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§ 974. Schedule of Administrative Fines.

16 CA ADC § 974Barclays Official California Code of Regulations

Barclays California Code of Regulations
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):
Section
1st Violation
2nd Violation
3rd Violation
For purposes of BPC section 7407.1, fine 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). Interference with Inspection
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 license
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. Performing 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.

Credits

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 11/11/22 Register 2022, No. 45.
Cal. Admin. Code tit. 16, § 974, 16 CA ADC § 974
End of Document