157.13 - VIOLATIONS.
157.13 VIOLATIONS.
1. It is unlawful for a person to employ an individual to
practice cosmetology arts and sciences unless that individual is
licensed or has obtained a temporary permit under this chapter. It
is unlawful for a licensee to practice with or without compensation
in any place other than a licensed salon, a licensed school of
cosmetology arts and sciences, or a licensed barbershop as defined in
section 158.1. The following exceptions to this subsection shall
apply:
a. A licensee may practice at a location which is not a
licensed salon, school of cosmetology arts and sciences, or licensed
barbershop under extenuating circumstances arising from physical or
mental disability or death of a customer.
b. Notwithstanding section 157.12, when the licensee is
employed by a physician and provides cosmetology services at the
place of practice of a physician and is under the supervision of a
physician licensed to practice pursuant to chapter 148.
c. When the practice occurs in a facility licensed pursuant
to chapter 135B or 135C.
2. It is unlawful for a licensee to claim to be a licensed
barber, however a licensed cosmetologist may work in a licensed
barbershop. It is unlawful for a person to employ a licensed
cosmetologist, esthetician, or electrologist to perform the services
described in section 157.3A if the licensee has not received the
additional training and met the other requirements specified in
section 157.3A.
3. If the owner or manager of a salon does not comply with the
sanitary rules adopted under section 157.6 or fails to maintain the
salon as prescribed by rules of the department, the department may
notify the owner or manager in writing of the failure to comply. If
the rules are not complied with within five days after receipt of the
written notice by the owner or manager, the department shall in
writing order the salon closed until the rules are complied with. It
is unlawful for a person to practice in a salon which has been closed
under this section. The county attorney in each county shall assist
the department in enforcing this section.
4. If the board has reasonable grounds to believe that a person
or establishment which is not licensed under this chapter has
engaged, or is about to engage, in an act or practice which requires
licensure under this chapter, or otherwise violates a provision of
this chapter, the board may issue an order to require the unlicensed
person or establishment to comply with the provisions of this
chapter, and may impose a civil penalty not to exceed one thousand
dollars for each violation of this chapter by an unlicensed person or
establishment. Each day of a continued violation after an order or
citation by the board constitutes a separate offense, with the
maximum penalty not to exceed ten thousand dollars.
a. In determining the amount of a civil penalty, the board
may consider the following:
(1) Whether the amount imposed will be a substantial economic
deterrent to the violation.
(2) The circumstances leading to or resulting in the violation.
(3) The severity of the violation and the risk of harm to the
public.
(4) The economic benefits gained by the violator as a result of
noncompliance.
(5) The welfare or best interest of the public.
b. The board may conduct an investigation as needed to
determine whether probable cause exists to initiate the proceedings
described in this subsection. Before issuing an order or citation
under this section, the board shall provide written notice and the
opportunity to request a hearing on the record. The hearing must be
requested within thirty days of the issuance of the notice and shall
be conducted as provided in chapter 17A. The board may, in
connection with a proceeding under this section, issue subpoenas to
compel the attendance and testimony of witnesses and the disclosure
of evidence and may request the attorney general to bring an action
to enforce the subpoena.
c. A person aggrieved by the imposition of a civil penalty
under this section may seek judicial review in accordance with
section 17A.19. The board shall notify the attorney general of the
failure to pay a civil penalty within thirty days after entry of an
order pursuant to this subsection, or within ten days following final
judgment in favor of the board if an order has been stayed pending
appeal. The attorney general may commence an action to recover the
amount of the penalty, including reasonable attorney fees and costs.
An action to enforce an order under this subsection may be joined
with an action for an injunction. Section History: Early Form
[C31, 35, § 2585-c12; C39, § 2585.22; C46, 50, 54, 58, 62, 66,
71, 73, 77, 79, 81, § 157.13] Section History: Recent Form
88 Acts, ch 1110, § 3; 92 Acts, ch 1205, § 11; 2004 Acts, ch 1044,
§12, 13; 2005 Acts, ch 89, §33; 2006 Acts, ch 1184, §103, 104; 2008
Acts, ch 1088, §111