Section 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

The provisions of this § 43b.4 amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673; corrected January 31, 2014, effective December 23, 2006, 44 Pa.B. 597. Immediately preceding text appears at serial pages (365019) to (365022).

Notation

Authority

The provisions of this § 43b.4 amended under the act of July 2, 1993 (P. L. 345, No. 48).