8.3 Prohibited Acts and Civil Penalties
Key Takeaways
Section 20(a) provides a summary fine not exceeding $300, imprisonment not exceeding three months, or both, for practicing or teaching without complying with the act.
63 Pa.C.S. § 3108(b)(4), the 2020 codification of Act 48, lets the Board levy up to $10,000 per violation after a hearing. Section 20(c.2) still prints $1,000 and is repealed insofar as it is inconsistent.
A citation under the § 43b.5 schedule may not exceed $1,000 per violation under 63 Pa.C.S. § 3108(a)(1)(iii), and the schedule lists $500 then formal action for practicing without a license.
An owner convicted under Section 20(e) of employing an unlicensed nail technician faces a fine not exceeding $500, imprisonment not exceeding six months, or both.
Failing to submit to a salon inspection during business hours is a ground for discipline under Section 13(a). That section does not add a warrant requirement or an advance-notice period.
One violation can be a criminal summary case, a Board civil penalty, and a citation on a published schedule. The dollar caps differ because the subsections differ.
Summary fines
Section 20(a) applies to a person who practices or teaches cosmetology, or acts in any capacity where licensing is required, without complying with the act. On conviction in a summary proceeding, the sentence is a fine not exceeding $300, and/or imprisonment not exceeding three months. Section 20(c.1) covers any person, partnership, or corporation that violates the act. A first conviction is a fine not exceeding $300 or imprisonment not exceeding three months. A second or later conviction is a fine not exceeding $600 or imprisonment not exceeding six months, or both. The act says this subsection specifically governs unlicensed activity in the practice of cosmetology.
The Board's civil penalty: $1,000 printed, $10,000 in current law
Section 20(c.2) is a civil penalty in addition to any other civil remedy or criminal penalty. As printed, it lets the Board levy up to $1,000 on a current licensee who violates the act, or on a person who practices cosmetology, nail technology, or esthetics without being properly licensed, only after an opportunity for a hearing under Title 2 of the Pennsylvania Consolidated Statutes. The compiler's note to Section 20 says subsection (c.2) is repealed insofar as it is inconsistent with the 2009 amendment of Act 48's civil-penalty section.
Act 48 itself was repealed in 2020, and Act 53 of 2020 carried its provisions into 63 Pa.C.S. Chapter 31. Under 63 Pa.C.S. § 3108(b)(4), a licensing board may levy a civil penalty of not more than $10,000 per violation on a licensee or an unlicensed person who violates the licensing act or the board's regulations. Section 3108(b) also allows up to $10,000 per violation for aiding and abetting unlicensed practice, and it lets the Board assess the costs of investigation. If an item asks for the Board's current maximum, the answer is $10,000 per violation. If it quotes Section 20(c.2), the printed figure is $1,000. The levying vote is a majority of the Board's maximum authorized membership, or a majority of the qualified and confirmed membership or a minimum of five members, whichever is greater.
The owner's criminal penalty
Section 20(e) applies upon conviction of the owner of a salon that employs an unlicensed cosmetologist, nail technician, or esthetician. The sentence is a fine not exceeding $500, or imprisonment not exceeding six months, or both.
Schedule amounts in § 43b.5
49 Pa. Code § 43b.5 prints the civil-penalty schedule for cosmetologists, nail technicians, estheticians, natural hair braiders, and salons. Formal action in the second-offense column means the schedule names that step instead of a second dollar amount. These are citation amounts. Under 63 Pa.C.S. § 3108(a)(1)(iii), a citation penalty may not exceed $1,000 per violation, and a citation may be appealed to a hearing examiner or the Board.
| Violation | First offense | Second offense |
|---|---|---|
| Practicing without a license (63 P.S. Section 508) | $500 | Formal action |
| Maintaining an unlicensed shop (63 P.S. Section 508) | $500 | Formal action |
| Practice in a place other than a licensed shop (63 P.S. Section 514) | $500 | Formal action |
| Owner employing unlicensed employees (63 P.S. Section 519(a)) | $500 for each unlicensed individual | Formal action |
| Manager employing unlicensed persons (§ 7.64(a)) | $500 for each unlicensed individual | Formal action |
| Availability of current licenses and permits (63 P.S. Section 524) | $100 | $250 |
| Practice on a lapsed license (§ 7.43) | Up to 90 days, a warning; 90 days or more, $250 | Formal action |
| Operating without a manager (§ 7.62) | $100 | $250 |
| Failure to sterilize equipment (§ 7.92) | $100 | $250 |
| Physical requirements (§§ 7.71 through 7.79) | $50 for each violation | $100 for each violation |
The § 7.92 row is titled failure to sterilize equipment. The physical-requirements row covers the equipment and floor-space sections in §§ 7.71 through 7.79. A missing blood spill kit, or a sink that is not readily accessible in the work area, is priced on that row at $50 for each violation the first time and $100 for each violation the second time. The lapsed-license row does not replace the $5-per-month penalty fee in § 7.43 for practice while unregistered. Section 8 makes paid nail technology unlawful, except for a residence visit by appointment, outside a licensed cosmetology salon or a salon limited to esthetics or nail technology. That is the conduct the schedule prices under 63 P.S. Section 514. Section 18 requires each license holder to display the license in a conspicuous place in the principal place of business or employment. That display duty sits behind the Section 524 availability amounts.
Refusing an inspection
Section 13(a) authorizes the Board to refuse, revoke, refuse to renew, or suspend a license, upon due hearing, for failing to submit to an inspection of the salon during business hours. The subsection does not require a warrant or an advance-notice period. Before suspension or revocation, the holder receives written notice of the charges and a public hearing. Section 14 separately makes it unlawful for a salon or school owner to permit any person to sleep in, or use for residential purposes, any room used wholly or in part as a salon or school.
Scenario
During business hours, an inspector enters a nail salon. The owner demands a warrant and a return visit next week. No designated person in charge is present. One licensed nail technician's license is not on the premises. A second person with no Pennsylvania license is performing nail technology as the owner's employee. Refusal during business hours is a Section 13(a) ground for discipline. The warrant and the week's notice are not in that section. On the schedule, operating without a manager is $100 then $250. Missing availability of a current license is $100 then $250. Practicing without a license is $500 then formal action. The owner employing that unlicensed person is $500 for that individual, then formal action. A Section 20(e) conviction can separately bring a fine not exceeding $500, up to six months, or both. Each track keeps the dollar amount stated in its own subsection.
What civil penalty authority does the State Board of Cosmetology have under current Pennsylvania law?
No civil penalty of any amount, because only a county court may fine a licensee or an unlicensed person
Only a summary fine of up to $300 with three months in jail, which the Board imposes itself without a hearing
Up to $10,000 per violation after a hearing under 63 Pa.C.S. § 3108(b)(4), while a citation is capped at $1,000
An automatic $50 penalty for each missing towel, imposed with no opportunity for a hearing or an appeal
On the 49 Pa. Code § 43b.5 schedule, what is the civil penalty for practicing without a license?
$500 for a first offense and formal action for a second offense
A warning for a first offense and $50 for a second offense
$50 for each violation on a first offense and $100 for each violation on a second offense
$100 for a first offense and $250 for a second offense
What does Cosmetology Law Section 13(a) say about a licensee who refuses a salon inspection during business hours?
Refusal is permitted whenever the designated person in charge is away from the salon
Refusal is permitted whenever current licenses are posted in a conspicuous place
The inspector must obtain a warrant and give 48 hours' notice before entering the salon
Refusing a business-hours inspection is a ground to refuse, suspend, or revoke a license
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