Amendment of subsection (a) filed 12-2-96; operative 1-1-97
				  (Register 96, No. 49).
4. Editorial correction of NOTE (Register 98,
				  No. 2).
5. New footnote to subsection (a) filed 1-7-98; operative
				  2-6-98 (Register 98, No. 2).
6. Amendment of table and addition of
				  second footnote to subsection (a) filed 4-23-98; operative 5-23-98 (Register
				  98, No. 17).
7. Amendment of table filed 5-16-2001 as an emergency;
				  operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must
				  be transmitted to OAL by 9-13-2001 or emergency language will be repealed by
				  operation of law on the following day.
8. Amendment of table refiled
				  9-13-2001 as an emergency; operative 9-13-2001 (Register 2001, No. 37). A
				  Certificate of Compliance must be transmitted to OAL by 1-11-2002 or emergency
				  language will be repealed by operation of law on the following
				  day.
9. Reinstatement of section as it existed prior to 5-16-2001
				  emergency amendment by operation of Government Code section
				  11346.1(f)
				  (Register 2002, No. 3).
10. Amendment of table refiled 1-14-2002 as
				  an emergency; operative 1-14-2002 (Register 2002, No. 3). A Certificate of
				  Compliance must be transmitted to OAL by 5-14-2002 or emergency language will
				  be repealed by operation of law on the following day.
11.
				  Certificate of Compliance as to 1-14-2002 order transmitted to OAL 4-16-2002
				  and filed 5-29-2002 (Register 2002, No. 22).
12. Amendment of table
				  and repeal of footnotes filed 1-10-2007; operative 2-9-2007 (Register 2007, No.
				  2).
13. Amendment of subsection (a) filed 3-24-2008; operative
				  4-23-2008 (Register 2008, No. 13).
14. Amendment of section and NOTE
				  filed 8-17-2011; operative 9-16-2011 (Register 2011, No. 33).
15.
				  Amendment of subsection (a) filed 4-4-2016; operative 7-1-2016 (Register 2016,
				  No. 15).
16. Amendment of section and NOTE filed 11-13-2019;
				  operative 1-1-2020 (Register 2019, No. 46).
Note: Authority cited: Sections
					 7312,
					 7406
					 and
					 7407,
					 Business and Professions Code. Reference: Sections
					 7353.4,
					 7406,
					 7407,
					 7407.1
					 and
					 7409,
					 Business and Professions Code.