Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.5 - Schedule of civil penalties-cosmetologists, nail technicians, estheticians, natural hair braiders, salons

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF COSMETOLOGY
Violation under 35 P.
								  S.
Title/Description
Civil Penalty
Section 637.6(a)(1)
Failure of licensed cosme-tology salon, limited
								  practice salon or cosmetology school to post a sign as required under section 4
								  of the Clean Indoor Air Act (35 P. S. §
																637.4)
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Section 637.6(a)(2)
Licensed cosmetology or limited practice salon
								  permitting smoking in the salon or licensed cosme-tology school permitting
								  smoking in the school in violation of the Clean Indoor Air Act (35 P. S.
								  §§
																637.1-637.11)
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Section 637.6(a)(3)
Licensee of the Board smoking in a cosmetology
								  salon, limited practice salon, or cosmetology school in violation of the Clean
								  Indoor Air Act
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense-$1,000
Violation under 63 P.
								  S.
Title/Description
Civil Penalty
Section 508
Practicing without a license
1st offense-$500
2nd offense-Formal action
Section 508
Maintaining an unlicensed shop
1st offense-$500
2nd offense-Formal action
Section 514
Practice in place other than licensed
								  shop
1st offense-$500
2nd offense-Formal action
Section 519(a)
Owner employing unlicensed
								  employees
1st offense-$500 for each unlicensed
								  individual
2nd offense-Formal action
Section 524
Availability of current licenses and permits on
								  the premises
1st offense-$100 2nd offense-$250
Violation under 49 Pa. Code Chapter
								  7
Title/Description
Civil Penalty
Section 7.43
Practice on lapsed license
1st offense-Up to 90 days-Warning; 90 days or
								  more-$250
2nd offense-Formal action
Section 7.62
Operating without manager
1st offense-$100
2nd offense-$250
Sections 7.64(a)
Manager employing unlicensed
								  persons
1st offense-$500 for each unlicensed
								  individual
2nd offense-Formal action
Sections 7.71-7.79
Physical requirements for beauty
								  shop
1st offense-$50 for each violation
2nd offense-$100 for each violation
Section 7.82
Failure to maintain record of services rendered
								  outside a shop
1st offense-$50
2nd offense-$250
Section 7.92
Failure to sterilize equipment
1st offense-$100
2nd offense-$250
Section 7.93
Unsanitary use of towels
1st offense-$100
2nd offense-$250
Section 7.94
Unsanitary use of supplies
1st offense-$100
2nd offense-$250
Section 7.101
Electrical appliances not properly
								  installed/grounded
1st offense-$50
2nd offense-$250
Section 7.114
School equipment and supplies not sufficient for
								  student enrollment
$50/each item missing
Section 7.117
Failure to employ supervisor
1st offense-$500
2nd offense-Formal action
Section 7.118(a)
Unlicensed teachers
1st offense-$500
2nd offense-Formal action
Section 7.118(b)
Availability of instructor license on the
								  premises
1st offense-$100
2nd offense-$250
Section 7.118(c)
Failure to employ at least one full time
								  instructor
1st offense-$100
2nd offense-$250
Section 7.118(d)
Allowing student-teacher ratio to exceed 25:1
1st offense-$100
2nd offense-$250
Section 7.119
Failure to maintain student
								  records
1st offense-$250
2nd offense-Formal action
Section 7.119a
Failure to obtain notarized transcript; failure
								  to obtain verification from other state
1st offense-$50
2nd offense-$250
Section 7.120
Work done by students on public; failure to post
								  notices; failure to post sign
1st offense-$100
2nd offense-$250
Section 7.121
Failure to advertise licensee name or student
								  work
1st offense-$100
2nd offense-$250
Section 7.134
Apprentice reports-failure to submit to board
1st offense-$100
2nd offense-$250