Section Bar 404.09 - Violation Points for a Shop and/or Licensee(a) For each violation of the following, 3 points shall be issued: (1) Did not have the containers pursuant to Bar 302.05(f);(2) Failure to keep floors, walls, woodwork, ceilings, furniture, furnishing, and fixtures cleaned pursuant to Bar 302.05(h);(3) If a shop closes and the licensee did not notify the board pursuant to Bar 302.05(j);(4) If the licensee did not comply with Bar 302.07(a)-(e); and(5) If lavatory facilities are not publicly accessible to all patrons and employees pursuant to Bar 302.05(d).(b) For each violation of the following, 5 points shall be issued:(1) If a sign was not provided pursuant to Bar 302.05(k);(2) Mechanical ventilation not obtained or used pursuant to Bar 302.05(e); and(3) Hot and cold running water are not provided pursuant to Bar 302.05(i).(c) For each violation of the following, 25 points shall be issued:(1) Apprentice was not properly supervised;(2) Inspection report was not displayed as required;(3) Shop instructor did not comply with the requirements of Bar 301.04(d), (e), (f), (g), (h), (k) and (l);(4) Apprentice was not wearing a name tag pursuant to Bar 301.04(i);(5) Apprentice termination notification was not sent pursuant to Bar 301.05(a);(6) If licensee did not comply with Bar 302.07(h), (k), (l), (m); and(7) Vaporizer machine not maintained pursuant to Bar 302.05(v).(d) For each violation, 50 points shall be issued for unprofessional conduct or if the licensee refuses to sign the inspection report as described in Bar 404.01(e).(e) Unprofessional conduct shall include, but not be limited to:(1) Yelling, swearing, or using profanity at the inspector;(2) Throwing items at the inspector;(3) Verbally threatening the inspector; and(4) Grabbing, pulling or pushing the inspector.(f) For each violation, 50 points shall be issued if a licensee, instructor, shop apprentice, or individual with a temporary permit fails to attach a passport photograph to their license or fails to display the license as required.(g) For each violation, 50 points shall be issued if a licensee, instructor, shop apprentice, or an individual with a temporary permit fails to provide the inspector with government issued photo identification.(h) For each violation, 100 points shall be issued if the shop did not meet the requirements of Bar 302.05(m), (q) through (s), and (x), and Bar 302.07(n)-(s).(i) For each violation, 250 points shall be issued if a licensee did not comply with the procedures described in Bar 302.07(f) or if the licensee did not have or use an EPA-registered disinfectant to disinfect implements as defined in Bar 101.11.(j) For each violation, 50 points for the first offense, 250 points for the second offense, and 500 points for the third offense shall be issued for having an individual provide services with an expired New Hampshire license or work permit.(k) For each violation, 50 points for the first offense, 250 points for the second offense, and 500 points for the third offense shall be issued for operating a business without the appropriate license.(l) For each violation, 500 points shall be issued for having an individual provide services without holding a New Hampshire license described by RSA 313-A.(m) For each violation, 400 points for the first offense, and 500 points for the second offense for a shop owner and licensee for violation of Bar 302.07(g) (1)-(12).(n) For offenses committed over multiple days, each day shall constitute a separate offense. After the third day the third offense points shall be issued for each day thereafter.N.H. Admin. Code § Bar 404.09
#6577, eff 9-13-97 (formerly Bar 504.02); ss by #7323, eff 7-26-00; ss by #9221, INTERIM, eff 7-30-08; ss by #9345, eff 12-10-08
Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expires4/2/2025.Amended by Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11055, Effective 3/18/2016, Expires 3/18/2026.Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12619, Effective 9/13/2018, Expires 9/13/2028.