2.4 Inspections, Citations, Hearings & Penalties

Inspections, Citations, Hearings & Penalties

Louisiana uses several enforcement paths. A candidate must keep them separate because their amounts and procedures are not interchangeable. The main sequence is inspection and notice, an opportunity to respond, administrative action when warranted, and court enforcement for certain unlicensed practice.

Inspection and violation notice

Under LAC §901, inspectors may enter licensed salons and schools during business hours, interview people, inspect records, and inspect premises where cosmetology services are advertised or offered. Section 903 addresses inspector citations and violation notices. An inspection can therefore document sanitation failures, expired credentials, prohibited substances, unlicensed activity, or other rule violations.

La. R.S. 37:601 authorizes an inspector citation of $25 per violation, with a maximum of $300 during any one week, when the person signs the written waiver of the right to an administrative hearing described by the statute. A citation resolution is not the same as the maximum penalty the Board may impose after an administrative proceeding.

Notice and opportunity to respond

LAC §1301 provides an informal stage in which the licensee responds within 10 days of notice or requests an informal conference. Read the actual notice carefully; deadlines and rights matter. The Board may proceed through the Louisiana Administrative Procedure Act for formal discipline. Depending on the legal basis and facts, sanctions can include denial, probation, suspension, revocation, fines, or assessed costs.

Board administrative fines

La. R.S. 37:604 authorizes a Board fine of up to $200 for each violation, with the total fine not exceeding $5,000. Each day a violation continues may count as a separate violation. The Board may also assess costs allowed by the statute. Do not substitute an invented $1,000-per-violation figure.

Grounds for discipline include violations of the Cosmetology Act or Board rules, false or deceptive advertising, practicing under a name different from the certificate, certain criminal convictions, failure to pay fees, and failure to furnish legally requested information. The evidence and process determine the result; not every inspection observation produces the maximum sanction.

Unlicensed practice and court enforcement

La. R.S. 37:606 addresses a person practicing without the required license. The Board may issue a cease-and-desist order. If the person does not comply within two days, the Board may seek an injunction in court. The court may impose a penalty up to $5,000, plus reasonable attorney fees and costs. The current §606 text reviewed for this guide does not create the often-repeated “90 days in jail” penalty.

Compliance response

If an inspector identifies a problem, remain professional, preserve the notice, correct immediate safety risks without altering evidence improperly, and calendar the response date. Decide whether to sign a waiver only after understanding the rights and consequences. Supply requested records truthfully. For a contested or serious matter, obtain qualified legal advice rather than relying on exam-prep material.

For exam purposes, pair each number with its process:

• $25 / $300 weekly cap — inspector citation with statutory waiver;
• $200 / $5,000 total — Board administrative fine authority;
• two days / $5,000 plus fees and costs — court path after an unlicensed person ignores a cease-and-desist order; and
• 10 days — response or informal-conference period in LAC §1301.

This process-based memory method prevents penalties from being mixed across statutes.

Penalty comparison exercise

A $25 inspector citation is not proof that every violation can cost only $25. That figure belongs to the field-citation and waiver process, with its weekly cap. If a matter proceeds through administrative adjudication, §604 supplies different fine authority and permits each continuing day to count separately. If the person is unlicensed and ignores a cease-and-desist order, §606 opens a court path after two days. Always identify the actor—inspector, Board, or court—and the procedural stage before choosing a dollar amount. On receiving any notice, preserve it, verify the response deadline, and distinguish correction of the physical condition from resolution of the legal allegation.

Corrective action after a notice

If a solution is mislabeled or expired, remove it from use and prepare a compliant replacement. If a credential is expired, stop the affected practice until status is resolved. If a prohibited tool or MMA monomer is present, isolate it and follow lawful disposal or return procedures. Photograph or document corrections when appropriate, but do not destroy requested records or misstate when the correction occurred. Correcting the hazard protects clients; responding to the citation preserves procedural rights. These are related but separate responsibilities.