Bill Text: HI HB1081 | 2018 | Regular Session | Introduced
Bill Title: Relating To Citations For Beauty Culture Violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-01-17 - Re-Referred to CPH, JDC/WAM. [HB1081 Detail]
Download: Hawaii-2018-HB1081-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1081 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CITATIONS FOR BEAUTY CULTURE VIOLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 439, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§439- Citation for licensee or permittee violations; fines. (a) In addition to any other remedy available under this chapter, the department may issue a citation to any person who holds a beauty operator, beauty instructor, beauty shop, or beauty school license, or a temporary or beauty apprentice permit, for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:
(1) Failure of a beauty operator, beauty instructor, beauty school, beauty apprentice, or temporary permittee engaged in the 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 beauty shop owner or beauty school to ensure that only individuals who hold a current and appropriate license or permit engage in the practice of cosmetology in the beauty shop or beauty school;
(3) Failure of a beauty shop engaged in the practice of cosmetology to conspicuously display, in all reception and work rooms, a sign that shall read "PRICE LIST AVAILABLE UPON REQUEST" in capital letters at least three-fourths inch in size;
(4) Failure of a beauty school to identify each instructor-trainee at the beauty school during all hours of instruction with a name tag stating "Instructor-trainee";
(5) Failure of a beauty school to identify each instructor at the beauty school during all hours of instruction with a name tag stating "instructor" and identifying the instructor's appropriate beauty operator category;
(6) Failure of a beauty school during all hours of instruction to operate the beauty school with an instructor-student ratio of one instructor for every twenty-five students, or with a minimum of two licensed instructors; or
(7) Failure of a beauty school performing work upon or for members of the public to display in a conspicuous place in the reception and work rooms one or more signs at least 18" x 24" in size that shall read "School of Beauty Culture – Work done by students under supervision".
(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 $100 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."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act, upon its approval, shall take effect on July 1, 2017.
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INTRODUCED BY: |
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BY REQUEST
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Report Title:
Citations; Beauty Culture Violations; Fines
Description:
Authorizes the issuance of a citation for specific violations of beauty culture laws by licensees and permittees. Sets forth a process for licensees and permittees to contest the citation and provides for the assessment of fines for each violation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
