D.C. Mun. Regs. tit. 17, r. 17-3727

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 17-3727 - ENFORCEMENT AND PENALTIES

3727.1

The Director of the Department of Consumer and Regulatory Affairs, the Fire Chief, the Department of Health, the Chief of Police, and the Board of Barber and Cosmetology shall inspect or otherwise investigate every licensed salon or shop and any building or part of a building for which a salon or shop application has been filed with the District as follows:

(a) The Director of Consumer and Regulatory Affairs shall determine conformity with the applicable provisions of laws and regulations enforced by the Department;

(b) The Fire Chief shall require that the building or part of the building shall comply with the applicable provisions of the laws and regulations relating to fire prevention and control;

(c) The Director of the Department of Health shall require that the premises comply with the applicable provisions of other laws and regulations relating to public health;

(d) The Chief of Police shall require that the licensees comply with the applicable provisions of the laws and regulations enforced by the Metropolitan Police Department; and

(e) The Board of Barber and Cosmetology shall determine conformity with the applicable provisions of laws and regulations relating to the practices of barbering and cosmetology.

3727.2

The applicant or licensee shall take appropriate action to ensure access to all parts of the premises for the purpose of facilitating inspection.

3727.3

Failure to allow and facilitate inspections by applicants or licensees shall be cause for withholding issuance of a new license, or the revocation or suspension of an existing license.

3727.4

Each license issued under the authority of this chapter shall be subject to revocation, suspension, or cancellation for failure by the licensee to comply with these regulations or;

(a) For gross malpractice;

(b) For practicing while under the influence of alcohol and/or while under the influence of any controlled substance or dangerous drug as defined in the Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901 et. seq.) (2001) without a prescription;

(c) For obtaining a license by fraud or misrepresentation;

(d) If the licensee is disciplined by a disciplinary authority in another jurisdiction or is convicted or disciplined by a court in any jurisdiction for conduct that would be grounds for disciplinary action under this section;

(e) Willfully misrepresents what services he or she may perform or tries to perform services beyond the scope authorized by the license;

(f) Aids in the unauthorized practice of barbering or cosmetology;

(g) Fails to pay civil fines imposed under this chapter;

(h) Refuses to provide service for which he or she is licensed to any person for reasons prohibited by the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code 2-1401.01 et seq.) (2001), as amended, or any other District of Columbia or United States Federal Government anti-discrimination rule, regulation or Act; or

(i) Fails to pay the applicable license fees.

3727.5

Any person who fails to comply with any provision of this chapter, violates a valid order of the Board, or violates a consent decree entered into with the Board shall, upon conviction, be punished by a fine not to exceed five thousand dollars ($5000) or by imprisonment not to exceed ninety (90) days, for each failure to comply.

3727.6

Nothing in this chapter shall prevent the Director and Board from, in any circumstance, pursuing additional penalties as allowed under D.C. Official Code § 47-2853.17 (2001) or under Title 22 of the District of Columbia Official Code, if applicable.

3727.7

In the event of any failure to comply with the provisions of this chapter, each day of the failure shall constitute a separate offense, and the penalties prescribed in § 3727.3 and § 3727.5 shall be applicable to each separate offense.

3727.8

The violation of any of the provisions of this chapter or the failure to comply with any of the requirements of this chapter shall be cause for the institution of proceedings as provided for in chapter one of these regulations.

D.C. Mun. Regs. tit. 17, r. 17-3727

Final Rulemaking published at 50 DCR 7699 (September 12, 2003)