49 Pa. Code § 43b.4

Current through Register Vol. 54, No. 44, November 2, 2024
Section 43b.4 - Schedule of civil penalties-barbers and barber shops

STATE BOARD OF BARBER EXAMINERS

Violation under 35 P.S.

Title/Description

Civil Penalty

Section 637.6(a)(1)

Failure of licensed barber shop or school to post a sign as required under section 4 of the Clean Indoor Air Act (35 P.S. § 637.4)

1st offense-$250

2nd offense (within 1 year of 1st offense)-$500

3rd offense (within 1 year of 2nd offense)-$1,000

Subsequent offenses (within 1 year of previous offense)-$1,000

Section 637.6(a)(2)

Barber shop permitting smoking in the barber shop or barber school permitting smoking in the barber school in violation of the Clean Indoor Air Act (35 P.S. §§ 637.1- 637.11)

1st offense-$250

2nd offense (within 1 year of 1st offense)-$500

3rd offense (within 1 year of 2nd offense)-$1,000

Subsequent offenses (within 1 year of previous offense)-$1,000

Section 637.6(a)(3)

Licensee of the Board smoking in a barber shop or in a barber school in violation of the Clean Indoor Air Act

1st offense-$250

2nd offense (within 1 year of 1st offense)-$500

3rd offense (within 1 year of 2nd offense)-$1,000

Subsequent offenses (within 1 year of previous offense)-$1,000

Violation under 63 P.S.

Violation under 49 Pa. Code Chapter 3

Title/Description

Civil Penalty

Section 551

N/A

Practicing withouta license

1st offense-$500

2nd offense-Formal action

Section 557

Section 3.13(a)

Availability of current license on premises

1st offense-$150

2nd offense-$500

N/A

Section 3.15(a)

Practicing on a lapsed or expired (unregistered) license

1st offense-Up to 90 days-Warning; 90 days to 1 year-$250; 1 year to 2 years-$500; over 2 years-$1,000

2nd offense-Formal action

N/A

Section 3.15(a)

Operating a shop or school on a lapsed or expired (unregistered) license

1st offense-Up to 90 days-Warning; 90 days to 1 year-$250; from 1 year to 2 years-$500; over 2 years-$1,000

2nd offense-Formal action

Section 559(a)(6)

Section 3.14(a)

Failure to employ licensed persons

1st offense-$500 for each individual unlicensed barber

2nd offense-Formal action

Section 560

Section 3.51(a)

Opening shop for business before shop inspected and approved

1st offense-$200

2nd offense-Formal action

Section 560

Section 3.51(a)

Failure to file application when taking over as owner of an existing shop

1st offense-$500

2nd offense-Formal action

Section 562

N/A

Operating a shop without supervision of designated manager barber or other designated licensee

1st offense-$250

2nd offense-Formal action

Section 562(a)(1)

N/A

Operating a shop or school without a license

1st offense-$500

2nd offense-Formal action

Section 560

Section 3.51(a)

Failure to obtain a new shop license when shop moves

1st offense-$500

2nd offense-Formal action

Section 563(a)

Section 3.14(b)

Licensee practicing in place other than licensed shop

1st offense-$500

2nd offense-Formal action

N/A

Section 3.51(b)

Failure to register trade name

1st offense-$100

2nd offense-Formal action

N/A

Section 3.54

Failure to meet minimum equipment requirements

1st offense-$100

2nd offense-Formal action

N/A

Section 3.55

Failure to meet minimum maintenance and sanitation requirements

1st offense-$100

2nd offense-Formal action

N/A

Section 3.85

School equipment does not meet requirements

1st offense-$100

2nd offense-Formal action

N/A

Section 3.86

School maintenance and sanitation requirements not met

1st offense-$250

2nd offense-Formal action

N/A

Section 3.89

School advertising requirements not met

1st offense-$250

2nd offense-Formal action

49 Pa. Code § 43b.4

The provisions of this §43b.4 amended December 22, 2006, effective 12/23/2006, 36 Pa.B. 7833; amended December 21, 2012, effective 12/22/2012, 42 Pa.B. 7673; corrected January 31, 2014, effective 12/23/2006, 44 Pa.B. 597.