Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part VI - Standards of Practice › Section 18VAC41-20-280 - Grounds for license revocation or suspension; denial of application, renewal, or reinstatement; or imposition of a monetary penalty

Current through Register Vol. 40, No. 24, July 15, 2024
The board may, in considering the totality of the
					 circumstances, fine any licensee, certificate holder, or permit holder; suspend
					 or revoke or refuse to renew or reinstate any license, certificate, or permit;
					 or deny any application issued under the provisions of Chapter 7 (§
										54.1-700 et seq.) of
					 Title 54.1 of the Code of Virginia and this chapter if it finds that the
					 licensee, certificate holder, permit holder, or applicant:
1. Is incompetent, or negligent in practice,
				  or incapable mentally or physically, as those terms are generally understood in
				  the profession, to practice as a barber, master barber, cosmetologist, nail
				  technician, or wax technician, or to operate a shop, salon, or
				  school;
2. Is convicted of fraud or
				  deceit in the practice or teaching of barbering, master barbering, cosmetology,
				  nail care, or waxing or fails to teach the curriculum as provided for in this
				  chapter;
3. Attempts to obtain,
				  obtained, renewed or reinstated a license, certificate, or temporary license by
				  false or fraudulent representation;
4. Violates or induces others to violate, or
				  cooperates with others in violating, any of the provisions of this chapter or
				  Chapter 7 (§
										54.1-700 et seq.) of
				  Title 54.1 of the Code of Virginia or any local ordinance or regulation
				  governing standards of health and sanitation of the establishment in which any
				  barber, master barber, cosmetologist, nail technician, or wax technician may
				  practice or offer to practice;
5.
				  Offers, gives, or promises anything of value or benefit to any federal, state,
				  or local employee for the purpose of influencing that employee to circumvent,
				  in the performance of his duties, any federal, state, or local law, regulation,
				  or ordinance governing barbering, master barbering, cosmetology, nail care, or
				  waxing as defined in §
										54.1-700 of the Code
				  of Virginia;
6. Fails to respond to
				  the board or any of its agents or provides false, misleading, or incomplete
				  information to an inquiry by the board or any of its agents;
7. Fails or refuses to allow the board or any
				  of its agents to inspect during reasonable hours any licensed shop, salon, or
				  school for compliance with provisions of Chapter 7 (§
										54.1-700 et seq.) or
				  this chapter;
8. Fails to produce,
				  upon request or demand of the board or any of its agents, any document, book,
				  record, or copy thereof in a licensee's or owner's possession or maintained in
				  accordance with these regulations;
9. Fails to notify the board of a change of
				  name or address in writing within 30 days of the change for each and every
				  license, certificate, or permit;
10. Makes any misrepresentation or publishes
				  or causes to be published any advertisement that is false, deceptive, or
				  misleading;
11. Fails to notify the
				  board in writing within 30 days of the suspension, revocation, or surrender of
				  a license, certificate, or permit in connection with a disciplinary action in
				  any jurisdiction or of any license, certificate, or permit that has been the
				  subject of disciplinary action in any jurisdiction;
12. Has been convicted or found guilty,
				  regardless of the manner of adjudication in Virginia or any other jurisdiction
				  of the United States, of a misdemeanor involving moral turpitude, sexual
				  offense, non-marijuana drug distribution, or physical injury or any felony,
				  there being no appeal pending therefrom or the time for appeal having elapsed.
				  Review of convictions shall be subject to the requirements of §
										54.1-204
				  of the Code of Virginia. Any plea of nolo contendere shall be considered a
				  conviction for purposes of this subdivision. The record of a conviction
				  certified or authenticated in such form as to be admissible in evidence under
				  the laws of the jurisdiction where convicted shall be admissible as prima facie
				  evidence of such conviction or guilt;
13. Fails to inform the board in writing
				  within 30 days of pleading guilty or nolo contendere or being convicted or
				  found guilty regardless of adjudication of any convictions as stated in
				  subdivision 12 of this section;
14.
				  Allows, as responsible management of a shop, salon, or school, a person who has
				  not obtained a license or a temporary permit to practice as a barber, master
				  barber, cosmetologist, nail technician, or wax technician unless the person is
				  duly enrolled as a registered apprentice;
15. Allows, as responsible management of a
				  school, a person who has not obtained an instructor certificate or a temporary
				  permit to practice as a barber, master barber, cosmetologist, nail technician,
				  or wax technician instructor;
16.
				  Fails to take sufficient measures to prevent transmission of communicable or
				  infectious diseases or fails to comply with sanitary requirements provided for
				  in this chapter or any local, state, or federal law or regulation governing the
				  standards of health and sanitation for the practices of barbering, master
				  barbering, cosmetology, nail care, or waxing, or the operation of barbershops,
				  cosmetology salons, nail salons, or waxing salons; or
17. Fails to comply with all procedures
				  established by the board and the testing service with regard to conduct at any
				  board examination.
Statutory Authority: §
												54.1-201
						of the Code of Virginia.