2.2 Board Inspections, Violations & Civil Penalty Schedule

Board Inspections, Violations & Civil Penalty Schedule

Enforcement is 15% of the state exam, and inspection penalties show up in Practice Requirements questions too. Know who can be cited, for how much, and what the deadlines are.

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1. Inspection Authority and Protocol

The Board inspects salons and schools to confirm compliance and directs resources first to licensees who fail to meet the law or present greater risk (Minn. Stat. § 155A.31). Under Minn. R. 2105.0115, subp. 1, each salon and permit holder is subject to inspection at any time the Board deems necessary, and:

• All licensees, including salons open by appointment only or with irregular hours, must let an inspector in on the inspector's arrival.
• The owner and DLSM must cooperate if asked to arrange an inspection appointment.
• The owner and DLSM must have access to, and give the inspector access to, all salon space, including leased space.
• Everyone in the salon (owner, DLSM, licensees, and unlicensed support staff) must cooperate.
• Inspectors carry board-issued photo identification and show it on request.
• In a home salon, if the owner or DLSM is home, the inspector must be admitted even when the salon is closed (Minn. R. 2105.0393).

An absent DLSM does not delay an inspection. The DLSM is responsible for the salon even when away (Minn. R. 2105.0305).

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2. After the Inspection (Minn. R. 2105.0115, subps. 2–3)

Inspection finds violations ──► written report issued
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     ├── Salon/DLSM act immediately; full compliance within 10 BUSINESS DAYS
     ├── If an ORDER TO COMPLY is issued ──► report to Board on its form within 10 business days
     │        (how and when each violation was fixed; for anything unfixed, the reason, plan, and projected date)
     └── Post the inspection report within 10 business days, visible at reception or each customer entrance,
          on standard 8½ × 11 paper, until the next report replaces it

The Board must grant a written extension request when public health is not at immediate risk and the delay is justified.

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3. Displaying Licenses

Minn. Stat. § 155A.32 requires every license holder to display the license conspicuously in the place of business. Minn. R. 2105.0190, subp. 4 spells out how:

• Post an original, unaltered, current license at each salon where you practice.
• At each workstation you use, post either the license or your full name as shown on the license. A name tag or a prominently displayed business card showing that full name satisfies this.
• If the license is not at the workstation, post it at the reception area or at each customer entrance.
• Copies do not count. To post at several workstations or salons, buy duplicate licenses ($20 each).
• A printout of your active license status from the Board's website may be posted for up to 30 days from the license issuance date.
• The public must have a full, unobstructed view.

Salons must also post the salon license showing the current DLSM facing the public, and every licensee must carry a valid picture state ID while working (Minn. R. 2105.0370). Suite-style salons post practitioner licenses at the station or inside the suite (Minn. R. 2105.0397).

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4. Inspection Penalty Schedule (Minn. Stat. § 155A.25, subd. 1a, as amended August 1, 2026)

The 2026 amendments removed three former penalties: $500 for performing nail or cosmetology services in an esthetician salon (or esthetician or cosmetology services in a nail salon), $200 for an owner or manager allowing an operator to work as an independent contractor, and $100 for the operator. Older study materials still list them.

Who Gets Cited (Minn. R. 2105.0115, subp. 4)

• The salon: each expired practitioner license, an expired salon license, each license not displayed, reused or undisposed single-use items, prohibited callus shavers, graters, or rasps, and refusal to cooperate.
• The DLSM: the same list, including the DLSM's own expired license.
• The practitioner: their own expired or undisplayed license, reused single-use items, prohibited tools, and refusal to cooperate.

So one expired technician can generate up to $200 for the technician plus $150 each for the owner and manager.

Caps per Inspection (Minn. R. 2105.0115, subp. 5)

Penalties must be paid in full before any license is renewed or issued.

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5. Discipline Under Minn. Stat. § 155A.33

Beyond inspection penalties, the Board (or its complaint committee) may deny, refuse to renew, suspend, temporarily suspend, or revoke a license, censure or reprimand, refuse to let a person sit for an exam, or withhold exam grades. Grounds include:

• violating a statute, rule, or order; fraud or deception in getting a license or passing an exam
• malpractice, negligence, or incompetence; unprofessional conduct
• advertising by false or deceptive statements
• performing services while consuming or under the influence of an intoxicant or controlled substance
• permitting an unlicensed person under your supervision to practice for compensation
• failing to display a license; violating infection control rules; refusing an inspection or withholding records

The Board may also require a quality review or extra CE as a condition of licensure, impose a civil penalty of up to $2,000 per violation plus its costs (subd. 6), issue cease and desist orders, and seek an injunction in Ramsey County District Court.

2026 procedural changes (effective August 1, 2026):

• A licensing order must summarize the facts, cite the law violated, state the action taken, and tell the person that it becomes final unless a written hearing request arrives within 30 days of service. A timely request stays the order.
• Unpaid civil penalties in a final order may be filed and enforced as a judgment in district court.
• Corrective action agreements allow a complaint to be resolved in writing without discipline; the agreement is public data, the Board may charge a fee for it, and the complaint is dismissed when the corrective action is completed.
• Contested cases are heard under Minnesota Statutes chapter 14 by an administrative law judge. A temporary suspension takes effect on service; the licensee may request a hearing within 10 days, and the Board must hold it within five working days.

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6. Criminal Liability

"Any person who violates any of the provisions of sections 155A.21 to 155A.36 is guilty of a misdemeanor" (Minn. Stat. § 155A.36). In Minnesota, a misdemeanor carries up to 90 days in jail, a fine of up to $1,000, or both (Minn. Stat. § 609.02, subd. 3).

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Enforcement Scenario

Scenario: An inspector visits a four-station nail salon. One technician's license expired two months ago; another technician has no license or name posted at her station and her license is not at reception; and a used foam buffer sits in a drawer at a third station.

Analysis: The expired technician faces up to $200, and the owner and DLSM up to $150 each. The undisplayed license is up to $100 against the salon, the DLSM, and that practitioner. The reused or undisposed foam buffer is up to $500 each for the salon, DLSM, and practitioner. Each person's total stays under the per-inspection caps. The salon must correct everything within 10 business days, post the inspection report within 10 business days, and the expired technician may not work until renewed.