Cal. Code Regs. tit. 16 § 974

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 974 - Schedule of Administrative Fines

(a) An administrative fine may be assessed for violations of the specified sections of the Business and Professions Code (BPC) and of Division 9 of Title 16 of the California Code of Regulations as follows (in dollars):

*Section*	*1st Violation*	*2nd Violation*	*3rd Violation*	*For purposes of BPC section 7407.1, fine applies to the:*	*Waivable*
7313. Access to Establishment for Inspection	250	500	750	Holder of the establishment license	No

7317. Unlicensed Establishment	500	1,000	1,000		No

7317. Unlicensed Individual	1,000	1,000	1,000		No

7317. Expired Establishment License	250	300	500	Holder of the establishment license	No

7317. Expired Individual License	250	300	500	Individual licensee	No

7317. Individual Working in an Expired Establishment	25	50	100	Individual licensee	No

7317. Individual Working in an Unlicensed Establishment	250	300	500	Individual licensee	No

7320. Practice of Medicine	1,000	1,000	1,000	Holder of the establishment license; fine also applies to the individual licensee when the individual licensee can be determined and is present	No

7320.1. Use of Illegal Metal Tools	250	500	500	Holder of the establishment license; fine also applies to the individual licensee when the individual licensee can be determined and is present	No

7320.2. Illegal Treatment Methods	500	500	500	Holder of the establishment license; fine also applies to the individual licensee when the individual licensee can be determined and is present	No

7336. No Supervision of Apprentice	100	150	200	Individual licensee	No

7348. No Licensee in Charge of Establishment	100	150	200	Holder of the establishment license	No

7349. Employing Unlicensed Persons	1,000	1,000	1,000	Holder of the establishment license	No

7349. Employing Unlicensed Persons -- Expired License	250	300	500	Holder of the establishment license	No

7349.1. Illegal Use of a Barber Pole	25	50	100	Holder of the establishment license	No

7350. Establishment Residential Use/Entrance/Prohibited Use	50	100	150	Holder of the establishment license	No

7351. Restroom Requirement -- Clean/Storage/Floor/Vented	50	100	150	Holder of the establishment license	No

7352. No Soap/Towels or Air Hand Dryers in Hand Washing Facilities	50	100	150	Holder of the establishment license	No

7353.4. Labor Rights Notice Not Posted	50	100	150	Holder of the establishment license	No

7358. No Licensee in Charge of Mobile Unit	100	150	200		No

7359. Employing Unlicensed Person in Mobile Unit	1,000	1,000	1,000		No

7360. Mobile Unit -- Residential/Prohibited Use	50	100	150		No

7400. No Change of Address Notice Filed	50	100	150	Individual licensee	No

7404(l). Interference with Inspection	1,000	1,000	1,000	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee is solely responsible for interfering with an inspection	No

904(d). No Photographic Identification Available	50	100	150	Individual licensee	No

905. Consumer Info. Not Posted	50	100	150	Holder of the establishment license	No

920. Apprentice Training Records Not Available/Incomplete	100	150	200	Individual licensee	No

965. Display of Licenses	50	100	150	Holder of the establishment license when an establishment license is not conspicuously posted in the reception area; fine applies to the individual licensee and the holder of the establishment license when the individual's license is not conspicuously posted at his or her primary work station	No

978(a)(1), (a)(2),(a)(3), (a)(4). Receptacles, Cabinets and Containers	50	100	150	Holder of the establishment license	No

978(a)(5). Insufficient Disinfectant in Container for Total Immersion	100	150	200	Holder of the establishment license	No

978(a)(6). No Steam/Dry Heat Sterilizer for Electrology Tools	500	1,000	1,500	Holder of the establishment license	No

978(b). No Disinfectant Solution Available for Use	250	300	500	Holder of the establishment license	No

978(c). No Manufacturer-Labeled Container for Disinfectant	250	300	500	Holder of the establishment license	No

979. Disinfecting Non-Electrical Tools and Equipment	100	250	500	Individual licensee when the individual licensee can be determined and is present; fine applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

980(a). Incorrect Disinfection of Electrical Items	100	250	500	Individual licensee when the individual licensee can be determined and is present; fine applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

980(b). Incorrect Storage of Electrical Disinfected Items	50	100	150	Individual licensee when the individual licensee can be determined and is present; fine applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

980(c). Incorrect Storage of Soiled Electrical Tools	50	100	150	Individual licensee when the individual licensee can be determined and is present; fine applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

980.1. Incorrect Disinfection of Pedicure Spas (Per Chair)	500	500	500	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.1(c)(7). 980.1(d)(8). 980.1(e)(4). Incorrect/Missing Log	100	150	200	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.1(g). Failure to List Chair as "Not in Service" in Log; No Sign Displayed on Chair	50	100	150	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.2. Incorrect Disinfection of "Pipeless" Footspas (Per Unit)	500	500	500	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.2(b)(7). 980.2(c)(6). 980.2(d)(3). Incorrect/Missing Log	100	150	200	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.2(f). Failure to List Chair as "Not in Service" in Log; No Sign Displayed on Chair	50	100	150	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.3. Incorrect Disinfection of "Non-Whirlpool Foot Basin" (Per Unit)	100	150	200	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.3(b)(6). Incorrect/Missing Log	50	100	150	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.3(e). Improper Storage of Basins or Tubs	50	100	150	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.4. Incorrect Disinfection of foot basin or tub after use of disposable liner	500	500	500	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.4(a)(2). Incorrect/Missing Log	50	100	150	Holder of the establishment license; fine may also apply to the individual licensee when the individual licensee can be determined and is present	No

980.4(a)(4). Failure to Maintain Supply of Five (5) Disposable Liners per Foot Tub Basin	250	300	500	Holder of the establishment license	No

981(a). No Disposal of Non-Disinfected Items	100	150	200	Individual licensee when the individual licensee can be determined and is present; fine also applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

981(b). Improper Storage of New Supplies and Disposable tools	50	100	150	Individual licensee when the individual licensee can be determined and is present; fine also applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

981(c). Carry Tools or Supplies in or on Garments	50	100	150	Individual licensee	No

982. Incorrect Sterilization of Electrology Tools	100	150	200	Individual licensee when the individual licensee can be determined and is present; fine also applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No
983. Personal Cleanliness	50	100	150	Individual licensee	No

984(a). Allow Licensee with Infectious/Communicable Disease to Work on Person	100	250	500	Holder of the establishment license	No

984(b). Allow or Require a Licensee to Work on Person with Infectious/Communicable Disease	100	250	500	Holder of the establishment license	No

984(e). Performing Services on Inflamed, Broken, Infected or Erupted Skin or Scalp Surface/Working without Gloves when Skin on Hands Is Inflamed, Broken, Infected or Erupted	100	250	500	Individual licensee	No

985. No Use of Neck Strips or Towel	50	100	150	Individual licensee	No

986. Neck Dusters/Brushes Not Clean or Sanitary	50	100	150	Individual licensee when the individual licensee can be determined and is present; fine also applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

987. Towels	50	100	150	Individual licensee when the individual licensee can be determined and is present; fine also applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

988. Liquids, Creams, Powders and Cosmetics	50	100	150	Individual licensee when the individual licensee can be determined and is present; fine also applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

989. Prohibited Hazardous Substance/Use of Product	500	500	500	Holder of the establishment license	No

990. Headrests and Treatment Tables	50	100	150	Individual licensee when the individual licensee can be determined and is present; fine also applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

991. Performing Invasive Procedures	500	500	500	Individual licensee when the individual licensee can be determined and is present; fine also applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

992. Performing Invasive Skin Exfoliation/Dermis	500	500	500	Individual licensee when the individual licensee can be determined and is present; fine also applies to the holder of the establishment license when the individual licensee cannot be determined or is not present, or the violation has been found repeatedly in the establishment	No

993. Prohibited Tools	300	400	500	Holder of the establishment license	No

994. Cleanliness and Repair	50	100	150	Holder of the establishment license	No

995(b), (c), (d), (e). Plumbing Standards	50	100	150	Holder of the establishment license	No

(b) A violation indicated in subdivision (a) as not waivable means that the Board, in its discretion, has determined that the violation cannot be corrected pursuant to Business and Professions Code section 7407, and therefore that the fine for the first violation may not be avoided as provided for in Business and Professions Code section 7409.

Cal. Code Regs. Tit. 16, § 974

1. New article 11 and repealer and new section filed 10-24-94; operative 11-23-94 (Register 94, No. 43). For prior history, see Register 84, No. 28.
2. Amendment of table filed 12-19-95; operative 1-18-96 (Register 95, No. 51).
3. Amendment of subsection (a) filed 12-2-96; operative 1-1-97 (Register 96, No. 49).
4. Editorial correction of NOTE (Register 98, No. 2).
5. New footnote to subsection (a) filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
6. Amendment of table and addition of second footnote to subsection (a) filed 4-23-98; operative 5-23-98 (Register 98, No. 17).
7. Amendment of table filed 5-16-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
8. Amendment of table refiled 9-13-2001 as an emergency; operative 9-13-2001 (Register 2001, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-11-2002 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 5-16-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 3).
10. Amendment of table refiled 1-14-2002 as an emergency; operative 1-14-2002 (Register 2002, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-14-2002 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 1-14-2002 order transmitted to OAL 4-16-2002 and filed 5-29-2002 (Register 2002, No. 22).
12. Amendment of table and repeal of footnotes filed 1-10-2007; operative 2-9-2007 (Register 2007, No. 2).
13. Amendment of subsection (a) filed 3-24-2008; operative 4-23-2008 (Register 2008, No. 13).
14. Amendment of section and NOTE filed 8-17-2011; operative 9-16-2011 (Register 2011, No. 33).
15. Amendment of subsection (a) filed 4-4-2016; operative 7-1-2016 (Register 2016, No. 15).
16. Amendment of section and NOTE filed 11-13-2019; operative 1-1-2020 (Register 2019, No. 46).

Note: Authority cited: Sections 7312, 7406 and 7407, Business and Professions Code. Reference: Sections 7353.4, 7406, 7407, 7407.1 and 7409, Business and Professions Code.

1. New article 11 and repealer and new section filed 10-24-94; operative 11-23-94 (Register 94, No. 43). For prior history, see Register 84, No. 28.
2. Amendment of table filed 12-19-95; operative 1-18-96 (Register 95, No. 51).
3. Amendment of subsection (a) filed 12-2-96; operative 1-1-97 (Register 96, No. 49).
4. Editorial correction of Note (Register 98, No. 2).
5. New footnote to subsection (a) filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
6. Amendment of table and addition of second footnote to subsection (a) filed 4-23-98; operative 5-23-98 (Register 98, No. 17).
7. Amendment of table filed 5-16-2001 as an emergency; operative 5-16-2001 (Register 2001, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-13-2001 or emergency language will be repealed by operation of law on the following day.
8. Amendment of table refiled 9-13-2001 as an emergency; operative 9-13-2001 (Register 2001, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-11-2002 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 5-16-2001 emergency amendment by operation of Government Code section 11346.1(f) (Register 2002, No. 3).
10. Amendment of table refiled 1-14-2002 as an emergency; operative 1-14-2002 (Register 2002, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-14-2002 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 1-14-2002 order transmitted to OAL 4-16-2002 and filed 5-29-2002 (Register 2002, No. 22).
12. Amendment of table and repeal of footnotes filed 1-10-2007; operative 2-9-2007 (Register 2007, No. 2).
13. Amendment of subsection (a) filed 3-24-2008; operative 4-23-2008 (Register 2008, No. 13).
14. Amendment of section and Note filed 8-17-2011; operative 9-16-2011 (Register 2011, No. 33).
15. Amendment of subsection (a) filed 4-4-2016; operative 7/1/2016 (Register 2016, No. 15).
16. Amendment of section and Note filed 11-13-2019; operative 1/1/2020 (Register 2019, No. 46).