Current through all regulations passed and filed through December 16, 2024
(A) To better protect the general public and
to ensure compliance with Chapters 4709. and 4713. of the Revised Code and the
rules promulgated thereunder, the board may inspect or investigate the
following:
(1) Any salon, barber shop,
school, tanning facility, continuing education provider or location in which
the practice of cosmetology or barbering is practiced or taught, or tanning
takes place;
(2) Any licensee,
boutique services registration holder, or permit or certificate holder; or
(3) Any person acting as a
licensee, boutique services registration holder, or permit or certificate
holder.
(B) The
inspector may inspect or investigate persons holding a license, boutique
services registration, or permit or certificate, or the facilities in which the
licensee holders, boutique services registration holders, and permit or
certificate holders work without prior notice in order to ensure compliance
with the board's laws and rules.
(1) Salons,
barber shops, schools, and tanning facilities shall be inspected at least once
every two years.
(a) When an inspector finds
violations, the inspector shall do a follow-up inspection to determine if the
licensee, permit holder, or boutique services registration holder has corrected
the violations.
(2) The
salon, barber shop, school, or facility to be inspected shall be randomly
chosen; and
(3) Assignments to
inspect salons, barber shops, schools, and facilities shall be made according
to the policy of the board.
(4) The
board inspectors shall make reasonable inspections or investigations during the
normal business hours of the salon, barber shop, school or tanning facility or
at the location where a branch of the cosmetology or barbering profession is
being practiced or demonstrated or taught.
(5) If the salon, barber shop, school,
tanning facility, or other location is "open for business" or has no hours of
operation posted, the inspector may conduct an inspection or investigation
whether the doors are locked or unlocked.
(C) If a complaint is filed, an inspector
shall be assigned to investigate the complaint.
(D) After any inspection or investigation,
the inspector shall issue a report
of the inspection or investigation on forms provided by
the board.
(1)
The inspector shall sign the report.
(2) The owner, manager,
or individual authorized by the owner to sign shall also sign the
report.
(3) A copy of the
report shall be left with or electronically-mailed to the owner, manager, or
the individual authorized to physically sign or electronically sign the
document. Inspection reports that are electronically-mailed shall be mailed to
the electronic mailing address of record.
(4) The report shall be
made available by the facility upon request. Each facility
shall post a board-approved notice, in a position easily seen by the customers
of the facility, that explains how an individual may obtain a copy of the
facility's inspection reports.
(5) Should the
inspector find violations committed by individuals in the facility, the
individuals shall be issued
a separate inspection or
investigation report that complies with the
requirements of paragraphs (D) to (D)(3) of this rule.
(E) Persons being investigated or
inspected shall cooperate with the board inspector or investigator.
(F) Should the board decide to issue a notice
of hearing or opportunity for hearing based upon the cited violations, the
board shall follow the procedure for administrative hearings as set forth in
Chapter 119. of the Revised Code.
(1) Any
fines or other punishment shall be as authorized in Chapters 4709. and 4713. of
the Revised Code.
(2) A notice of
violation shall be sent to the salon or barber shop owner or school director,
as well as to the salon, barber shop, individual licensee, boutique services
registration holder, permit or certificate holder, or unlicensed individual
cited for violations.
(G) The board grants the authority to the
executive director to oversee the inspection and investigation process and to
initiate disciplinary proceedings pursuant to Chapters 4709. and 4713. of the
Revised Code for any violation of Chapters 4709. and 4713. of the Revised Code
and the rules promulgated thereunder, including taking the following actions:
(1) To issue notices of hearing and
opportunity for hearing in accordance with Chapter 119. of the Revised Code,
and
(2) To oversee any disciplinary
proceedings permitted in Chapters 4709. and 4713. of the Revised Code against
licensed persons, boutique services registration holders, or unlicensed
individuals practicing cosmetology, a branch of cosmetology, or barbering,
individuals operating a tanning facility, or continuing education or tanning
operator certificate provider for failing to follow the law and rules of the
board.
Five Year Review (FYR) Dates:
3/18/2022 and
03/10/2027
Promulgated
Under:
119.03
Statutory Authority:
4709.05(C),
4709.05(E)(6),
4709.05(H),
4709.13,
4709.14,
4713.07(A)(11),
4713.08(A)(1),
4713.08(A)
(15),
4713.08(A)(17),
4713.08(A)(20)
Rule Amplifies:
4709.02,
4709.05,
4709.09,
4709.10,
4713.06,
4713.07(A)(2),
4713.07(A)(11),
4713.13,
4713.14,
4713.35,
4713.41,
4713.44,
4713.45,
4713.48,
4713.64,
4713.641,
4713.66
Prior Effective Dates: 01/02/1987, 10/23/1992, 10/16/2000,
11/01/2013, 04/03/2017, 02/21/2019,
07/05/2020
