West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-07 - Schedule Of Fines › Section 3-7-2 - Schedule of Fines

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person licensed or holding a salon license under the
				  provisions of W. Va. Code §
									30-27-1
				  et seq. is subject to the fines specified in this section for the following
				  conduct, practices or acts:
2.1.
				Failing to post a shop license, practitioner license or booth certificate in a
				publicly visible place within a shop (posting of photocopies, reproductions and
				pocket identification cards will be cited as failure to post).
1st offense: Warning
2nd offense: $50.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for assessment of a fine and/or the proposed
				  revocation, suspension or refusal to issue a license.
2.2. Working with an expired license.
1st offense: $100.00
2nd offense: $500.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for assessment of a fine and any other
				  penalties allowed by law including refusal to issue a license.
2.3. Practicing in a shop with an
				expired work permit/certificate.
1st offense: $100.00 to the practitioner with the expired
				  license and $50.00 to the owner of the shop
2nd offense: $500.00 to the practitioner with the expired
				  license and $500.00 to the owner of the shop
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for assessment of a fine and any other
				  penalties allowed by law including refusal to issue their license.
2.4. Operating a shop with an
				expired shop license.
1st offense: $200.00
2nd offense: $500.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for assessment of a fine and any other
				  penalties allowed by law including refusal to issue a shop license.
2.5. Operating a shop by a
				practitioner without first filing a shop application, paying the fee, and
				receiving a license.
1st offense: $200.00
2nd offense: $500.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for assessment of a fine and any other
				  penalties allowed by law including refusal to issue a license.
2.6. Performing services as a
				practitioner while working in an unlicensed shop.
1st offense: $200.00
2nd offense: $500.00
3rd offense: $1,000.00
2.7. Performing services (when only
				temporary) in connection with an event such as, but not limited to, any fair,
				carnival bazaar, product or business promotion, weekend market or glamour
				photos without first obtaining a temporary license.
1st offense: Warning
2nd offense: $200.00
3rd offense: $500.00
2.8. Practicing without Board authorization.
1st offense: $300.00
2nd offense: $500.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for assessment of a fine and/or the
				  revocation, suspension or refusal to issue a license.
2.9. Performing services which the
				practitioner and/or shop is not licensed.
1st offense: $400.00 to the practitioner and/or shop
2nd offense: $1,000.00 to the practitioner and/or shop
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for assessment of a fine and/or the
				  revocation, suspension or refusal to issue their licenses.
2.10. Practicing barbering, cosmetology,
				facial technology or manicuring without a license or with a license issued to
				another person.
1st offense: $500.00
2nd offense: $1,000.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for the assessment of a fine and any other
				  penalties allowed by law including refusal to issue a license.
2.11. Operating a shop without a
				shop license by a person who is not licensed is a violation and shall incur the
				following penalties:
1st offense: $500.00
2nd offense: $1,000.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for the assessment of a fine and any other
				  penalties allowed by law including refusal to issue a license.
2.12. Allowing an unlicensed
				person to practice in a licensed shop.
1st offense: $500.00
2nd offense: $1,000.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for the assessment of a fine and/or the
				  proposed revocation, suspension or refusal to issue a shop license.
2.13. Altering a license,
				certificate, or authorization issued by the Board.
1st offense: $500.00
2nd offense: $1,000.00
3rd offense: The Board shall summon the person for the
				  assessment of a fine and/or the proposed revocation, suspension or refusal to
				  issue a license, certificate or authorization.
2.14. Failing to meet the specifications
				relating to exits and fire standards in a shop located in the basement or above
				the first floor of a home.
Immediate suspension of the shop license until the violation
				  is corrected
2.15. Failing
				to identify a shop located in a home by means of a house number or a sign
				easily visible from the street.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.16. Failing to have a separate entry for a
				shop located in a home or to properly separate the shop from the living area of
				the home.
1st offense: Warning
2nd offense: $50.00 for each violation
3rd offense: $100.00 for each violation
2.17. Managing a shop in which cosmetology,
				barbering, manicuring or skin care is performed without a license.
1st offense: Warning
2nd offense: $100.00
3rd offense: $200.00
2.18. Failing to submit to an inspection by
				the Board or refusing to allow the Board to inspect the premises when the shop
				is open.
1st offense: $300.00
2nd offense: $500.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for the assessment of a fine and/or the
				  proposed revocation or suspension of a certificate and/or shop license.
2.19. Failing as a booth renter to
				inform the Board within 30 days of a change of work location.
1st offense: $20.00
2nd offense: $50.00
3rd offense: $100.00
2.20. Failing to notify the Board of a change
				of home address within 30 days of the change.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.21. Failing to apply for a shop license
				prior to taking over the operation of an existing shop.
1st offense: Warning
2nd offense: $100.00
3rd offense: $200.00
2.22. Moving an existing shop from one
				location to another without first submitting to the Board an application and
				fee for the new location.
1st offense: $200.00
2nd offense: $500.00
3rd offense: The Board shall summon the practitioner or shop
				  owner to appear before the Board for the assessment of a fine and/or the
				  proposed revocation, suspension or refusal to issue a certificate and/or shop
				  license.
2.23. Performing
				cosmetology, barbering, manicuring or skin care services by a student when not
				on the premises of the school in which he or she is enrolled.
1st offense: Warning and notify the school
2nd offense: $150.00
3rd offense: $300.00
2.24. Failing to have adequate lighting in a
				licensed facility.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.25. Failing to have a supply of both hot
				and cold running water on the premises of a licensed facility.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.26. Failing to have toilet facilities
				available which are "reasonably accessible" for a licensed facility employees.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.27. Failing to keep a toilet facility
				located on the premises of a licensed facility clean and sanitary.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.28. Having frayed electrical wiring or
				overloading the electrical circuits in a licensed facility.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.29. Failing to use clean towels or linens
				for each client.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.30. Failing to store clean towels and
				linens in a clean area.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.31. Failing to use a neck strip or a towel
				to prevent contact between the skin of a client's neck and a hair cloth or
				cape.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.32. Failing to immediately deposit all used
				towels with chemical residue in a closed container.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.33. Failing to ensure that all articles
				which come in contact with a client are either disinfected, cleaned or disposed
				of.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.34. Failing to properly dispense powders,
				wave solutions, creams, semi-solid substances or other materials which come in
				contact with a client.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.35. Failing to deposit all chemical waste
				materials in a closed container at the close of each business day or having a
				closed container available.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.36. Failing to immediately deposit all
				non-chemical waste and refuse in covered containers.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.37. Failing to keep any shop waste disposal
				container clean.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.38. Failing to have sealable plastic bags
				and sealable rigid containers available for use of blood or other bodily
				fluids, and sharp edged materials at all times services are being performed.
1st offense: Warning
2nd offense: $300.00
3rd offense: $500.00
2.39. Failing to keep disinfecting solutions
				at adequate strength for immediate use at all times a licensed facility is in
				operation and free of foreign material.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.40. Failing to discard a disposable emery
				board, sponge, buffer, or orangewood stick after use on a client or to give the
				emery board, sponge, buffer, or orangewood stick to the client.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.41. Failing to cleanse and disinfect
				electrical or mechanical hair clipper blades after use on each client.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.42. Failing in a shop or as a booth renter
				to provide one or more sanitizers adequate to the number of practitioners,
				usage requirements or volume of business.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.43. Failing in a shop or as a booth renter
				to disinfect tools and implements.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.44. Failing to store disinfected or cleaned
				tools and implements separately from all others.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.45. Failing to keep roller-storage
				receptacles and their contents clean and free of foreign material.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.46. Failing to keep storage drawers for
				clean tools and implements clean and to use such drawers only for clean tools
				and implements.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.47. Failing to keep storage cabinets, work
				stations, vanities and the inside of microwave ovens or other such equipment
				clean.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.48. Failing to use a disposable cover on
				the head of a client who is trying on a hairpiece or to clean and label used
				hair goods as "used" prior to resale.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.49. Having pets in shops, other than fish
				in an aquarium.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.50. Failing to have washable, non-absorbent
				surfaces on all equipment in all areas of a shop in which hair design, facial
				technology or manicure services are performed.
1st offense: Warning
2nd offense: $100.00
3rd offense: $200.00
2.51. Failing to keep a shop shampoo bowl or
				sink clean.
1st offense: Warning
2nd offense: $100.00
3rd offense: $200.00
2.52. Failing to keep equipment in a shop,
				including upholstery fabrics, clean and in good repair.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.53. Failing to have washable, non-absorbent
				floor surfaces in the area(s) of a shop in which hair design, facial technology
				or manicure services are performed.
1st offense: Warning
2nd offense: $100.00
3rd offense: $200.00
2.54. Allowing hair clippings to accumulate
				on a licensed facility floor or failing to dispose of hair clippings in a
				proper container.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.55. Failing to keep a licensed facility's
				walls, floors, base boards, and ceiling clean and free of excessive spots,
				mildew, scuff marks, gathered dirt, mold, condensation or peeling paint.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.56. Performing barbering, cosmetology,
				aesthetics or manicure services while suffering from a diagnosed communicable
				disease or condition in a transmittable form:
Immediate suspension until the disease or condition is no
				  longer communicable
2.57.
				Treating any disease or knowingly serving any client suffering from a
				communicable disease or condition.
1st offense: $250.00
2nd offense: $500.00
3rd offense: The Board shall summon the practitioner to
				  appear before the Board for the assessment of a fine and/or the proposed
				  revocation, suspension or refusal to issue a certificate and/or shop
				  license.
2.58. Performing
				barbering, cosmetology, facial technology or manicure services without washing
				one's hands prior to serving each client.
1st offense: Warning
2nd offense: $25.00
3rd offense: $50.00
2.59. Failing to store chemicals safely to
				avoid fire, explosion and/or bodily harm to clients and practitioners.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.60. Failing to mix chemicals in a
				dispensing area.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.61. Mixing chemicals near an open flame or
				other potential source of ignition.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.62. Failing to maintain a sanitary and
				clean facility free of insects.
1st offense: Warning
2nd offense: $100.00
3rd offense: $300.00
2.63. Failing to provide continuing education
				documentation from an approved venue by the Board.
1st offense: License not renewed plus pay all applicablelate
				  fees
2nd offense: License not renewed plus pay all applicable late
				  fees and the board shall summon the practitioner to appear before the Board for
				  assessment of a fine and any other penalties allowed by law including refusal
				  to issue license.
2.64.
				Failing to renew Booth Rental Certificate annually.
1st offense: $10.00 for individual; $50.00 for the
				  establishment
2nd offense: $50.00 for individual; $100.00 for the
				  establishment
3rd offense: The board shall summon the practitioner and/or
				  shop owner to appear before the Board for assessment of a fine and any other
				  penalties allowed by law including refusal to issue license.
2.65. Failing for a shop or shop owner to
				provide proper/required documentation of an electrical inspection 30 days after
				conditional shop opening approval pending certain documentation.
Each Offense: Closure of shop until electrical certificate is
				  provided
2.66. Failing to
				provide a list of current booth renters to the Board office yearly with the
				shop renewal.
1st offense: Warning and license not renewed until list
				  provided
2nd offense: $100.00 and license not renewed until list
				  provided
3rd offense: The board shall summon the practitioner and/or
				  shop owner to appear before the Board for assessment of a fine and any other
				  penalties allowed by law including refusal to issue license.
2.67. Failing to post individual license
				and/or photo identification card at the work station the individual is
				currently working.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.68. Failing to discard files after each
				use.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00
2.69. Failing to use clean towel (terry or
				paper) on manicure table for each client.
1st offense: Warning
2nd offense: $50.00
3rd offense: $100.00