(2) VIOLATION
PENALTY RANGE For first and subsequent offenses unless otherwise indicated. A fine of $500 and/or suspension for up to six months for the first or second offense. For subsequent offenses including up to revocation.
(w) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (Section 455.227(1)(r), F.S.) (x) Violate or refuse to comply with any provision of Chapter 455, F.S., except as otherwise provided herein. (Section 477.029(1)(i), F.S.) (y) Violate or refuse to comply with any provision of Chapter 477, F.S., or a rule of the Board except as otherwise provided herein. (Section 477.029(1)(i), F.S.)
A fine of $500 and/or suspension, revocation, or refusal to certify to the department for licensure.
A fine of $300 for the first violation. A fine of $500 and/or suspension for up to 30 days for any subsequent violation. A fine of $500 and/or suspension or revocation of license or registration for a third or subsequent violation.
(3) Based upon consideration of the following factors, the Board may impose disciplinary action other than the penalties recommended above: (a) The danger to the public; (b) The length of time since date of violation; (c) The number of complaints filed against the licensee; (d) The length of time licensee or registrant has practiced; (e) The actual damage, physical or otherwise, caused by the violation; (f) The deterrent effect of the penalty imposed; (g) The effect of the penalty upon the licensee’s or registrant’s livelihood; (h) Any efforts for rehabilitation; (i) The actual knowledge of the licensee or registrant pertaining to the violation; (j) Attempts by licensee or registrant to correct or stop violations or refusal by licensee or registrant to correct or stop violations; (k) Related violations against a licensee or registrant in another state including findings of guilt or innocence, penalties imposed and penalties served; (l) Actual negligence of the licensee or registrant pertaining to any violations; (m) Penalties imposed for related offenses under subsection (1), above; (4) Penalties imposed by the Board pursuant to Rule 61G5-30.001, F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below: (a) Issuance of a reprimand or censure. (b) Imposition of an administrative fine not to exceed $500 for each count or separate offense. (c) Placement on probation for a period of time and subject to such reasonable conditions as the Board may specify. (d) Revocation or suspension of any license or registration issued pursuant to Chapter 477, F.S. (e) Refusal to certify to the Department an applicant for licensure or registration. (5) The provisions of subsections (1) through (5), above, shall not be construed so as to prohibit civil action or criminal prosecution as provided for in Sections 477.0265(2) or 477.031, F.S., and the provisions of subsections (1) through (5), above, shall not be construed so as to limit the ability of the Board to enter into binding stipulations with accused parties as per Section 120.57(3), F.S. (6) In every case the Board imposes a monetary fine, it shall also suspend the Respondent’s license(s). However, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the Board’s final order in accordance with Rule 61G5-17.016, F.A.C. If the fine is paid within that time period, the suspension shall not take effect; if the fine is not paid within that time period, then the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted. 61G5-30.004 Citations. (1) Definitions. As used in this rule; (a) “Citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule; (b) “Subject” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Section 455.225, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation. (3) Citations shall be issued for the first offense violations only. (4) The Board hereby designates the following as citation violations, which shall result in a penalty of fifty dollars ($50.00): (a) Except as otherwise provided herein, any violation of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002, F.A.C. – however, if it is an initial offense and there are no other violations, then the subject shall be given a Notice of Noncompliance; (b) Practicing cosmetology or a specialty with an inactive or expired license for one month or part of a month; (c) Operating a salon with a delinquent license for one month or part of a month; (d) Employing a person to practice cosmetology or a specialty with an inactive or expired license for one month or part of a month. (e) Unless otherwise permitted in Chapter 477, F.S., performing cosmetology services in a salon which does not have a license in violation of Section 477.0263(1), F.S. (5) The Board hereby designates the following as citation violations, which shall result in a penalty of one hundred dollars ($100.00): (a) Transferring ownership or changing location of a salon without the approval of the Department pursuant to Rule 61G5- 20.006, F.A.C., provided the transfer of ownership or change of location has not exceeded 90 days and the salon owner can provide proof that a completed application has been filed with the Department; (b) Practicing cosmetology or a specialty with an inactive or expired license for more than one month but not more than two months; (c) Operating a salon with a delinquent license for more than one month but not more than two months; (d) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than one month but not more than two months; (e) Two violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002, F.A.C. (6) The Board hereby designates the following as citation violations, which shall result in a penalty of one hundred and fifty dollars ($150.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than two months but not more than three months; (b) Operating a salon with a delinquent license for more than two months but not more than three months; (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than two months but not more than three months. (7) The Board hereby designates the following as citation violations, which shall result in a penalty of two hundred dollars ($200.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than three months but not more than four months; (b) Operating a salon with a delinquent license for more than three months but not more than four months; (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than three months but not more than four months;
Book Code: EFL1024
Page 42
EliteLearning.com/Cosmetology
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