2.2 Board Inspections, Discipline & Fines
Key Takeaways
K.A.R. 69-13-2 requires routine inspections at least once every two years, between 8 a.m. and 6 p.m. or any time services are being performed, and they may be conducted without notice.
Refusing or interfering with an inspection is cause for discipline (K.A.R. 69-13-4). The fine schedule sets $1,000 for a first offense.
Under K.S.A. 65-1908, the Board may refuse, revoke, suspend, censure, limit or condition a license and fine up to $1,000 for each ground.
Unlicensed practice can bring a cease and desist order and a fine up to $1,500, and it is a class C misdemeanor (K.S.A. 65-1902(d)-(e)).
The fine schedule charges $500 for a first failure to clean and disinfect pedicure equipment, $250 for a missing disinfectant, and $100 per item for single-use items not discarded.
Quick Answer: Board inspectors visit every Kansas establishment at least once every two years, without notice. Visits happen between 8 a.m. and 6 p.m. or any time services are being performed (K.A.R. 69-13-2). More visits follow prior violations, ownership changes, late renewals and complaints. Refusing or interfering with an inspection is grounds for discipline and carries a $1,000 fine. The Board may refuse, revoke, suspend, censure, limit or condition a license and fine up to $1,000 per ground (K.S.A. 65-1908). Unlicensed practice is a class C misdemeanor that can also bring a fine of up to $1,500.
Who Inspects and When
Under K.S.A. 65-1907, the Board employs and trains inspectors to inspect schools, salons and clinics. They enforce the cosmetology act, the Board's regulations and the KDHE sanitation standards. The inspection rules are in K.A.R. 69-13:
| Inspection rule | Detail | Regulation |
|---|---|---|
| Routine inspections | Every establishment, at least once every two years | 69-13-2(a) |
| Additional inspections | If the establishment had a violation on a previous inspection, changed ownership in the previous year, or did not renew on time | 69-13-2(b) |
| Hours | 8:00 a.m. to 6:00 p.m., or any time instruction or practice is being conducted, unless all parties agree otherwise | 69-13-2(c) |
| Who inspects | Board members, the executive director, or Board employees, representatives or agents | 69-13-2(d) |
| Notice | Inspections may be conducted without notice to the licensee | 69-13-2(f) |
| Complaint inspections | Allowed at any time to investigate a specific complaint, within the same hours | 69-13-3 |
| Refusal | Refusing or interfering with an inspection is cause for disciplinary action | 69-13-4 |
Inspectors have the inspection, investigation and inquiry powers the Board gives them by regulation. However, only the Board itself can issue a permanent order closing an establishment (K.S.A. 65-1908(c)).
After the Inspection
- The inspector leaves a report. The salon must post its most recent inspection report with its license and the sanitation standards (K.S.A. 65-1906(b)). Consumers can also read the latest report on the Board's license lookup.
- A Notice of Required Remedial Action means violations were found and the facility is out of compliance. It is not a fine. The owner fills out the attached Remedial Action Form and Affidavit, explaining how each violation was corrected, and returns it within 20 days of the notice date.
- Repeat problems raise the stakes. Under the fine schedule, a third consecutive inspection with a fineable infection-control violation leads to a condition on the facility license. Six or more infection-control violations across the past three consecutive inspections bring a $500 fine, and later occurrences bring $1,000 plus Board review.
Grounds for Discipline (K.S.A. 65-1908)
Following the Kansas Administrative Procedure Act, the Board may refuse to issue or renew, revoke, suspend, censure, limit or condition a license for any of these reasons:
- failing to comply with the KDHE sanitation standards (K.A.R. 28-24);
- failing to comply with the act, the Board's regulations or any Board order;
- becoming a danger to the public through alcohol or drug abuse;
- a felony conviction, unless the person shows enough rehabilitation to warrant the public trust;
- obtaining, or trying to obtain, a license by fraudulent misrepresentation or bribery;
- false or knowingly deceptive advertising;
- failing to display the license or inspection report;
- gross negligence or unprofessional conduct as defined by Board regulation;
- discipline or license denial by another state, territory, D.C. or another country.
The Board may also order violations remedied, issue cease and desist orders, and assess a fine of up to $1,000 for each ground, in place of or in addition to other discipline (65-1908(b), (d)). A licensee who is disciplined may request a hearing.
Criminal and Civil Penalties
- Unlicensed practice (K.S.A. 65-1902). The Board may issue a cease and desist order and assess a fine of up to $1,500. It weighs willfulness, repetition and risk of harm. A violation is also a class C misdemeanor.
- Employing unlicensed people, violating Board orders, or failing to follow Board rules or sanitation standards (K.S.A. 65-1909). These are misdemeanors punishable by a $10–$100 fine, 10–90 days in county jail, or both. The Board may also go to court for an injunction, and the court may add a fine of up to $1,500.
The Board's Fine Schedule (revised 09/14/2023)
"Consecutive" means offenses found on inspections that follow one another in order.
| Violation | First offense | Consecutive later offense |
|---|---|---|
| Unlicensed individual providing services | Cease and desist | Board review |
| Owner allowing unlicensed individuals to provide services | $500 per individual | $1,000 per individual |
| Operating an unlicensed establishment | $500 | $1,000 |
| Providing services in an unlicensed establishment | $500 | $1,000 |
| Services with an expired practitioner license | $250 | $500 |
| Operating with an expired establishment license | $250 | $500 |
| Practitioner working in an establishment with an expired license | $50 per practitioner, per offense | — |
| Failure to post a valid establishment or practitioner license | Warning letter | $250 |
| No disinfectant, or no approved disinfectant | $250 | $500 |
| Not changing disinfectant or bleach solution daily or when visibly cloudy or dirty | $250 | $500 |
| Prohibited items | Warning letter | $500 per item |
| Refusing or impeding an inspection | $1,000 | $1,000 plus Board review of the facility license |
| Failure to dispose of single-use items | $100 per item, up to $500 | $200 per item, up to $1,000 |
| Failure to clean and disinfect pedicure equipment | $500 | $1,000 |
The schedule notes that under K.S.A. 65-1908 the Board may assess up to $1,000. Under K.S.A. 65-1902, it may assess up to $1,500 for unlicensed-practice matters.
Complaints
Anyone can file a complaint using the Board's complaint form. The complaint becomes a public record, and a copy may go to the licensee. The Board investigates matters within its authority, such as unlicensed practice, sanitation, prohibited items and unprofessional conduct. Some complaints are closed. Others lead to discipline, which the licensee may contest at a hearing where the complainant may be asked to testify.
Exam Strategy for Enforcement Questions
- Inspection timing: "any time services are being performed" beats "only during posted hours" or "only with 48 hours' notice."
- Refusal: refusing an inspection is never a lawful option. It is a separate violation with a $1,000 first-offense fine.
- Maximum fines: $1,000 per ground under 65-1908, $1,500 for unlicensed practice under 65-1902, and $10–$100 plus jail as the criminal penalty under 65-1909.
- Responsibility is shared. The practitioner answers for their own license and sanitation. The owner answers for the establishment license, posting and anyone they allow to work.
An inspector arrives unannounced at 7:15 p.m. while a technician is finishing a pedicure. The owner says inspections are only allowed until 6 p.m. Who is correct under K.A.R. 69-13-2?
The owner, because inspections are limited to 8:00 a.m.–6:00 p.m. with no exceptions
The owner, because the Board must give 24 hours' notice for any inspection outside business hours
The inspector, because inspections may occur any time the practice is being conducted, without notice
Neither, because inspections may occur only after a written complaint is filed
Under the Board's fine schedule, what is the first-offense fine for refusing or impeding an inspection?
A warning letter
$250
$500
$1,000
A salon owner receives a "Notice of Required Remedial Action" after an inspection. What does it mean, and what should the owner do?
Violations were found and the facility is out of compliance. The owner should correct them and return the Remedial Action Form and Affidavit within 20 days.
The Board has fined the salon $500, and payment is due within 10 days.
The salon license is suspended until a Board hearing is held.
The owner must close the salon within 10 days and surrender the establishment license.
Which penalty applies to a person who performs acrylic nail services for pay without a Kansas license?
Only a warning letter, because first offenses are never fined
A possible cease and desist order and a fine of up to $1,500, and the act is also a class C misdemeanor
Automatic revocation of any future license application, with no fine
A $50 fine per practitioner, the same as working in an establishment with an expired license
Sections you finish are checked off in the contents.