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§ 974. Schedule of Administrative Fines.

16 CA ADC § 974BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 9. Board of Barbering and Cosmetology
Article 11. Administrative Fines and Citations
16 CCR § 974
§ 974. Schedule of Administrative Fines.
(a) An administrative fine may be assessed for violations of the specified sections of the Business and Professions Code (BPC) and of Division 9 of Title 16 of the California Code of Regulations as follows (in dollars):
For purposes of BPC
section 7407.1, fine
Section
1st Violation
2nd Violation
3rd Violation
applies to the:
Waivable
7313. Access to Establishment for
Inspection
250
500
750
Holder of the establishment
license
No
7317. Unlicensed Establishment
500
1,000
1,000
No
7317. Unlicensed Individual
1,000
1,000
1,000
No
7317. Expired Establishment License
250
300
500
Holder of the establishment license
No
7317. Expired Individual License
250
300
500
Individual licensee
No
7317. Individual Working in an
Expired Establishment
25
50
100
Individual licensee
No
7317. Individual Working in an
Unlicensed Establishment
250
300
500
Individual licensee
No
7320. Practice of Medicine
1,000
1,000
1,000
Holder of the establishment
license; fine also applies to the
individual licensee when the
individual licensee can be
determined and is present
No
7320.1. Use of Illegal Metal Tools
250
500
500
Holder of the establishment
license; fine also applies to the
individual licensee when the individual
licensee can be determined and is present
No
7320.2. Illegal Treatment Methods
500
500
500
Holder of the establishment
license; fine also applies to the individual
licensee when the individual licensee
can be determined and is present
No
7336. No Supervision of Apprentice
100
150
200
Individual licensee
No
7348. No Licensee in Charge of
Establishment
100
150
200
Holder of the establishment license
No
7349. Employing Unlicensed Persons
1,000
1,000
1,000
Holder of the establishment license
No
7349. Employing Unlicensed Persons
- Expired License
250
300
500
Holder of the establishment license
No
7349.1. Illegal Use of a Barber Pole
25
50
100
Holder of the establishment license
No
7350. Establishment Residential
Use/Entrance/Prohibited Use
50
100
150
Holder of the establishment license
No
7351. Restroom Requirement
- Clean/Storage/Floor/Vented
50
100
150
Holder of the establishment license
No
7352. No Soap/Towels or Air Hand
Dryers in Hand Washing Facilities
50
100
150
Holder of the establishment license
No
7353.4. Labor Rights Notice Not Posted
50
100
150
Holder of the establishment license
No
7358. No Licensee in Charge of
Mobile Unit
100
150
200
No
7359. Employing Unlicensed Person
in Mobile Unit
1,000
1,000
1,000
No
7360. Mobile Unit - Residential/
Prohibited Use
50
100
150
No
7400. No Change of Address Notice
Filed
50
100
150
Individual licensee
No
7404(l)
1,000
1,000
1,000
Holder of the establishment
license; fine may also apply to the
individual licensee when the
individual licensee is solely responsible
for interfering with an inspection
No
904(d). No Photographic Identification
Available
50
100
150
Individual licensee
No
905. Consumer Info. Not Posted
50
100
150
Holder of the establishment license
No
920. Apprentice Training Records Not
Available/Incomplete
100
150
200
Individual licensee
No
965. Display of Licenses
50
100
150
Holder of the establishment
license when an establishment license
is not conspicuously posted in the
reception area; fine applies to the
individual licensee and the holder
of the establishment license
when the individual's license
is not conspicuously posted at his
or her primary work station
No
978(a)(1), (a)(2),(a)(3), (a)(4). Receptacles,
Cabinets and Containers
50
100
150
Holder of the establishment license
No
978(a)(5). Insufficient Disinfectant in
Container for Total Immersion
100
150
200
Holder of the establishment license
No
978(a)(6). No Steam/Dry Heat Sterilizer
for Electrology Tools
500
1,000
1,500
Holder of the establishment license
No
978(b). No Disinfectant Solution
Available for Use
250
300
500
Holder of the establishment license
No
978(c). No Manufacturer-Labeled
Container for Disinfectant
250
300
500
Holder of the establishment license
No
979. Disinfecting Non-Electrical
Tools and Equipment
100
250
500
Individual licensee when
the individual licensee can be
determined and is present; fine applies to
the holder of the establishment license
when the individual licensee cannot be
determined or is not present, or
the violation has been found
repeatedly in the establishment
No
980(a). Incorrect Disinfection of
Electrical Items
100
250
500
Individual licensee when
the individual licensee can be determined
and is present; fine applies to the holder
of the establishment license when the
individual licensee cannot be determined
or is not present, or the violation has been
found repeatedly in the establishment
No
980(b). Incorrect Storage of Electrical
Disinfected Items
50
100
150
Individual licensee when the
individual licensee can be determined
and is present; fine applies to the holder
of the establishment license when the
individual licensee cannot be determined
or is not present, or the violation has
been found repeatedly in the establishment
No
980(c). Incorrect Storage of Soiled
Electrical Tools
50
100
150
Individual licensee when the
individual licensee can be determined
and is present; fine applies to the holder
of the establishment license when the
individual licensee cannot be determined
or is not present, or the violation has
been found repeatedly in the establishment
No
980.1. Incorrect Disinfection of
Pedicure Spas (Per Chair)
500
500
500
Holder of the establishment
license; fine may also apply to the
individual licensee when the
individual licensee can be determined
and is present
No
980.1(c)(7). 980.1(d)(8). 980.1(e)(4).
Incorrect/Missing Log
100
150
200
Holder of the establishment
license; fine may also apply to the
individual licensee when the individual
licensee can be determined and is present
No
980.1(g). Failure to List Chair as
“Not in Service” in Log; No Sign
Displayed on Chair
50
100
150
Holder of the establishment
license; fine may also apply to the
individual licensee when the individual
licensee can be determined and is present
No
980.2. Incorrect Disinfection of
“Pipeless” Footspas (Per Unit)
500
500
500
Holder of the establishment
license; fine may also apply to the
individual licensee when the individual
licensee can be determined and is present
No
980.2(b)(7). 980.2(c)(6). 980.2(d)(3).
Incorrect/Missing Log
100
150
200
Holder of the establishment
license; fine may also apply to the
individual licensee when the individual
licensee can be determined
and is present
No
980.2(f). Failure to List Chair as
“Not in Service” in Log; No Sign
Displayed on Chair
50
100
150
Holder of the establishment
license; fine may also apply to the
individual licensee when the
individual licensee can be
determined and is present
No
980.3. Incorrect Disinfection of
“Non-Whirlpool Foot Basin” (Per
Unit)
100
150
200
Holder of the establishment
license; fine may also apply to the
individual licensee when the
individual licensee can be
determined and is present
No
980.3(b)(6). Incorrect/Missing Log
50
100
150
Holder of the establishment
license; fine may also apply to the
individual licensee when the individual
licensee can be determined and is present
No
980.3(e). Improper Storage of Basins
or Tubs
50
100
150
Holder of the establishment
license; fine may also apply to the
individual licensee when the individual
licensee can be determined
and is present
No
980.4. Incorrect Disinfection of foot
basin or tub after use of disposable liner
500
500
500
Holder of the establishment
license; fine may also apply to the
individual licensee when the
individual licensee can be
determined and is present
No
980.4(a)(2). Incorrect/Missing Log
50
100
150
Holder of the establishment
license; fine may also apply to the
individual licensee when the individual
licensee can be determined
and is present
No
980.4(a)(4). Failure to Maintain Supply
of Five (5) Disposable Liners per
Foot Tub Basin
250
300
500
Holder of the establishment license
No
981(a). No Disposal of Non-Disinfected
Items
100
150
200
Individual licensee when the
individual licensee can be determined
and is present; fine also applies to the holder
of the establishment license when the
individual licensee cannot be determined
or is not present, or the violation has been
found repeatedly in the establishment
No
981(b). Improper Storage of New
Supplies and Disposable tools
50
100
150
Individual licensee when the
individual licensee can be determined
and is present; fine also applies to the holder
of the establishment license when the
individual licensee cannot be determined
or is not present, or the violation has been
found repeatedly in the establishment
No
981(c). Carry Tools or Supplies in or
on Garments
50
100
150
Individual licensee
No
982. Incorrect Sterilization of
Electrology Tools
100
150
200
Individual licensee when the individual
licensee can be determined and is present;
fine also applies to the holder of the
establishment license when the individual
licensee cannot be determined or is not
present, or the violation has been found
repeatedly in the establishment
No
983. Personal Cleanliness
50
100
150
Individual licensee
No
984(a). Allow Licensee with
Infectious/Communicable Disease to
Work on Person
100
250
500
Holder of the establishment licensee
No
984(b). Allow or Require a Licensee
to Work on Person with
Infectious/Communicable Disease
100
250
500
Holder of the
establishment license
No
984(e). Performing Services on
Inflamed, Broken, Infected or
Erupted Skin or Scalp Surface/Working
without Gloves when Skin on Hands
Is Inflamed, Broken, Infected
or Erupted
100
250
500
Individual licensee
No
985. No Use of Neck Strips or Towel
50
100
150
Individual licensee
No
986. Neck Dusters/Brushes Not Clean
or Sanitary
50
100
150
Individual licensee when the individual
licensee can be determined and
is present; fine also applies to the
holder of the establishment license
when the individual licensee cannot
be determined or is not present, or the
violation has been found repeatedly
in the establishment
No
987. Towels
50
100
150
Individual licensee when the
individual licensee can be determined
and is present; fine also applies to the
holder of the establishment license when
the individual licensee cannot be determined
or is not present, or the violation has been
found repeatedly in the establishment
No
988. Liquids, Creams, Powders and
Cosmetics
50
100
150
Individual licensee when the
individual licensee can be determined
and is present; fine also applies to the
holder of the establishment license when
the individual licensee cannot be determined
or is not present, or the violation has been
found repeatedly in the establishment
No
989. Prohibited Hazardous
Substance/Use of Product
500
500
500
Holder of the establishment license
No
990. Headrests and Treatment Tables
50
100
150
Individual licensee when the
individual licensee can be determined
and is present; fine also applies to the
holder of the establishment license when
the individual licensee cannot be determined
or is not present, or the violation has been
found repeatedly in the establishment
No
991. Performing Invasive Procedures
500
500
500
Individual licensee when the
individual licensee can be determined
and is present; fine also applies to the
holder of the establishment license when
the individual licensee cannot be determined
or is not present, or the violation has been
found repeatedly in the establishment
No
992. Perfoming Invasive Skin
Exfoliation/Dermis
500
500
500
Individual licensee when the
individual licensee can be determined
and is present; fine also applies to the holder
of the establishment license when the
individual licensee cannot be determined
or is not present, or the violation has been
found repeatedly in the establishment
No
993. Prohibited Tools
300
400
500
Holder of the establishment license
No
994. Cleanliness and Repair
50
100
150
Holder of the establishment license
No
995(b), (c), (d), (e). Plumbing Standards
50
100
150
Holder of the establishment license
No
(b) A violation indicated in subdivision (a) as not waivable means that the Board, in its discretion, has determined that the violation cannot be corrected pursuant to Business and Professions Code section 7407, and therefore that the fine for the first violation may not be avoided as provided for in Business and Professions Code section 7409.
Note: Authority cited: Sections 7312, 7406 and 7407, Business and Professions Code. Reference: Sections 7353.4, 7406, 7407, 7407.1 and 7409, Business and Professions Code.
HISTORY
1. New article 11 and repealer and new section filed 10-24-94; operative 11-23-94 (Register 94, No. 43). For prior history, see Register 84, No. 28.
2. Amendment of table filed 12-19-95; operative 1-18-96 (Register 95, No. 51).
3. Amendment of subsection (a) filed 12-2-96; operative 1-1-97 (Register 96, No. 49).
4. Editorial correction of Note (Register 98, No. 2).
5. New footnote to subsection (a) filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
6. Amendment of table and addition of second footnote to subsection (a) filed 4-23-98; operative 5-23-98 (Register 98, No. 17).
7. Amendment of table filed 5-16-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
8. Amendment of table refiled 9-13-2001 as an emergency; operative 9-13-2001 (Register 2001, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-11-2002 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 5-16-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 3).
10. Amendment of table refiled 1-14-2002 as an emergency; operative 1-14-2002 (Register 2002, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-14-2002 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 1-14-2002 order transmitted to OAL 4-16-2002 and filed 5-29-2002 (Register 2002, No. 22).
12. Amendment of table and repeal of footnotes filed 1-10-2007; operative 2-9-2007 (Register 2007, No. 2).
13. Amendment of subsection (a) filed 3-24-2008; operative 4-23-2008 (Register 2008, No. 13).
14. Amendment of section and Note filed 8-17-2011; operative 9-16-2011 (Register 2011, No. 33).
15. Amendment of subsection (a) filed 4-4-2016; operative 7-1-2016 (Register 2016, No. 15).
16. Amendment of section and Note filed 11-13-2019; operative 1-1-2020 (Register 2019, No. 46).
This database is current through 6/10/22 Register 2022, No. 23
16 CCR § 974, 16 CA ADC § 974
End of Document