§ 17-26-104 - Unlawful practices.
17-26-104. Unlawful practices.
(a) (1) It is unlawful for any person, firm, or corporation to violate this chapter or a rule adopted by the Cosmetology Technical Advisory Committee pursuant to this chapter.
(2) Evidence of a violation may result in a criminal or civil penalty.
(3) Each day of a violation is a separate offense.
(b) (1) Being found guilty of a criminal penalty is a Class D misdemeanor and is punishable by a fine in any sum not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not more than ninety (90) days, or by both fine and imprisonment.
(2) After being found guilty of a Class D misdemeanor under this section, a subsequent charge under this section is a Class C misdemeanor.
(3) All prosecuting attorneys of the state and all political subdivisions of the state shall enforce this chapter and prosecute any person or entity violating it.
(c) (1) Being found in violation of a civil penalty under this section may result in suspension of license, revocation of license, fine, or any combination.
(2) For good cause shown and pursuant to rules of the committee, the committee may revoke, suspend, or refuse to renew at any time any license issued under this chapter on any of the grounds for disciplinary actions under 17-26-105.
(3) (A) The committee shall suspend the license of any person licensed under this chapter who has been adjudged by a court of competent jurisdiction to be insane or legally incompetent.
(B) The record of the adjudication shall be prima facie evidence that the person is insane or legally incompetent within the meaning of subdivision (c)(3)(A) of this section.
(C) The committee shall not reinstate a license that has been suspended under subdivision (c)(3)(A) of this section, except upon proof that the licensee has been restored to a mental condition that would allow the licensee to comply with the requirements of this chapter.
(4) (A) Whenever the committee finds that a licensee or a holder of a permit issued by the committee is guilty of a violation of the rules of the committee or the laws of this state pertaining to any occupation, profession, or business licensed or regulated by the committee, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of the license or permit.
(B) Upon imposition of a penalty in lieu of suspension or revocation of a license or permit, the committee may require that the licensee or permit holder pay a penalty to the committee for the violation with the condition that the license or permit may be suspended until the penalty is paid.
(C) (i) Prior to the imposition of a penalty, the committee shall hold an investigation and hearing after notice to the licensee or his or her attorney.
(ii) The penalty may be imposed in lieu of revocation or suspension of a license or permit only if the committee finds that the public health, safety, welfare, and morals would not be impaired and that the penalty achieves the desired disciplinary result.
(5) (A) The committee shall establish by rule the penalty system to be imposed under this section.
(B) The minimum penalty shall be twenty-five dollars ($25.00), and a maximum penalty of one thousand dollars ($1,000) is authorized if the penalty is imposed by the committee in lieu of revocation or suspension of a license or permit.
(C) The committee shall establish by rule an option that mandates a person to attend a health and safety training course in lieu of or in addition to paying a penalty.
(6) The power of the committee to impose penalties shall not be affected by any other civil or criminal proceeding concerning the violation.
(d) The committee may refuse to issue a license to any person upon reasonable evidence that the person would jeopardize the health and safety of the public.
(e) Any person penalized by the committee under this chapter may appeal any order of the committee in the manner provided by law.
(f) The committee may impose a civil penalty as provided in this section against any unlicensed person, firm, or corporation practicing or offering to practice any act that requires licensure under this chapter.