(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; (8) The Board hereby designates the following as citation violations, which shall result in a penalty of two hundred and fifty dollars ($250.00): (a) Operating a salon without disinfecting solutions as required by paragraph 61G5-20.002(3)(d), F.A.C.; (b) Three violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002, F.A.C.; (c) Practicing cosmetology or a specialty with an inactive or expired license for more than four months but not more than five months; (d) Operating a salon with a delinquent license for more than four months but not more than five months; and (e) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than four months but not more than five months. (9) The Board hereby designates the following as citation violations, which shall result in a penalty of three hundred dollars ($300.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than five months but not more than six months; (b) Operating a salon with a delinquent license for more than five months but not more than six months; (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than five months but not more than six months; and (d) Four violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002, F.A.C. (10) The Board hereby designates the following as citation violations, which shall result in a penalty of three hundred and fifty dollars ($350.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than six months but not more than seven months; (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.
Book Code: NTFL1024
Page 34
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