Delaware Code Title 24 Sec. 5117 – Practicing without a license; penalties
(a) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner’s license.
Terms Used In Delaware Code Title 24 Sec. 5117
- Aesthetician: is a n individual who practices any of the following:
- 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
- Cosmetologist: means any person licensed under this chapter who is not an apprentice or student practicing cosmetology, who shall have the qualifications provided for by this chapter. See Delaware Code Title 24 Sec. 5101
- Cosmetology: means performing any of the following services for compensation:
- Electrologist: means any person licensed under this chapter who, for a monetary consideration, engages in the removal of superfluous hair by use of specially designed electric needles. See Delaware Code Title 24 Sec. 5101
- Instructor: means any person who teaches cosmetology, barbering, electrology or nail technology. See Delaware Code Title 24 Sec. 5101
- Nail technician: means any person licensed under this chapter who engages only in the practice of manicuring, pedicuring or sculpting nails, including acrylic nails, of any person. 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
(b) Where a person not currently licensed as a cosmetologist, barber, electrologist, nail technician, aesthetician or instructor, in any of the professions for which a license is required, is convicted of unlawfully practicing cosmetology, barbering, electrology, nail technology or aesthetics in violation of this chapter, such offender shall, upon the first offense, be fined not less than $100 nor more than $500, and shall pay all costs; provided, however, that where it is alleged that such violation has resulted in injury to any person, the offender shall be charged and tried under the applicable provision or provisions of Title 11.
(c) Where a person previously convicted of unlawfully practicing cosmetology, barbering, electrology, nail technology, or aesthetics or instructing in any of the professions for which a license is required under this chapter, is convicted a second or subsequent time of such offense, the fine assessed against such person shall be not less than $500 nor more than $1,000 for each subsequent offense thereafter.
(d) Where a person in violation of this section unlawfully practiced cosmetology, barbering, electrology, nail technology or aesthetics or instruction of these professions, the shop or school owner and/or manager shall, upon the first offense, be fined not less than $500 nor more than $1000, and shall pay all costs. Upon the second offense and each offense thereafter, the shop or school owner and/or manager shall be fined not less than $1000 nor more than $1500.
64 Del. Laws, c. 8, § ?1; 69 Del. Laws, c. 178, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 299, § ?2; 72 Del. Laws, c. 176, §§ ?1, 2; 77 Del. Laws, c. 65, § ?1;