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Home » 2014 Issues » Vol. 44, No. 5 (02/01/2014) » 236 Corrective amendment to 49 Pa. Code § 43b.4

  236 Corrective amendment to 49 Pa. Code § 43b.4  

  • BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

    [ 49 PA. CODE CH. 43b ]

    Corrective Amendment to 49 Pa. Code § 43b.4

    [44 Pa.B. 597]
    [Saturday, February 1, 2014]

     The Bureau of Professional and Occupational Affairs has discovered a discrepancy between the agency text of 49 Pa. Code § 43b.4 (relating to schedule of civil penalties—barbers and barber shops) as deposited with the Legislative Reference Bureau and the official text as published at 36 Pa.B. 7833, 7836 (December 23, 2006) and as currently appearing in the Pennsylvania Code. The citation for a violation of section 7 of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 557), ''availability of current license on premises,'' was cited incorrectly.

     Therefore, under 45 Pa.C.S. § 901: The Bureau of Professional and Occupational Affairs has deposited with the Legislative Reference Bureau a corrective amendment to 49 Pa. Code § 43b.4. The corrective amendment to 49 Pa. Code § 43b.4 is effective December 23, 2006, the effective date of adoption of the final-form rulemaking amending this section.

     The correct version of 49 Pa. Code § 43b.4 appears in Annex A.

    Annex A

    TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS

    PART I. DEPARTMENT OF STATE

    Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS

    CHAPTER 43b. COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

    SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL

    § 43b.4. Schedule of civil penalties—barbers and barber shops.

    STATE BOARD OF BARBER EXAMINERS

    Violation
    under 35 P. S.     		Title/Description Civil Penalty
    Section 637.6(a)(1) Failure of licensed barber shop or school to post
    a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. § 637.4)     		1st offense—$250
    2nd offense (within 1 year of 1st offense)—$500
    3rd offense (within 1 year of 2nd  offense)—$1,000
    Subsequent offenses (within 1 year of previous  offense)—$1,000
    Section 637.6(a)(2) Barber shop permitting smoking in the barber shop or barber school permitting smoking in
    the barber school in violation of the Clean
    Indoor Air Act (35 P. S. §§ 637.1—637.11)     		1st offense—$250
    2nd offense (within 1 year of 1st offense)—$500
    3rd offense (within 1 year of 2nd  offense)—$1,000
    Subsequent offenses (within 1 year of previous  offense)—$1,000
    Section 637.6(a)(3) Licensee of the Board smoking in a barber shop or in a barber school in violation of the Clean Indoor Air Act 1st offense—$250
    2nd offense (within 1 year of 1st offense)—$500
    3rd offense (within 1 year of 2nd  offense)—$1,000
    Subsequent offenses (within 1 year of previous  offense)—$1,000
    Violation
    under 63 P. S.     		Title/Description Civil Penalty
    Section 551 Practicing without a license 1st offense—$500
    2nd offense—Formal action
    Section 557 Availability of current license on premises 1st offense—$150
    2nd offense—$500
    Section 558 Practicing on a lapsed or expired license 1st offense—Up to 90 days—Warning; 90 days  to 1 year—$250; 1 year to 2 years—$500;  over 2 years—$1,000
    2nd offense—Formal action
    Section 562(a)(2) Operating a business or facility on a lapsed or expired permit or license 1st offense—Up to 90 days—Warning; 90 days  to 1 year—$250; from 1 year to 2  years—$500; over 2 years—$1,000
    2nd offense—Formal action
    Section 559 Failure to employ licensed persons 1st offense—$500 for each individual  unlicensed barber
    2nd offense—Formal action
    Section 560 Opening shop for business before shop inspected and approved 1st offense—$200
    2nd offense—Formal action
    Section 560 Failure to file application when taking over as owner of existing shop 1st offense—$500
    2nd offense—Formal action
    Section 562 Operating an establishment without supervision of designated manager barber or other designated licensee 1st offense—$250
    2nd offense—Formal action
    Section 560 Operating a business or facility without a permit or license 1st offense—$500
    2nd offense—Formal action
    Section 563(a) Licensee practicing in place other than licensed shop 1st offense—$500
    2nd offense—Formal action
    Violation
    under 49 Pa. Code
    Chapter 3     		Title/Description Civil Penalty
    Section 3.51(a) Failure to obtain new shop license when shop moves 1st offense—$500
    2nd offense—Formal action
    Section 3.51(b) Failure to register trade name 1st offense—$100
    2nd offense—Formal action
    Section 3.54 Failure to meet minimum equipment requirements 1st offense—$100
    2nd offense—Formal action
    Section 3.55 Failure to meet minimum maintenance and sanitation requirements 1st offense—$100
    2nd offense—Formal action
    Section 3.85 School equipment does not meet requirements 1st offense—$100
    2nd offense—Formal action
    Section 3.86 School maintenance and sanitation requirements not met 1st offense—$250
    2nd offense—Formal action
    Section 3.89 School advertising requirements not met 1st offense—$250
    2nd offense—Formal action
    [Pa.B. Doc. No. 14-236. Filed for public inspection January 31, 2014, 9:00 a.m.]

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PA Codes:
49 Pa. Code § 43