California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 9 - Board of Barbering and Cosmetology
Article 11 - Administrative Fines and Citations
Section 974 - Schedule of Administrative Fines
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(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.
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).
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.
