8.6 The Board, Discipline, and Criminal History
Key Takeaways
The State Board of Cosmetology has 13 members: the Commissioner of Professional and Occupational Affairs, the Director of the Bureau of Consumer Protection or a designee, 3 public members, and 8 professional members, and 7 members form a quorum.
Section 13 lets the Board refuse, revoke, refuse to renew, or suspend a license after written notice and a hearing, and a revoked license is not reinstated unless a court orders it; the person may reapply after 5 years.
Under 63 Pa.C.S. § 3104, a licensee reports discipline by another jurisdiction and a felony or misdemeanor finding, plea, or ARD to the Board in writing within 30 days.
Under 63 Pa.C.S. § 3113, the Board weighs a conviction through a two-stage, individualized analysis, and § 3115 offers a preliminary determination within 45 days for a filing fee of no more than $45.
This section covers who regulates the license and how discipline works. The Cosmetology Law sets the Board's structure and grounds for discipline. Since 2020, much of the procedure lives in 63 Pa.C.S. Chapter 31, which Act 53 of 2020 created when it repealed and consolidated Act 48 of 1993.
Who sits on the Board
Section 1.1 of the Cosmetology Law sets 13 members.
| Seat | Number |
|---|---|
| Commissioner of Professional and Occupational Affairs | 1 |
| Director of the Bureau of Consumer Protection in the Office of Attorney General, or a designee | 1 |
| Public members appointed by the Governor with Senate consent | 3 |
| Professional members with at least 5 years of practical or managerial experience, actively engaged in the profession | 8 |
No more than one professional member may be a public-school vocational cosmetology teacher, and no more than two may be affiliated with a private cosmetology school. Members serve 3-year terms and no more than two consecutive terms. Seven members form a quorum. A member who misses three consecutive meetings forfeits the seat unless the Commissioner excuses the absence for illness or a death in the immediate family. Under Section 11, the Board adopts regulations only after at least one public hearing, and under Section 13(b) the Bureau contracts with a professional testing organization, which is Pearson VUE, for the examination.
Grounds and process for discipline
Under Section 13(a), the Board may refuse, revoke, refuse to renew, or suspend a license, upon due hearing, for:
- a violation of the act or the Board's regulations,
- gross incompetency,
- dishonest or unethical practices, or
- failing to submit to an inspection of the salon during business hours.
Before a suspension or revocation, the licensee receives written notice of the charges and a public hearing, with a full opportunity to testify and to confront witnesses. A suspended license may be reissued on satisfactory proof that the disqualification has ended. Under Section 13(c), a revoked license is not reinstated unless a court orders it. The person must apply for a new license after 5 years if the person wants to practice again.
Timelines in 63 Pa.C.S. Chapter 31
| Rule | What it requires |
|---|---|
| § 3104 reporting | Written notice to the Board within 30 days of discipline by another jurisdiction, or of a felony or misdemeanor finding of guilt, guilty or no-contest plea, probation without verdict, or Accelerated Rehabilitative Disposition |
| § 3105 hearings | A hearing begins within 90 days after the answer is filed, and a hearing examiner's decision follows within 180 days after the record closes |
| § 3106 temporary suspension | For an immediate and clear danger to public health and safety, without a prior hearing but with notice; a preliminary hearing within 30 days; no longer than 180 days |
| § 3108 civil penalties | Up to $10,000 per violation after a hearing; a citation under the § 43b.5 schedule is capped at $1,000 per violation; the Board may also assess the costs of investigation |
| § 3108 expungement | A record for practicing 6 months or less on a lapsed license may be expunged on application no earlier than 4 years after final disposition, if it is the only disciplinary record |
Criminal convictions
Section 5 still lists good moral character for a limited license, but 63 Pa.C.S. § 3113 controls when the question is a criminal conviction. The Board may not deny a license on a general moral-character or moral-turpitude provision. It uses a two-stage analysis instead:
- If the offense is on the Board's list of offenses directly related to the profession, there is a rebuttable presumption of substantial risk, and the applicant may rebut it with evidence of rehabilitation.
- If the offense is not directly related, the Board asks whether the conviction poses a substantial risk to clients or the public, or of further convictions, and conducts an individualized assessment.
The individualized assessment looks at factors such as the facts of the offense, the number of convictions, the applicant's age and maturity since then, conduct after the conviction, education and training, including training while incarcerated, references, and rehabilitation. A conviction for a crime of violence generally requires at least 3 conviction-free years after release or sentencing and significant rehabilitation.
Section 7.98 still says a felony conviction under The Controlled Substance, Drug, Device and Cosmetic Act subjects the license to suspension or revocation. Under § 3113(f), felony-drug provisions in a practice act now apply only to a drug trafficking offense.
An applicant unsure whether a record is disqualifying may file a petition for preliminary review under § 3115. If filed separately from an application, the Board issues a preliminary decision within 45 days. The filing fee may not exceed $45, and in forma pauperis status is available. Section 3112 also lets the Board issue a restricted license for 1 to 2 years to an applicant under the Cosmetology Law whose conviction would otherwise bar licensure, with conditions such as supervision by a licensed cosmetology teacher, the salon owner, or the designated person in charge. The section is written in terms of cosmetology licenses, so confirm with the Board how it applies to a limited license. A new misdemeanor or felony conviction, or a broken condition, revokes the restricted license immediately.
Scenario: an old conviction and a new plea
An applicant has a 7-year-old conviction for retail theft and worries the Board will call it a lack of good moral character. The Board must apply § 3113, and the applicant may file a § 3115 petition first and receive a preliminary decision within 45 days for no more than $45. Two years after licensure, the same technician accepts Accelerated Rehabilitative Disposition for a misdemeanor in another county. That disposition must be reported to the Board in writing within 30 days under § 3104.
How many members sit on the Pennsylvania State Board of Cosmetology under Section 1.1 of the Cosmetology Law?
7
11
13
9
A nail technician's license is revoked. What does Section 13(c) of the Cosmetology Law provide?
No reinstatement without a court order; the person may reapply after 5 years
The license is reinstated automatically after a 1-year waiting period ends
The person may keep working under the license while any appeal is pending
The license is restored once the person pays a $500 reinstatement fee
Within what period must a licensee give the Board written notice of a misdemeanor plea or an ARD disposition under 63 Pa.C.S. § 3104?
At the next renewal
90 days
30 days
10 days
An applicant with a criminal record wants to know, before applying, whether the record will block a Pennsylvania license. What does 63 Pa.C.S. § 3115 allow?
A petition for preliminary review, decided within 45 days for at most a $45 fee
An automatic approval if the conviction is more than 2 years old
Nothing, because the Board considers criminal records only after a failed exam
A free lifetime waiver once the applicant finishes school
Sections you finish are checked off in the contents.