Cosmetologists Penalties and Sanctions

  • Texas Occupations Code, Chapter 1602
    Texas Occupations Code, Chapter 1603
    16 Texas Administration Code, Chapter 83

    Class A:

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

    POSTING AND PUBLIC INFORMATION VIOLATIONS

    • Failure of school to display album containing the permits, with picture attached, of each student in the required manner 1602.266(a), 1602.456(a), 83.72(g)
    • Failure to post current license 1602.401
    • Failure of a school to post a copy of the school's curriculum in a conspicuous place in the school 1602.451(a)(8), 83.72(d)
    • Failure of a private school license holder to publish in the school's catalogue and enrollment contract a description of the refund policy required under Section 1602.458 1602.451(a)(9)
    • 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 current law and rules book 83.72(a)
    • Failure to display the most recent inspection report in public view 83.72(u)
    • Failure to keep all products used in the conduct of business properly labeled in compliance with OSHA requirements 83.102(m)

    ADMINISTRATIVE VIOLATIONS

    • Failure of a private school license holder to provide the department with information on course completion and job placement rates 1602.451(a)(10)
    • Failure of private school to notify the department when a student graduates from a course of training offered by the school and is eligible to take the appropriate examination 1602.454
    • Allowed hours of instruction to be transferred without first submitting a complete transcript to the Department 1602.455(b)
    • Failure of a private school license holder to pay the costs of a peer review 1602.465(d)
    • Failure to make a current syllabus and lesson plan for each course available for inspection by the Department 83.72(d)
    • Used a time clock and failed to submit an electronic record of a student's accrued clock hours at least once per month 83.72(l)
    • Used a time clock and failed to have the initial submission of a student's clock hours include all hours accrued at school 83.72(l)
    • Failure to submit an electronic record of each student's accrued credit hours when required 83.72(m)
    • Failure to electronically submit a student's withdrawal or termination to the Department within 10 days 83.72(o)
    • Failure to terminate a student who does not attend a cosmetology curriculum for 30 days 83.72(o)
    • Failure of a public school to electronically submit a student's accrual of 500 hours in math, lab science, and English 83.72(p)
    • Failure to make withdrawn student's file available to the Department upon request 83.74(c)

    FACILITY AND EQUIPMENT VIOLATIONS

    • Failure to maintain required floor plan with access to restrooms and drinking fountains 83.23(c)(1)
    • Failure to have minimum required square footage 83.23(c)(2), 83.23(d)(1)
    • Failure of a private school to have equipment sufficient to instruct 10 students 83.23(c)(3)
    • Failure of a private school to provide proof of ownership of building or of a 12 month lease 83.23(c)(4)
    • Failure to have classroom separated from laboratory area by walls 83.72(t)
    • Failure of school to have required equipment for the operator curriculum (except where violations under 83.72(t) are listed elsewhere) 83.72(t)(1)-(7) & (9), 83.23(d)(2)
    • Failure of school to have required equipment for the esthetician curriculum (except where violations under 83.72(t) are listed elsewhere) 83.72(t)(1)-(7) & (10), 83.23(d)(2)
    • Failure of school to have required equipment for the manicure curriculum (except where violations under 83.72(t) are listed elsewhere) 83.72(t)(1)-(7) & (11), 83.23(d)(2)
    • Failure of school to have required equipment for the manicure/esthetician curriculum (except where violations under 83.72(t) are listed elsewhere) 83.72(t)(1)-(7) & (10)-(12), 83.23(d)(2)
    • Failure of school to have required equipment for the eyelash extension curriculum (except where violations under 83.72(t) are listed elsewhere) 83.72(t)(1)-(7) & (13), 83.23(d)(2)

    VIOLATIONS BY STUDENTS

    • Wearing lingerie or see-through fabric as outer garments, or not wearing footwear, while performing services 83.70(i)
    • Wearing unclean outer garments or footwear 83.70(i)
    • Student preparing hour reports or supporting documents 83.72(j)
    • Failure of student to withdraw from one school before transferring to another 83.74(a)
    • Enrollment of a student in more than one school at a time 83.74(a)

    Class B:

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

    VIOLATIONS IN OPERATING A SCHOOL

    • Private school license holder requiring a student to work, be instructed, or earn credit for more than 48 hours in a calendar week 1602.451(b)
    • Failure of a private school license holder to provide a prospective student with required information 1602.452
    • Accepting the transfer of a student's hours from a private school license holder which has a license expired more than 30 days 1602.455(e)
    • Failure of a private school to record a grade of incomplete upon request for a student who withdraws but is not entitled to a refund 1602.462(a)
    • Failure of a private school to maintain a copy of the curriculum of each course offered 83.23(c)(5), 83.23(d)(3)
    • Failure to maintain a current syllabus and lesson plan for each course 83.72(d)
    • Used a time clock without having the requirements posted 83.72(i)
    • Allowing a student to prepare hour reports or supporting documents 83.72(j)
    • Allowing a student or student-instructor to electronically submit information to the Department 83.72(j)
    • Failure to provide transcript to student within ten days of notice of withdrawal 83.74(c)

    SANITATION AND PUBLIC HEALTH VIOLATIONS

    • Failure to thoroughly clean floors in cosmetology establishments each day 83.102(h)
    • Failure to sweep up and deposit hair cuttings in a closed receptacle after each hair cut

    83.102(h)

    • Failure to empty all trash containers daily or keep clean by washing or using plastic liners 83.102(i)
    • Failure to use a clean single-use cape or a sanitized towel/neck strip; cape unclean 83.102(n)
    • Failure to have facial or eyelash extension application chair or bed made of or covered in a non-porous material that can be disinfected 83.104(c), 83.115(c)
    • Failure to have footspa and foot basin chair made of or covered in a non-porous material that can be disinfected 83.108(n)
    • 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 83.114(a)
    • Failure to have floors in areas where cosmetology services are performed of a material which is not porous or absorbent and is easily washable; having carpet in unpermitted areas 83.114(b)
    • Failure to keep plumbing fixtures clean and free from cracks and similar disrepair that cannot be readily accessible for cleaning 83.114(c)
    • Storing chemical supplies in restroom 83.114(e)
    • Preparing food or beverages on licensed premises for sale 83.114(f)
    • Allowed animals in establishment 83.114(i)

    Class C

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

    FACILITY VIOLATIONS

    • Private school operating in conjunction with another facility without proper separation 1602.404
    • Failure to provide at least one restroom located on or near the premises of the establishment 83.114(e)
    • Using a cosmetology 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 83.114(h)
    • Failure of a school attached to a residence to maintain a separate and distinct entrance not open to living quarters 83.114(h)
    • Door leading to living quarters not closed during business hours 83.114(h)

    ADMINISTRATIVE VIOLATIONS

    • Failed to pay a processing fee for a dishonored check 60.82

    ADVERTISING VIOLATIONS

    • 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)

    PRACTICING WITHOUT PROPER LICENSE OR INSPECTION

    • Instructing cosmetology or a related specialty course with an expired instructor license 1602.251(b), 1602.2572(b), 1602.351
    • License holder working in a school which has an expired license 1602.251(c), 83.70(b)
    • Failure to have a new or relocated school inspected and/or pay the inspection fee 1603.103(a), 83.23(b), 83.29(b), 83.51(a), 83.51(b)
    • Operating a beauty culture school, or other place of business in which cosmetology is taught or practiced with an expired business license 1602.301(a), 1602.351
    • Operating a vocational cosmetology program in a public school with an expired license 1602.301(b), 1602.351
    • Private school employing a person holding an operator or manicurist license or specialty certificate to perform solely the practices of cosmetology for which they are licensed 1602.403(a)(1)
    • Private school employing a person holding an instructor license to perform any acts or practices of cosmetology 1602.403(a)(2)
    • Failure to apply for a new establishment license after relocating 83.29(b)
    • Failure to apply for a new establishment license within 30 days of change of ownership 83.29(c)
    • Failure to have a school inspected following a change of ownership 83.29(c), 83.51(a)
    • Failure to have a school that does not pass initial inspection re-inspected and/or pay the re-inspection fee 83.51(f)

    SANITATION AND PUBLIC HEALTH VIOLATIONS

    • Failure to store sterilized or sanitized instruments according to manufacturer's instructions 1603.352(c)
    • Failure of a school to have a covered trash container 83.71(d)(6)
    • Failure to keep chlorine bleach in a closed covered container not exposed to sunlight 83.101(b)(3)
    • Placing or storing chlorine bleach near other chemicals or near flame 83.101(b)(5)
    • Failure to dispose of used or soiled chlorine bleach solution each day 83.101(b)(6)
    • Failure to keep alcohol in a covered container 83.101(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 83.102(f), 83.105(e),83.115(h)
    • Failure to store non-cosmetology related supplies in separate drawers or locations 83.102(f)
    • Failure to disinfect shampoo bowls and manicure tables prior to use for each client 83.102(g)
    • Failure to clean and disinfect facial chairs and beds, including headrest, after providing service to each client 83.104(c), 83.101(a), 83.102(a) & (c)
    • Failure to store hair-removal thread in a sealed bag or covered container until ready to use, or failure to store the bag in a clean, dry, debris-free storage area 83.105(e)
    • Failure to clean and disinfect footspa or foot basin chair after providing service to each client 83.108(n)
    • Failure to keep used wigs and hairpieces in a closed bag or container until ready to be cleaned 83.109(f)
    • Failure to clean and disinfect eyelash extension application chairs and beds, including headrest, after providing service to each client 83.115(c), 83.101(a), 83.102(a) & (c)

    VIOLATIONS BY STUDENTS

    • Allowing another person to clock in or out for the student 83.72(i)(1)
    • Failure to clock out for lunch 83.72(i)(3)
    • Failure to clock out when leaving the facility 83.72(i)(4)
    • Student engaging in any act that constitutes dishonesty or misrepresentation of or relating to a student's hours accrued 83.73(b)

    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

    • No instructor on duty/failure to have one instructor per 25 students 1602.451(a)(2), 83.72(f)
    • Implemented a course length and curriculum content without receiving approval from the Department 1602.453(b)
    • Receiving compensation for work done by student who has not completed more than 10% of required hours 1602.456(b)
    • Failure of a private school to allow a student who has completed 50% of the course to re-enter within 48 months after withdrawal or termination 1602.461
    • Private school charging additional tuition within a 48-month period to a student who received a grade of incomplete 1602.462(b)
    • Enrolling more than three student instructors for each full-time licensed instructor 83.72(f)
    • Failure to have licensed instructor physically present during all curriculum activities 83.72(f)
    • Student instructor not under supervision of full-time licensed instructor 83.72(f)
    • Allowing a student instructor to service clients at the school 83.72(f)
    • Changed from clock hours to credit hours without submitting the school's curriculum to the Department for approval 83.72(n)

    SANITATION AND PUBLIC HEALTH VIOLATIONS

    • Failure of a school to have a suitable receptacle for used towels/linen 83.72(t)(6)
    • Failure of a school to have a wet disinfectant soaking container 83.72(t)(8)
    • Failure to prepare fresh disinfectant solution daily or more often as needed, for immersion of implements 83.101(a)(3
    • Failure to use disinfectant in accordance with the manufacturers' recommendation or other guidance in the cosmetology rules 83.101(a)(4)
    • Failure to mix chlorine bleach solution daily at correct concentration 83.101(b)(2)
    • Using isopropyl or ethyl alcohol of an incorrect concentration for disinfection 83.101(c)(1)
    • Failure to discard single-use equipment, implements, tools or porous items after use on a single client 83.102(d)
    • Failure to wipe clean and disinfect electrical equipment that cannot be immersed in liquid prior to each use on a client 83.102(e)
    • Failure to use clean towels on each client 83.102(k)
    • Failure to wash towels in hot water and chlorine bleach 83.102(k)
    • Failure to remove soiled towels after use on each client and deposit in a suitable receptacle 83.102(l)
    • Failure to have shop properly ventilated 83.114(g)

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

    • Failure to properly clean and disinfect hair cutting, styling and treatment equipment, implements, tools and materials prior to servicing each client§83.103(b), 83.101(a), 83.102(a) & (c)
    • Failure to wipe required implements after each client with a clean paper or fabric towel and spray with either an EPA-registered disinfectant, alcohol, or bleach solution
    • 83.103(c), 83.101(a), 83.102(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 83.103(d), 83.101(a), 83.102(a) & (c)

    SANITATION VIOLATIONS-MANICURE AND PEDICURE SERVICES

    • Failure to clean the areas of the client's body on which a manicure or pedicure service is to be administered 83.106(b)
    • 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 83.106(f), 83.101(a), 83.102(a) & (c)
    • Failure to discard buffer blocks or porous nail files in a trash receptacle after exposure to broken skin or unhealthy skin or nails 83.106(f)
    • Using electric files, drills, or machines other than those specifically designed and manufactured for use in the professional nail industry 83.107(a)
    • Failure to clean diamond, carbide, natural and metal bits after each use with a brush or ultrasonic cleaner, or by immersing in acetone 83.107(b), 83.101(a), 83.102(a) & (c)
    • Failure to disinfect diamond, carbide, natural and metal bits by complete immersion in an appropriate disinfectant, and then sterilize, between clients 83.107(c), 83.101(a), 83.102(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 83.107(d)

    SANITATION VIOLATIONS- ESTHETICIAN, TEMPORARY HAIR REMOVAL, AND EYELASH EXTENSION APPLICATION SERVICES

    • Failure to wear gloves when performing an extraction 83.104(a)
    • Failure to clean the areas of the client's body on which the temporary hair removal service is to be administered 83.105(b)
    • Failure to store eyelash extensions in a sealed bag or covered container, or failure to store the bag in a clean, dry, debris-free storage area 83.115(h)

    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 83.109(b), 83.101(a), 83.102(a) & (c)
    • Failure to wipe certain implements clean with clean paper or fabric towel and spray with an EPA-registered disinfectant, alcohol, or bleach solution after each client 83.109(c), 83.101(a), 83.102(a) & (c)
    • Failure to manually scrub certain 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 83.109(d), 83.101(a), 83.102(a) & (c)
    • Failure to properly disinfect a hairpiece prior to resale 83.109(e)
    • Failure to spray a used wig block with EPA disinfectant after each use and keep separate in a plastic bag in a sanitized condition§83.109(g)
    • Failure to keep soiled wigs and hairpieces separate from finished wigs and hairpieces 83.109(h)

    SANITATION VIOLATIONS-HAIR WEAVING AND HAIR BRAIDING SERVICES

    • Failure to properly clean and disinfect hair weaving and hair braiding equipment, implements, tools and materials prior to servicing each client 83.110(b), 83.101(a), 83.102(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 83.110(c)
    • Failure to spray needles with a disinfectant before use 83.110(d), 83.101(a), 83.102(a) & (c)

    RECORDKEEPING VIOLATIONS - FOOT SPAS, FOOT BASINS, AND SPA LINERS

    • Failure to keep a record, on a department-approved form, of the date and time of each daily or bi-weekly cleaning of whirlpool foot spas 83.108(e)
    • Failure to keep a record, on a department-approved form, of the date and time of each cleaning and disinfecting of non-whirlpool foot basins 83.108(g)
    • Failure to keep a record, on a department-approved form, of the date and time when a spa liner was used and discarded or when a whirlpool jet was used and disinfected 83.108(k)
    • Failure to make the record at or near the time of cleaning and disinfecting or failed to indicate if a spa, foot basin, or jet was not used during any individual work day 83.108(e), (g) & (k)
    • Failure to make a cleaning and disinfecting record available upon request to a patron or the Department or not retaining the records for inspection for at least 60 days 83.108(l)
    • Failure to remove from service a foot spa, foot basin or jet found to be in violation or for which records have not been maintained 83.108(m)

    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 of a private school to maintain a 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 or contract because of misrepresentation made in the advertising or promotional materials of the school or by an owner or representative of the school 1602.457
    • Failure of a private school to maintain a refund policy for the refund of the unused part of tuition, fees, and other charges paid by the student 1602.458(a)
    • Failure of a private school's refund policy to provide that refund is based on the period of the student's enrollment, the effective date of the termination for refund purposes, and when it is applicable for the school to retain more than $100 1602.458(b)
    • Failure of a private school to refund correct percentage 1602.459(b)
    • Failure of a private school to pay a refund within 30 days of a student becoming eligible 1602.459(c)
    • Failure of a private school to pay the required interest on tuition not refunded within the required period 1602.460(a) & (b)

    STERILIZATION AND SANITATION EQUIPMENT VIOLATIONS

    • Failure of manager or owner of a school offering esthetician curriculum to provide an autoclave or a dry heat-sterilizer, or an ultraviolet sanitizer 1603.352(b), 83.72(t)(11)(A)
    • Failure of manager or owner of school offering esthetician/manicure curriculum to provide an autoclave or dry heat-sterilizer, or an ultraviolet sanitizer 1603.352(b), 83.72(t)(12)
    • Failure of school offering operator curriculum to provide a dry sanitizer 83.72(t)(9)(L)
    • Failure of school offering operator curriculum to provide a wet sanitizer 83.72(t)(9)(M)
    • Failure of school offering esthetician curriculum to provide a dry sanitizer 83.72(t)(10)(D)
    • Failure of school offering esthetician curriculum to provide a wet sanitizer 83.72(t)(10)(M)
    • Failure of school offering esthetician/manicure curriculum to provide a dry sanitizer 83.72(t)(12)
    • Failure of school offering esthetician/manicure curriculum to provide a wet sanitizer 83.72(t)(12)
    • Failure of school offering eyelash extension curriculum to provide a wet sanitizer 83.72(t)(13)(E)
    • Failure of school offering eyelash extension curriculum to provide a dry sanitizer 83.72(t)(13)(F)

    SANITATION VIOLATIONS - ESTHETICIAN SERVICES

    • Failure to properly clean and disinfect facial equipment, implements, tools and materials after servicing each client 83.104(b), 83.101(a), 83.102(a) & (c)
    • Failure to clean and disinfect multiple use implements such as tweezers and comedone extractors after each client 83.104(d), 83.101(a), 83.102(a) & (c)
    • Failure to discard single-use items in a trash receptacle after use 83.104(e)
    • Failure to replace facial tools and accessories with clean items for each client 83.104(f)
    • Failure to use items subject to possible cross contamination in a manner that does not contaminate the remaining product 83.104(g)

    SANITATION VIOLATIONS-TEMPORARY HAIR REMOVAL SERVICES

    • Failure to dispose of after each use all products or single use items that has been in contact with a client's skin 83.105(c)
    • Failure to clean and disinfect all wax pots or leaving applicators standing in the wax; reusing wax 83.105(d), 83.101(a), 83.102(a) & (c)
    • Failure to clean, disinfect, and sterilize or sanitize all multi-use implements prior to each use 83.105(f), 83.101(a), 83.102(a) & (c)

    SANITATION VIOLATIONS- EYELASH EXTENSION APPLICATION SERVICES

    • Failure to properly clean and disinfect equipment, implements and materials prior to providing services 83.115(b), 83.101(a), 83.102(a) & (c)
    • Failure to clean and disinfect required implements after each client 83.115(d)
    • Failure to discard required single-use items in a trash receptacle after each use 83.115(e)
    • Failure to replace required items with clean items 83.115(f)
    • Failure to use only properly labeled semi-permanent glue and semi-permanent glue remover 83.115(g)
    • Failure to use semi-permanent glue and semi-permanent glue remover according to the manufacturer's instructions 83.115(g)

    SANITATION VIOLATIONS-MANICURE AND PEDICURE SERVICES

    • Failure to clean, disinfect, and sterilize metal instruments with an autoclave or dry heat-sterilizer, or sanitize with an ultraviolet sanitizer 1603.352(a)
    • Failure of manager or owner to provide an autoclave or dry heat sterilizer, or an ultraviolet sanitizer 1603.352(b), 83.71(d)(7)
    • Failure to properly clean, disinfect, and sterilize or sanitize all metal manicure and pedicure tools prior to servicing each client 83.106(c), 83.101(a), 83.102(a) & (c)
    • Failure to clean, disinfect, and sterilize or sanitize manicure and pedicure implements after each use 83.106(d), 83.101(a), 83.102(a) & (c)
    • Failure to discard orangewood sticks, cotton balls, nail wipes and disposable towels after single use 83.106(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 83.106(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 AND RECORDS VIOLATIONS

    • Failure to pay risk-based inspection fee 1603.104(e), 83.53(a)
    • Failure of a cosmetology establishment owner, manager, or their representative to cooperate with an inspector in the performance of the inspection 83.50(d)
    • Failure to keep required documents through 48 months after student completes/terminates attendance 83.72(k)
    • Failure to make required documents available for Department and/or student inspection 83.72(k)
    • Failure to keep a copy of transcript in withdrawn student's file for 48 months 83.74(c)

    UNLICENSED ACTIVITY

    • Instructing cosmetology or a related specialty course without first obtaining the appropriate instructor license 1602.251(b), 1602.2572(b)
    • Instructing cosmetology while not in a private beauty culture school or a vocational cosmetology program in a public school 1602.251(b), 1602.2572(b)
    • Failure to have student permit 1602.266(a)
    • Operating a beauty culture school, or other place of business in which cosmetology is taught or practiced without obtaining the appropriate business license 1602.301(a)
    • Operating a vocational cosmetology program in a public school without holding a license 1602.301(b)
    • Specialty instructor teaching subject matter for which he/she is not licensed 83.10(26)

    SANITATION AND PUBLIC HEALTH VIOLATIONS

    • Failure to provide a dispensary which includes hot and cold running water 83.72(t)(5), 83.102(j)
    • Failure to wash hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client 83.103(a), 83.104(a), 83.105(a), 83.106(a), 83.109(a), 83.110(a)
    • Possession or use of Methyl Methacrylate Liquid Monomers (MMA); buying, selling, using, or applying liquid MMA to a person 83.112(a)(1) & (b), 83.113(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 83.112(a)(2) & (b)
    • Possession or use of alum or other astringents in stick or lump form 83.112(a)(3) & (b)
    • Possession or use of fumigants such as formalin (formaldehyde) tablets or liquids 83.112(a)(4) & (b)
    • Used a product, preparation or procedure that came into contact with or penetrated the dermis layer of the skin 83.112(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 83.113(a), 83.113(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 83.114(d)
    • Failure to wash hands with soap and water prior to performing eyelash extension services on a client 83.115(a)

    SANITATION VIOLATIONS - FOOT SPAS, FOOT BASINS, AND SPA LINERS

    • Failure to clean and disinfect whirlpool foot spas as required after use by each patron, specifically: 83.108(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: 83.108(c)
    • Failure to remove screen or other removable parts and remove all trapped debris
    • Failure to wash screen and inlet or other removable parts 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 or other removable parts
    • 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 disinfect whirlpool foot spas as required on a bi-weekly basis, specifically: 83.108(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
    • Failure to clean and disinfect each non-whirlpool foot basin as required after use by each patron, specifically: 83.108(f)
    • Failure to drain all water and remove all debris from foot basin
    • Failure to scrub and clean the inside surface of a foot basin of all visible residue with a clean brush, soap or detergent, and water
    • Failure to disinfect foot basin with an EPA-registered disinfectant
    • Failure to rinse, empty and wipe foot basin dry with a clean towel
    • Failure to follow procedures when using spa liners or portable whirlpool jets, specifically: 83.108(j)
    • Failure to pull the heat sealed tab after use upon a patron and allow the water to empty directly into the plumbing system
    • Failure to discard spa liner in a covered trash receptacle
    • Failure to completely immerse a portable whirlpool jet in an EPA registered disinfectant for 5 to 10 minutes
    • Failure to rinse a jet with warm water and drain
    • Failure to wipe all surfaces of a spa basin and foot rest with EPA registered disinfectant wipes

    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

    • Working while knowingly suffering with an infection or animal parasites or an infectious/communicable disease for which the person is not entitled to protection under the federal Americans with Disabilities Act of 1990 (ADA) 1602.406(a), 1603.401(2)
    • Knowingly employed an infectious/contagious person who is not entitled to protection under ADA 1602.406(b)
    • 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, conjunctivitis; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore in the area to be serviced 83.102(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§83.111(a)
    • Failure to immediately discard cotton-tipped instrument after application of alum, styptic powder, or a cyanoacrylate to an open wound 83.111(a)
    • Failure to immediately use an approved disinfectant to clean blood or body fluids from a surface area 83.111(b), 83.101(c)(2)
    • Failure to immediately clean and disinfect by approved method a non-porous instrument contacted by blood or body fluid 83.111(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 83.111(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 of a private school to maintain a daily record of students' attendance 1602.451(a)(3)
    • Failure of a private school to establish regular class and instruction hours and grades 1602.451(a)(4)
    • Failure of a private school license holder to require a school term of not less than nine months and not less than 1,500 hours instruction for a complete course in cosmetology 1602.451(a)(5)
    • Failure of a private school license holder to require a school term of not less than 600 hours instruction for a complete course in manicuring 1602.451(a)(6)
    • Failure of a private school to hold examinations before issuing diplomas 1602.451(a)(7)
    • Failure to verify that the private school's curriculum is being followed 1602.451(a)(8)
    • Manipulating course lengths without Department approval 1602.453(d)
    • Granted credit for hours accrued while not under the supervision of a licensed instructor 83.72(f)
    • Allowing another person to clock in or out for the student 83.72(i)(1)
    • Credit given for written times other than those resulting from clock failure 83.72(i)(2)
    • Directly or indirectly granting or approving student hours not correctly accrued 83.72(k)
    • Failure to properly account for credit hours granted to each student 83.72(k)
    • Establishing school rules that conflict with Department rules 83.72(s)
    • Transferring more than the approved amount of hours between courses 83.74(h)
    • Failure of a curriculum to include all required hours 83.120(a), (b) & (c)
    • Failure to follow field trip requirements 83.120(d)

    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)
    • Failure to reimburse the Private Beauty Culture School Tuition Protection Account 83.40(k)(1)
    • Failure to pay a student any additional amount due the student after payment was made from the Private Beauty Culture School Tuition Protection Account 83.40(k)(2)