Section 5-407 - Denials, reprimands, suspensions, revocations, and penalties; procedure; opportunity to correct violation.
§ 5-407. Denials, reprimands, suspensions, revocations, and penalties; procedure; opportunity to correct violation.
(a) Grounds.-
(1) Subject to the hearing provisions of § 5-408 of this subtitle, the Board may deny registration as an apprentice to any applicant, reprimand any individual registered as an apprentice, or suspend or revoke the registration of an individual registered as an apprentice:
(i) for any applicable ground under § 5-314 of this title;
(ii) if the applicant or individual fraudulently or deceptively obtains or attempts to obtain registration for the applicant or individual or for another; or
(iii) if the applicant or individual fraudulently or deceptively uses a certificate of registration.
(2) (i) Instead of or in addition to reprimanding an individual registered as an apprentice or suspending or revoking a registration, the Board may impose a penalty not exceeding $300 for all violations cited on a single date.
(ii) To determine the amount of penalty imposed under this subsection, the Board shall consider:
1. the seriousness of the violation;
2. the good faith of the violator;
3. the violator's history of previous violations;
4. the deleterious effect of the violation on the complainant, the public, and the cosmetology industry; and
5. any other factors relevant to the determination of the penalty.
(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.
(b) Complaints.- The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.
(1) A complaint shall:
(i) be in writing;
(ii) be signed by the complainant;
(iii) state specifically the facts on which the complaint is based;
(iv) be submitted to the Executive Director of the Board; and
(v) be served on the person to whom it is directed:
1. personally; or
2. by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person's last known address as shown on the Board's records.
(2) If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.
(c) Findings and actions by Board.-
(1) Except as provided in subsection (d) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5-408 of this subtitle to deny, suspend, or revoke a certificate of registration, reprimand an apprentice, or assess a penalty.
(2) If the Board does not make the finding, the Board shall dismiss the complaint.
(d) Opportunity to correct violation.-
(1) If the Board makes the finding under subsection (c)(1) of this section for a violation that relates to the sanitary practice of cosmetology, the Board shall provide the apprentice an opportunity to correct the alleged violation.
(2) If the apprentice fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5-408 of this subtitle.
(3) If the apprentice corrects each alleged violation within 10 days of notice, the Board shall:
(i) dismiss the complaint; and
(ii) provide the apprentice written notification of the dismissal.
[An. Code 1957, art. 56, § 495; 1989, ch. 3, § 1; ch. 236, § 1; ch. 632, § 3; 1991, ch. 481; 1992, ch. 22, § 1; 2001, ch. 187.]