61G5-30.006 Notice of Non Compliance. (1) In accordance with Section 455.225(3), F.S., when a complaint is received, the agency may provide a licensee with a notice of non compliance for an initial offense of a minor violation. Failure of a licensee to take action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings. “Minor violations” as used in Section 455.225(3), F.S., are defined as follows: (a) Violations of Rule 61G5-20.004, F.A.C. (b) Violations of subsection 61G5-18.011(1), F.A.C., in failing to maintain a copy of his or her certificate of course completion in instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Violations of paragraph 61G5-20.008(2)(a), F.A.C., in failing to retain copies of an employee’s high school diploma or G.E.D. equivalency certificate and cosmetology school diploma or certificate of completion. (d) An initial offense and no other violations of Rule 61G5- 20.002, F.A.C. (2) In accordance with Section 120.695, F.S., the agency shall issue a notice of non compliance as first enforcement action against a licensee for a minor violation of a rule. Pursuant to Section 120.695(2)(b), F.S., the Board designates the following rules for which a violation would be a minor violation of a rule for which a notice of non compliance is issued: (a) Violations of Rule 61G5-20.004, F.A.C. (b) Violations of subsection 61G5-18.011(1), F.A.C., in failing to maintain a copy of his or her certificate of course completion in instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Violations of paragraph 61G5-20.008(2)(a), F.A.C., in failing to retain copies of an employee’s high school diploma or GED equivalency certificate and cosmetology school diploma or certificate of completion. (d) An initial offense and no other violations of Rule 61G5- 20.002, F.A.C.
(b) Operating a salon with a delinquent license for more than six months but not more than seven months; and (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than six months but not more than seven months. (11) The Board hereby designates the following as citation violations, which shall result in a penalty of four hundred dollars ($400.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than seven months but not more than eight months; (b) Operating a salon with a delinquent license for more than seven months but not more than eight months; and (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than seven months but not more than eight months. (12) The Board hereby designates the following as citation violations, which shall result in a penalty of four hundred and fifty dollars ($450.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than eight months but not more than nine months; (b) Operating a salon with a delinquent license for more than eight months but not more than nine months; and (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than eight months but not more than nine months. (13) The Board hereby designates the following as citation violations, which shall result in a penalty of five hundred dollars ($500.00): (a) Practicing cosmetology or a specialty without a license; (b) Operating a salon without a license; (c) Employing a person to practice cosmetology or a specialty without a license; (d) Practicing cosmetology or a specialty with an inactive or expired license for more than nine months but not more than twelve months; (e) Operating a salon with a delinquent license for more than nine months but not more than twelve months; and (f) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than nine months but not more than twelve months. 61G5-30.005 Mediation. (1) “Mediation” means a process whereby a mediator appointed by the department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and non adversarial process with the objective of assisting the parties to reach a mutually acceptable agreement. (2) The Board finds that mediation is an acceptable method of dispute resolution for the following violations as they are economic in nature or can be remedied by the licensee: (a) Failure of the licensee to timely pay any assessed administrative fines or costs; (b) Failure of the licensee to timely respond to a continuing education audit; (c) Failure to submit change of address for a salon; and (d) Failure to timely notify the department of the licensee’s or registrant’s change of mailing address or place of practice. (3) A “mediator” means a person who is certified in mediation by the Florida Bar, the Florida Supreme Court, or the Division of Administrative Hearings.
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Book Code: CFL1024
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