(a) In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a barber, beauty operator, beauty instructor, barber shop, beauty shop, or beauty school license, or a temporary permit or apprentice permit, for any of the following violations of this chapter or rules adopted pursuant to this chapter and chapter 91:
Terms Used In Hawaii Revised Statutes 439A-15
Apprentice permit: means a permit issued by the board, upon registration and payment of application and registration fees, to a barber apprentice or beauty apprentice. See Hawaii Revised Statutes 439A-2
Barber: means a person licensed in the State to engage in the practice of barbering for compensation. See Hawaii Revised Statutes 439A-2
Barber apprentice: means a person registered with the board to learn the practice of barbering within a barber shop or beauty shop and while learning assists in the practice of barbering under the immediate direction and supervision of a barber or beauty operator with the license category of cosmetologist or hairdresser for the hairdresser portion of training. See Hawaii Revised Statutes 439A-2
Barber shop: means an establishment or a place of business licensed in the State that engages in or carries on the practice of barbering as the primary purpose of that establishment or place of business; provided that the practice of cosmetology is allowed. See Hawaii Revised Statutes 439A-2
Beauty apprentice: means a person registered with the board to learn the practice of cosmetology within a barber shop or beauty shop and while learning assists in any of the practices of cosmetology under the immediate direction and supervision of a barber or beauty operator. See Hawaii Revised Statutes 439A-2
Beauty instructor: means a person licensed in the State who teaches the practice of cosmetology. See Hawaii Revised Statutes 439A-2
Beauty operator: means one of the following license categories: cosmetologist, hairdresser, esthetician, or nail technician. See Hawaii Revised Statutes 439A-2
Beauty school: means a school licensed in the State to engage in teaching the practice of cosmetology. See Hawaii Revised Statutes 439A-2
Beauty shop: means an establishment or a place of business licensed in the State that engages in or carries on the practice of cosmetology as the primary purpose of that establishment or place of business; provided that the practice of barbering is allowed. See Hawaii Revised Statutes 439A-2
Board: means the board of barbering and cosmetology as established pursuant to section -4. See Hawaii Revised Statutes 439A-2
Practice of barbering: means any of the following practices: shaving, cutting, trimming, singeing, shampooing, arranging, dressing, curling, waving, relaxing, or coloring the hair or beard or applying tonics or other preparation thereto; massaging, cleansing, or applying oils, creams, lotions, or other preparation to the face, scalp, or neck, either by hand or by mechanical appliances. See Hawaii Revised Statutes 439A-2
Statute: A law passed by a legislature.
Temporary permit: means a permit allowing an applicant approved for examination to practice as a barber, beauty operator, or beauty instructor under the supervision of a barber, beauty operator, or beauty instructor for one year after the permit's date of issuance. See Hawaii Revised Statutes 439A-2
(1) Failure of a barber, beauty operator, beauty instructor, barber shop, beauty shop, beauty school, barber apprentice, beauty apprentice, or temporary permittee engaged in the practice of barbering or practice of cosmetology to display a license or permit in a conspicuous place in the office, place of business or employment, or school, during all hours of operation;(2) Failure of a barber shop owner, beauty shop owner, or beauty school owner to ensure that only individuals who hold a current and appropriate license or permit engage in the practice of barbering or practice of cosmetology in the barber shop, beauty shop, or beauty school;(3) Failure of a barber shop or beauty shop engaged in the practice of barbering or practice of cosmetology to conspicuously display in reception or work rooms, a price list or sign that shall read “PRICE LIST AVAILABLE UPON REQUEST” in capital letters at least three-fourths of one inch;(4) Failure of a beauty school to identify each beauty instructor-trainee at the beauty school with a name tag, stating that person’s full name and the words “Instructor-trainee”, to be worn during all hours of instruction;(5) Failure of a beauty school to identify each beauty instructor at the beauty school with a name tag, stating that person’s full name, the word “Instructor”, and identifying the beauty instructor’s appropriate beauty operator category, to be worn during all hours of instruction;(6) Failure of a beauty school, during all hours of instruction, to operate the beauty school with a beauty instructor-student ratio of at least one beauty instructor for every twenty-five students, and with a minimum of two beauty instructors; or(7) Failure of a beauty school that performs work upon or for members of the public to display, in a conspicuous place in each reception and work room, a sign not less than eighteen inches by twenty-four inches that shall state “School of Beauty Culture–Work done by students under supervision” in letters not less than one-half of one inch.(b) Each citation:
(1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;(2) May contain an order of abatement and the assessment of a fine in the amount of $500 for each violation;(3) Shall be served on the licensee or permittee by personal service; and(4) Shall inform the licensee or permittee that the licensee or permittee may submit a written request to the board or its designee for a hearing to contest the citation, within twenty calendar days from the service of the citation.(c) If the licensee or permittee timely submits a written request to the board or its designee for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.(d) If the licensee or permittee does not timely submit a written request to the board or its designee for a hearing, the citation shall be deemed a final order of the board.(e) Failure of a licensee or permittee to pay any assessed fine within thirty calendar days, unless the licensee or permittee contests the citation, may result in further disciplinary action taken by the board.
