1.8 Enforcement, Inspections, Penalties & Advertising
Key Takeaways
The Board may impose a civil penalty of up to $2,000 per violation plus costs (Minn. Stat. 155A.33, subd. 6), and any violation of 155A.21–155A.36 is a misdemeanor (155A.36).
Inspection penalties include $100 for failing to display a license, $200 for an expired practitioner, $500 for reusing single-use items, prohibited callus tools or refusing an inspection, and a $150 reinspection fee.
After an inspection finds violations, the salon has 10 business days to correct them and report, and must post the inspection report within 10 business days (Minn. R. 2105.0115).
Per-inspection penalty caps are $3,000 per salon license, $2,000 for the DLSM and $1,000 per individual practitioner.
Only licensees may use the titles esthetician or aesthetician, and adding "medical," "certified" or "master" to a Board license title violates Minn. R. 2105.0110.
1. How Enforcement Works (Minn. Stat. 155A.33)
If the Board, or an authorized complaint committee, has a reasonable basis to believe someone has violated or is about to violate a statute, rule or order it enforces, it may act (subd. 1). Hearings follow chapter 14, the Administrative Procedure Act, except where the statute says otherwise.
Legal actions (subd. 2). To stop an imminent violation, the Board may sue in Ramsey County District Court for an injunction. Irreparable harm is presumed once a violation is shown. An injunction does not bar criminal prosecution or license action.
Cease and desist orders (subd. 3). These may be served on licensed or unlicensed people after an investigation under section 214.10. A requested hearing must be held within 30 days of the request. If no hearing is requested within 30 days of service, the order becomes final.
License actions (subd. 4). The Board may deny, refuse to renew, suspend, temporarily suspend or revoke a license. It may also censure or reprimand, refuse to let someone sit for an exam, or withhold exam grades. The standard is a preponderance of the evidence, and the grounds include:
- violating a statute, rule or order;
- fraudulent, deceptive or dishonest conduct related to practice;
- malpractice, negligence or incompetence;
- fraud in obtaining a license or passing an exam;
- revocation in another jurisdiction;
- failing to meet licensing or renewal requirements;
- advertising by false or deceptive statements;
- performing services while consuming or under the influence of an intoxicant or controlled substance;
- unprofessional conduct;
- permitting an unlicensed person under your control to perform regulated services;
- practicing by misrepresentation;
- failing to display a license or permit;
- violating the Board's infection-control rules;
- refusing an inspection or failing to provide requested records; and
- for temporary suspension, conduct that may threaten the public.
The Board may also require a quality review of the person's skills or additional continuing education. Since August 1, 2026, a license order must state the facts, the law violated and the action taken, and it becomes final unless a written hearing request arrives within 30 days of service. The Board may also resolve matters informally.
Temporary suspension (subd. 5). A temporary suspension takes effect on service. The licensee may request a hearing in writing within 10 days, and the Board must hold it within five working days of the request.
Civil penalties and costs (subd. 6). The Board may impose a civil penalty of up to $2,000 per violation, plus the costs of the proceedings.
Reinstatement (subd. 7). A suspended, revoked or surrendered license may be reinstated on petition, with conditions, but only after at least half of the suspension period has passed.
Corrective action (subd. 8, added 2026). The Board may resolve a complaint with a written corrective action agreement. The agreement is not discipline, but it is public data. The complaint is dismissed once the corrective action is completed.
Criminal penalty (155A.36). Violating any provision of 155A.21 to 155A.36 is a misdemeanor.
2. Inspections (Minn. Stat. 155A.31; Minn. R. 2105.0115)
The Board inspects salons and schools and focuses first on licensees that fail to meet the law or pose greater risk (155A.31).
Protocol (subp. 1). Every salon, and every permit holder under 2105.0410, may be inspected whenever the Board considers it necessary:
- All licensees, including appointment-only salons and salons with irregular hours, must let an inspector in on arrival.
- The owner and DLSM must cooperate if an inspector asks to schedule an appointment, and they must provide access to all space, including leased space.
- All staff, including unlicensed support staff, must cooperate.
- Inspectors carry Board-issued photo ID and show it on request.
Orders to comply (subp. 2). When violations are found, the salon and DLSM get a written report. They must act immediately and bring the salon into compliance within 10 business days. If an order to comply is issued, they report to the Board within 10 business days, explaining each correction or, for anything not yet fixed, the reason, the steps planned and a projected date. The Board grants extensions when public health is not at immediate risk.
Posting (subp. 3). Within 10 business days, the salon posts the complete, unaltered inspection report, printed on 8½ × 11-inch paper, where it is visible at all times in the reception area or at each customer entrance. It stays up until the next report replaces it.
Who gets penalized (subp. 4). Staff must issue the statutory penalties for these inspection findings:
| Party | Penalized for |
|---|---|
| Salon | Each expired practitioner license; expired salon license; each active license not displayed; reuse or non-disposal of single-use items; prohibited callus tools; refusal to cooperate |
| DLSM | The same list, including the DLSM's own expired license and the DLSM's refusal to cooperate |
| Individual practitioner | Own expired license; own license not displayed; reuse of single-use items; prohibited callus tools present; own refusal to cooperate |
Caps (subp. 5). Total penalties per license per inspection may not exceed $3,000 per salon license, $2,000 for the DLSM per salon, and $1,000 per individual practitioner. Penalties must be paid before any license is issued or renewed.
3. Penalty Schedule (Minn. Stat. 155A.25, subd. 1a(c), as amended August 1, 2026)
| Violation | Up to |
|---|---|
| Reinspection fee | $150 |
| Manager and owner with an expired practitioner or instructor found on inspection | $150 each |
| Expired practitioner or instructor found on inspection | $200 |
| Expired salon | $500 |
| Expired school | $1,000 |
| Failure to display current license | $100 |
| Failure to dispose of single-use items (155A.355, subd. 1) | $500 |
| Prohibited razor-type callus shavers, rasps or graters | $500 |
| Refusal or failure to cooperate with an inspection | $500 |
| Practitioner late renewal | $45 |
| Salon or school late renewal | $50 |
Removed in 2026: the $500 penalty for performing nail or cosmetology services in an esthetician salon (or esthetician or cosmetology services in a nail salon), and the $200 owner/manager and $100 operator penalties for independent-contractor arrangements. Older study materials still list them.
4. Display of License (Minn. Stat. 155A.32; Minn. R. 2105.0190, subp. 4)
Every license holder displays the license in a conspicuous place at the place of business. Section 1.3 covers the practitioner details: a license or full name at each workstation, originals or Board duplicates only, and the 30-day online-printout allowance. The salon license, showing the current DLSM, faces the public at reception or at each customer entrance (Minn. R. 2105.0370, item C).
5. Advertising (Minn. R. 2105.0110)
"Advertising" includes signs, displays, business cards, brochures and recruitment material in print, on air or online (2105.0010, subp. 2). The rule provides:
- A. Advertising or offering Board-regulated services from an unlicensed salon or by an unlicensed practitioner is a violation.
- B. Salon ads list the licensed name on the salon license. A franchise may use its common brand name. An ad that names staff must include at least each licensee's first name as shown on the license.
- C. A practitioner advertising licensed services lists either their full licensed name or the salon's licensed name.
- D. A practitioner leasing space may use a business name if their full licensed name also appears. Otherwise the business name must be followed by "at (licensed salon name)."
- E. Only current licensees may call themselves "cosmetologist," "esthetician," "aesthetician," "advanced practice esthetician," "nail technician" or "eyelash (lash) technician." Adding another term to a Board license title, such as "medical," "certified" or "master," is a violation.
Scenario: A newly licensed esthetician prints cards reading "Jordan Lee, Certified Medical Esthetician." Both qualifiers violate Minn. R. 2105.0110, item E, and false or deceptive advertising is also a ground for discipline under 155A.33, subd. 4(7). "Jordan Lee, Licensed Esthetician" is compliant.
What is the maximum civil penalty the Board may impose per violation under Minn. Stat. 155A.33, subd. 6?
$500
$2,000
$3,000
$10,000
After a Minnesota salon inspection, how long does the salon have to post the inspection report?
Immediately, before the inspector leaves
Within 30 days
Within 10 business days, visible at all times in the reception area or at each customer entrance
Only if violations were found
Which business card complies with Minn. R. 2105.0110?
Sam Ortiz, Licensed Esthetician
Sam Ortiz, Master Esthetician
Sam Ortiz, Medical Aesthetician
Sam Ortiz, Certified Esthetician
An inspector finds a practitioner's license not posted and three used wooden spatulas reused on clients. Under Minn. Stat. 155A.25, what penalties apply to the practitioner?
$45 and $150
$1,000 and $2,000
No penalty on a first inspection
Up to $100 for failing to display the license and up to $500 for failing to dispose of single-use items
Sections you finish are checked off in the contents.