(a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. Investigators of the Division may enter any nail salon, beauty salon, barbershop or aesthetics shop in furtherance of their investigation. Upon a determination that an individual is practicing cosmetology, barbering, electrology, nail technology or aesthetics without a license, the investigator shall request that a Justice of the Peace Court issue a summons for a violation of § 5117(b) or (c) of this title, as applicable. The investigator or the Attorney General or their designee, or any other person authorized by law, shall prosecute the matter. A copy of the investigator’s report, including the summons and complaint, shall be sent to the Board. A condition of bond shall be that the accused shall not practice the regulated conduct without first obtaining a license from the Division, and any violations of bond shall be treated as criminal contempt, pursuant to § 1271(3) of Title 11.

Terms Used In Delaware Code Title 24 Sec. 5112

  • Barber: means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, cuts or dresses hair, gives facial or scalp massages, or treats beards or scalps with preparations made for this purpose. See Delaware Code Title 24 Sec. 5101
  • Board: means the state Board of Cosmetology and Barbering under this chapter. See Delaware Code Title 24 Sec. 5101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Cosmetology: means performing any of the following services for compensation:

    a. See Delaware Code Title 24 Sec. 5101

  • Division: means the Delaware Division of Professional Regulation. See Delaware Code Title 24 Sec. 5101
  • Person: means a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 5101
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Summons: Another word for subpoena used by the criminal justice system.

(b) Those complaints involving unsanitary conditions or other conditions in any nail salon, cosmetology or beauty salon, barber shop, electrology salon or aesthetics shop which may harm the health of those receiving the services outlined in this chapter shall be investigated by the Division of Public Health.

64 Del. Laws, c. 8, § ?1; 65 Del. Laws, c. 355, § ?1; 69 Del. Laws, c. 178, § ?1; 71 Del. Laws, c. 299, § ?1; 73 Del. Laws, c. 158, §§ ?17, 18; 77 Del. Laws, c. 65, § ?1;