Texas Occupations Code, Chapter 1601
Texas Occupations Code, Chapter 1603
16 Texas Administration Code, Chapter 82

Class A:

1st Violation: $400
2nd Violation: $700 to $1,000
3rd Violation: $1,300 to $1,800

POSTING AND PUBLIC INFORMATION VIOLATIONS

• Failure to display a barber school or student permit 1601.551, 82.73(b)
• Failure to display a copy of the sanitation rules in a conspicuous place 1601.552
• Failure to place barber school signs in the proper locations with the proper wording 1601.553
• Failure to maintain an attendance book showing a record of the barber school students' daily attendance or to present the attendance book for Department inspection 1601.559
• Failure to notify consumers and service recipients of the name, mailing address, and telephone numbers of the Department for purposes of directing complaints to the Department 60.200(c)
• Failure to have a photographs attached to both portions of a student's permit 82.72(k)
• Failure of school to display album containing the permits, with picture attached, of each student in alphabetical order 82.72(l)
• Failure to post the last inspection report in public view 82.72(x)
• Failure to keep all products used in the conduct of business properly labeled in compliance with OSHA requirements 82.102(n)

VIOLATIONS IN OPERATING A SCHOOL

• Failure of barber school to issue law and rulebooks and/or textbooks to student within seven days of enrollment 82.72(d), 82.72(e)
• Failure of barber school to issue a student all required personal tools within 30 days of enrollment 82.72(f)
• Allowing a barber school student to take instruction or accrue practical work hours without personal tools 82.72(g)
• Allowing a barber school student whose permit is not displayed in the album to accrue practical work or theory hours 82.72(l)
• Failure to make monthly progress report available for Department and/or student inspection 82.72(w)

ADMINISTRATIVE VIOLATIONS

• Failure to notify the Department at least 10 days before a change of ownership of a barber school 1601.554(a)
• Failure by a barber school to provide required reports to the Department regarding course completions rates, job placement rates, and employment rates 1601.561(c)
• Failure to pay the costs of a peer review 1601.606(d)
• Failure to notify the Department in writing of any name change of the school within thirty days of the change 82.72(t)
• Failure to maintain a current mailing address on file with the Department and to notify the Department within thirty days following the change of mailing address 82.72(u), 82.73(c)
• Failure to submit an electronic record of a student's accrued hours at least once per month 82.72(v)
• Failure to have the initial submission of a student's hours include all hours accrued at school 82.72(v)
• Failure of a barber school to electronically submit a student's withdrawal or termination to the Department within ten days 82.74(a)
• Failure to terminate a student who does not attend a barber curriculum for 30 days 82.74(a)
• Failure to notify the Department that a student has returned to the barber school or transferred from another school 82.74(b), 82.74(c)
• Failure of a barber school to send to the Department within seven days the student certificate and/or required information for a student that has transferred to another school 82.74(c)(2)

SANITATION VIOLATIONS

• Permitting a student to not wear a uniform or smock 82.72(q)
• Permitting a student to wear an unclean uniform or smock 82.72(q)

FACILITY AND EQUIPMENT VIOLATIONS

• Failure to comply with required floor material, include access to permanent restrooms and adequate drinking fountain facilities, and include adequate lighting 82.23(d)(1)
• Failure to have minimum required square footage 82.23(d)(2)
• Failure to have equipment sufficient to instruct 10 students 82.23(d)(3), 82.23(d)(6)
• Failure to have a sink at every two workstations 82.23(d)(4)
• Failure of a barber school to have one barber chair available for each student in attendance 82.72(c)
• Failure of school to have all required equipment for each student enrolled in a manicure course 82.72(h)(1)
• Failure of school to have all required equipment 82.72(h)(2)-(11)

Class B:

1st Violation: $600
2nd Violation: $900 to $1,200
3rd Violation: $1,500 to $2,000

VIOLATIONS IN OPERATING A SCHOOL

• Failure to provide required information to prospective student 1601.556
• Failure to publish a description of the refund policy 1601.563(c)
• Failure of a barber school to record a grade of incomplete upon request for a student who withdraws but is not entitled to a refund 1601.565(a)

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Failure to thoroughly clean floors in barber establishments each day 82.102(i)
• Failure to sweep up and deposit hair cuttings in a closed receptacle after each hair cut 82.102(i)
• Failure to empty all trash containers daily or keep clean by washing or using plastic liners 82.102(j)
• Failure to use a clean single-use cape or a sanitized towel/neck strip; cape unclean 82.102(o)
• Failure to have facial chair made of or covered in a non-porous material 82.104(c)
• Failure to have footspa chair made of or covered in a non-porous material 82.108(g)
• Failure to keep floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair; failure to repair or fill any cracks, holes, or other similar disrepair not readily accessible for cleaning to create a smooth, washable surface 82.114(a)
• Failure to have floors in areas where barber services are performed of a material which is not porous or absorbent and is easily washable; having carpet in unpermitted areas 82.114(b)
• Failure to keep plumbing fixtures clean and free from cracks and similar disrepair that cannot be readily accessible for cleaning 82.114(c)
• Storing chemical supplies in restroom 82.114(e)
• Preparing food or beverages on licensed premises for sale 82.114(f)
• Allowed animals in establishment 82.114(i)

Class C:

1st Violation: $1,000
2nd Violation: $1,300 to $1,600
3rd Violation: $1,900 to $2,400

FACILITY VIOLATIONS

• Permitting a person to sleep in a room used as part of a barber school 1601.555
• Teaching barbering in a room used as sleeping quarters 1601.555
• Failure to provide at least one restroom located on or near the premises of the establishment 82.114(e)
• Using a barbering establishment for living or sleeping purposes or any other purpose that would tend to make the premises unsanitary, unsafe, or endanger the health and safety of the public 82.114(h)
• Failure of a residential shop to maintain a separate and distinct entrance not open to living quarters 82.114(h)
• Door leading to living quarters not closed during business hours 82.114(h)

ADVERTISING VIOLATIONS

• Using 'barber' or similar terms in a business name without holding the appropriate certificate, license, or permit 1601.251(b)
• Creating an impression with the public that the person is qualified or authorized to practice barbering or own or manage a barbershop, specialty shop, or barber school when that person does not hold a license, permit, or certificate 1601.251(c)
• Knowingly making a false or deceptive statement in advertising 1603.401(3)
• Advertising, practicing, or attempting to practice under another person's name or trade name 1603.401(4)
• Advertising in the yellow pages under 'Barber' when not a barber school, licensed barber, barbershop, dual shop, mobile shop, or specialty shop 82.70(a), 82.72(o)
  

PRACTICING WITHOUT PROPER LICENSE OR INSPECTION

• Operating a barber school with an expired barber school permit 1601.351
• Instructing barbering with an expired instructor's certificate 1601.402(b)
• Failure to obtain Department approval before change of barber school location 1601.554(b)
• Failure to have a new or relocated barber school inspected and/or pay the inspection fee 1603.103(a), 82.23(c), 82.29(b), 82.51(a), 82.51(b)
• Failure to apply for a new establishment license after relocating 82.29(b)
• Failure to apply for a new school permit 10 days prior to change of ownership 82.72(a), 82.72(b)
• Failure to request a reinspection or pay a reinspection fee upon failing an initial inspection 82.51(f)

VIOLATIONS IN OPERATING A SCHOOL

• Charging additional tuition to a withdrawn student who received an incomplete before the fourth anniversary of the withdrawal 1601.565(b)
• Operating another business other than the teaching and practicing barbering on a barber school premises 82.72(n)
• Enrolling in an a instructor's course before receiving the appropriate license 82.120(a)

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Failure to store sterilized or sanitized instruments according to manufacturer's instructions 1603.352(c)
• Failure to keep chlorine bleach in a closed covered container not exposed to sunlight 82.101(b)(3)
• Placing or storing chlorine bleach near other chemicals or near flame 82.101(b)(5)
• Failure to dispose of used or soiled chlorine bleach solution each day 82.101(b)(6)
• Failure to keep alcohol in a covered container 82.101(c)(3)
• Failure to store in a clean, dry, debris-free environment, separate from soiled implements and materials, all cleaned and disinfected implements and materials when not in use 82.102(f)
• Failure to disinfect shampoo bowls and manicure tables prior to use for each client 82.102(h)
• Failure to clean facial chairs and beds, including headrest, prior to providing service to each client 82.104(c), 82.101(a), 82.102(a) & (c)
• Failure to clean and disinfect footspa chair prior to providing service to each client 82.108(g)

VIOLATIONS BY STUDENTS

• Student engaging in any act that constitutes dishonesty or misrepresentation of or relating to a student's hours accrued 82.73(a)

Class D:

1st Violation: $1,500
2nd Violation: $1,800 to $2,100
3rd Violation: $2,400 to $2,900 and/or up to 6-month full suspension

VIOLATIONS IN OPERATING A SCHOOL

• Implementing a barber school course length or curriculum content without approval of the Department and/or having a course of incorrect length 1601.557(a), 1603.351
• Failure by a barber school to have one qualified instructor for every 25 students 1601.560(a), 82.72(y)
• Failure to have at least one certified instructor for every three student instructors on the school premises 1601.560(b), 82.72(z)
• Booking a student instructor with customers 1601.560(b), 82.72(z)
• Allowing a student instructor to instruct without the assistance of a person holding a instructor's license 82.72(i)

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Failure to have liquid sanitizer at each workstation 82.23(d)(5)
• Failure to prepare fresh disinfectant solution daily or more often as needed, for immersion of implements 82.101(a)(3)
• Failure to use disinfectant in accordance with the manufacturers' recommendation or other guidance in the barber rules 82.101(a)(4)
• Failure to mix chlorine bleach solution daily at correct concentration 82.101(b)(2)
• Using isopropyl or ethyl alcohol at other than the required concentration 82.101(c)(1)
• Failure to discard single-use equipment, implements, tools or porous items after use on a single client 82.102(d)
• Failure to wipe clean and disinfect electrical equipment that cannot be immersed in liquid prior to each use on a client 82.102(e)
• Failure to have a container of liquid disinfectant located at each barber chair or station 82.102(g)
• Failure to use clean towels on each client 82.102(l)
• Failure to wash towels in hot water and chlorine bleach 82.102(l)
• Failure to remove soiled towels after use on each client and deposit in a suitable receptacle 82.102(m)
• Failure to have shop properly ventilated 82.114(g)

SANITATION VIOLATIONS- HAIR CUTTING, STYLING, TREATMENT AND SHAVING SERVICES

• Failure to properly clean and disinfect hair cutting, styling treatment and shaving equipment, implements, tools and materials prior to servicing each client 82.103(b), 82.101(a), 82.102(a) & (c)
• Failure to clean required implements and spray with either an EPA-registered disinfectant, alcohol, or bleach solution after each client 82.103(c), 82.101(a), 82.102(a) & (c)
• Failure to clean required implements at the end of each day of use by manually scrubbing with soap and water or adequate methods, and then disinfecting by complete immersion in an EPA-registered disinfectant, alcohol, or bleach solution 82.103(d), 82.101(a), 82.102(a) & (c)

SANITATION VIOLATIONS-MANICURE AND PEDICURE SERVICES

• Failure to clean and disinfect manicure and pedicure tools by manually brushing or otherwise removing all visible debris after each use, and then spraying with an EPA-registered disinfectant, alcohol, or bleach solution 82.106(f), 82.101(a), 82.102(a) & (c)
• Failure to discard buffer blocks or porous nail files after exposure to broken skin or unhealthy skin or nails 82.106(f)
• Using electric files, drills, or machines other than those specifically designed and manufactured for use in the professional nail industry 82.107(a)
• Failure to clean diamond, carbide, natural and metal bits after each use with a brush or ultrasonic cleaner, or by immersing in acetone 82.107(b), 82.101(a), 82.102(a) & (c)
  
• Failure to disinfect diamond, carbide, natural and metal bits by complete immersion in an appropriate disinfectant, and then sterilize, between clients 82.107(c), 82.101(a), 82.102(a) & (c)
• Failure to clean or replace buffing bits and chamois between clients or to clean with soap and water at the end of each day 82.107(d)

SANITATION VIOLATIONS-WIG AND HAIRPIECE SERVICES

• Failure to properly clean and disinfect wig and hairpiece equipment, implements, tools and materials prior to servicing each client 82.109(b), 82.101(a), 82.102(a) & (c)
• Failure to wipe implements clean with clean paper or fabric towel and spray with an EPA-registered disinfectant, alcohol, or bleach solution after each client 82.109(c), 82.101(a), 82.102(a) & (c)
• Failure to manually scrub implements and tools with soap and water and disinfect by complete immersion in an EPA-registered disinfectant, alcohol, or bleach solution at the end of each day 82.109(d), 82.101(a), 82.102(a) & (c)
• Failure to properly disinfect a hairpiece prior to resale 82.109(e)
• Failure to keep used wigs and hairpieces in a closed bag or container until ready to be cleaned 82.109(f)
• Failure to sanitize wig blocks and keep separate in a plastic bag in a sanitized condition 82.109(g)
• Failure to keep soiled wigs and hairpieces separate from finished wigs and hairpieces 82.109(h)

SANITATION VIOLATIONS-HAIR WEAVING AND HAIR BRAIDING SERVICES

• Failure to properly clean and disinfect hair weaving equipment, implements, tools and materials prior to servicing each client 82.110(b), 82.101(a), 82.102(a) & (c)
• Failure to store hair extensions, tracks, needles, and thread in a bag or covered container until ready to use; storing unrelated items in the same bag or container 82.110(c)
• Failure to spray needles with a disinfectant before use 82.110(d), 82.101(a), 82.102(a) & (c)

RECORDKEEPING VIOLATIONS - WHIRLPOOL FOOT SPAS

• Failure to keep a record of the date and time of each daily or bi-weekly cleaning 82.108(e)
• Failure to make the cleaning record available to a patron or the Department 82.108(e)
• Failure to remove from service a foot spa found to be in violation or for which records have not been maintained 82.108(f)

Class E:

1st Violation: $2,000
2nd Violation: $2,400 to $2,800 and/or up to 6-month full suspension
3rd Violation: $3,200 to $3,700 and/or up to 1-year full suspension

REFUND VIOLATIONS

• Failure to maintain cancellation policy that provides a full refund of all money paid by a student if the student meet cancellation requirements, or entered into the enrollment agreement because of misrepresentation made in the advertising or promotional materials of the school or by an owner or representative of the school 1601.562
• Failure by a barber school to properly provide a refund to a student that meets the requirements for a refund 1601.563(a)
• Failure of refund policy to provide that refund is based on the period of the student's enrollment, the effect date of the termination for refund purposes, and when it is applicable for the school to retain more than $100 1601.563(b)
• Failure to refund correct percentage 1601.564(b)
• Failure to pay refund within 30 days to a student who has withdrawn or been terminated from the course before the course has completed 50% 1601.566(a)
• Failure to pay refund before the 30th day after the student became eligible for the refund 1601.566(a)
• Failure of a school to pay the required interest on tuition not refunded within the required period 1601.566(b)

SANITATION VIOLATIONS - FACIAL SERVICES

• Failure to wear gloves when performing an extraction 82.104(a)
• Failure to properly clean and disinfect facial equipment, implements, tools and materials prior to servicing each client 82.104(b), 82.101(a), 82.102(a) & (c)
• Failure to clean and disinfect multiple use implements such as tweezers and comedone extractors after each client 82.104(d), 82.101(a), 82.102(a) & (c)
• Failure to discard single-use items in a trash receptacle after use 82.104(e)
• Failure to replace facial tools and accessories with clean items for each client 82.104(f)
• Failure to use items subject to possible cross contamination in a manner that does not contaminate the remaining product 82.104(g)

SANITATION VIOLATIONS-WAXING SERVICES

• Failure to clean the areas of the client's body on which a waxing service is to be administered 82.105(b)
• Failure to dispose of after each use all wax that has been in contact with a client's skin; reusing wax 82.105(c)
• Failure to clean and disinfect all wax pots or leaving applicators standing in the wax 82.105(d), 82.101(a), 82.102(a) & (c)

SANITATION VIOLATIONS-MANICURE AND PEDICURE SERVICES

• Failure to disinfect and sterilize non-disposable instruments with an autoclave, dry heat sterilizer or sanitize with an ultraviolet sanitizer 1603.352(a)
• Failure of manager or owner to provide approved autoclave, dry heat sterilizer or ultraviolet sanitizer 1603.352(b), 82.72(h)(12)
• Failure to clean the areas of the client's body on which a manicure or pedicure service is to be administered 82.106(b)
• Failure to properly clean, disinfect and sterilize or sanitize all metal manicure and pedicure tools prior to servicing each client 82.106(c), 82.101(a), 82.102(a) & (c)
• Failure to clean, disinfect, and sterilize or sanitize manicure and pedicure implements after each use 82.106(d), 82.101(a), 82.102(a) & (c)
• Failure to discard orangewood sticks, cotton balls, nail wipes and disposable towels after single use 82.106(e)
• Failure to replace terry cloth towels, finger bowls and spatulas that contact skin, or skin products from multi-use containers, with new or clean articles for each client 82.106(g)

Class F:

1st Violation: $2,500
2nd Violation: $2,900 to $3,200 and/or up to 1-year full suspension
3rd Violation: $3,700 to $4,200 and/or 1-year full suspension up to revocation

ADMINISTRATIVE VIOLATIONS

• Failure to pay risk-based inspection fee 1603.104(e), 82.53(a)
• Failure of a barber establishment owner, manager, or their representative to cooperate with an inspector in the performance of the inspection 82.50(d)
• Failure to keep monthly progress report through 48 months after student completes/terminates attendance 82.72(w)

UNLICENSED ACTIVITY

• Performing, offering or attempting to perform an act of barbering without holding the appropriate certificate, license, or permit 1601.251(a)
• Instructed a person in an act of barbering without holding a barber instructor license 1601.254(a)
• Barber specialty instructor instructing barbering other than defined by §1601.002(1)(C)-(H) and (K) 1601.254(c)
• Operating a barber school without a permit 1601.351
• Allowed a student to attend the school without a permit 82.72(k)
• Allowed a student practice barbering without a permit for the school 82.72(k)

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Failure to provide hand washing facilities for employees which include hot and cold running water 82.102(k)
• Failure to wash hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client 82.103(a), 82.104(a), 82.105(b), 82.106(a), 82.109(a), 82.110(a)
• Possession or use of Methyl Methacrylate Liquid Monomers (MMA); buying, selling, using, or applying liquid MMA to a person 82.112(a)(1) & (b), 82.113(c)
• Possession or use of razor-type callus shavers designed and intended to cut growths of skin such as corns and calluses, e.g. credo blades 82.112(a)(2) & (b)
• Possession or use of alum or other astringents in stick or lump form 82.112(a)(3) & (b)
• Possession or use of fumigants such as formalin (formaldehyde) tablets or liquids 82.112(a)(4) & (b)
• Used a product, preparation or procedure that came into contact with or penetrated the dermis layer of the skin 82.112(c)
• Possession, storage, or use of any product banned or deemed to be poisonous or unsafe by the USFDA or any other governmental agency responsible for such determinations 82.113(a), 82.113(b)
• Failure to have suitable plumbing that provides hot and cold running water and is connected to drain sewage and potable water in work areas 82.114(d)

SANITATION VIOLATIONS - WHIRLPOOL FOOT SPAS

• Failure to clean and sanitize whirlpool foot spas as required before use by each patron, specifically: 82.108(b)
  • Failure to drain all water and remove all debris from spa basin
  • Failure to clean spa basin with soap or detergent and water
  • Failure to disinfect spa basin with an EPA-registered disinfectant
  • Failure to wipe spa basin dry with clean towel
• Failure to clean and sanitize whirlpool foot spas as required at the end of each day, specifically: 82.108(c)
  • Failure to remove screen and remove all trapped debris
  • Failure to wash screen and inlet with soap or detergent and water
  • Failure to wash screen with correct chlorine bleach solution or immerse in an EPA- registered disinfectant before replacing screen
  • Failure to flush the spa system with soap and warm water for at least ten (10) minutes and/or failure to rinse and drain afterwards
• Failure to clean and sanitize whirlpool foot spas as required on a bi-weekly basis, specifically: 82.108(d)
  • Failure to completely fill spa basin with correct chlorine bleach solution
  • Failure to flush spa system with chlorine bleach solution or EPA-registered disinfectant for 5 to 10 minutes and/or failure to allow to sit for 6 to 10 hours afterward
  • Failure to drain and flush with water before use by a patron

Class G:

1st Violation: $3,000
2nd Violation: $3,500 to $4,000 and/or up to 18- month full suspension
3rd Violation: $4,500 to $5,000 plus 18-month full suspension up to revocation

SANITATION AND PUBLIC HEALTH VIOLATIONS

• Knowingly permitting a person with a communicable skin disease or a venereal disease to act as a barber or employee or work in a barber school 1601.555
• Working in a barber school while knowingly having a communicable skin disease or a venereal disease 1601.555, 1603.401(2)
• Engaging in gross malpractice 1603.401(1)
• Performing services on a client the licensee has reason to believe has a contagious condition such as head lice, nits, ringworm; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore in the area to be serviced 82.102(b)

SANITATION VIOLATIONS- BLOOD AND BODY FLUIDS

• Failure to apply powdered alum, styptic powder, or a cyanoacrylate to an open wound with a disposable cotton-tipped instrument 82.111(a)
• Failure to immediately discard cotton-tipped instrument after application of alum, styptic powder, or a cyanoacrylate to an open wound 82.111(a)
• Failure to use an approved disinfectant to clean blood or body fluids from a surface area 82.111(b), 82.101(c)(2)
• Failure to immediately clean and disinfect by approved method a non-porous instrument contacted by blood or body fluid 82.111(c)
• Failure to immediately double-bag and discard in a closed trash container or biohazard box a porous instrument contacted by blood or body fluid 82.111(d)

Class H:

1st Violation: $3,500 and/or up to 1-year full suspension
2nd Violation: $4,000 to $4,500 and/or 1-year full suspension up to revocation
3rd Violation: $5,000 plus 2-year full suspension up to revocation

VIOLATIONS IN OPERATING A SCHOOL

• Failure to instruct barber school students in theory and practice of subjects necessary and beneficial to the practice of barbering; failure to instruct students in the curriculum approved by the Department and/or the required number of hours 1601.558(a), 82.72(m), 82.120(b) (l)
• Failure to devote five hours each week in the classroom to the instruction of theory 1601.558(b)
• Failure to devote Saturdays exclusively to practical work over the chair 1601.558(c)
• Altering a course length without providing justification 1601.605
• Failure to follow field trip requirements 82.120(m)

Class I:

1st Violation: Revocation and/or $3,000 to $5,000
2nd Violation: Revocation and/or $4,000 to $5,000
3rd Violation: Revocation and/or $5,000

• Engaged in fraud or deceit in obtaining a certificate, license, or permit 1603.401(5), 60.23(a)(1)
• Failed to comply with previous order of Commission/Executive Director 51.353(a)
• Used or provided unauthorized assistance in connection with an examination 60.52(a)
• Failed to pay a processing fee for a dishonored check 60.82
• Failure to reimburse the Barber School Tuition Protection Account 82.40(j)(1)
• Failure to pay a student any additional amount due the student after payment was made from the Barber School Tuition Protection Account 82.40(j)(2)