Current through 2023-2024 Legislative Session Chapter 709
Section 43-10-15 - Suspension, revocation, cancellation, or restoration of certificates of registration; reprimand of certificate holders; fines(a) The board, acting upon its own knowledge or written or verified complaint filed by any person, shall have the power to reprimand or power to suspend, revoke, or cancel the certificate of registration of or refuse to grant, renew, or restore a certificate of registration to a holder of any certificate of registration issued pursuant to this chapter upon proof of any one of the following grounds: (1) Willfully committing any false, fraudulent, or deceitful act or using any forged, false, or fraudulent document in connection with any requirement of this chapter or the rules and regulations of the board;(2) Willfully failing at any time to comply with the requirements for a certificate of registration under this chapter;(3) Practicing barbering or the occupation of a cosmetologist under a false or assumed name;(4) Willfully permitting an unlicensed person to practice, learn, or teach barbering or the occupation of a cosmetologist;(5) Knowingly performing an act which in any way assists an unlicensed person to practice, learn, or teach barbering or the occupation of a cosmetologist; or(6) Violating, directly or indirectly, or assisting in the violation of this chapter or any rule or regulation of the board.(b) The board may impose a fine not to exceed $500.00 for each violation of any provision of subsection (a) of this Code section; provided, however, that the board shall not, for any violation of paragraph (6) of subsection (a) of this Code section on grounds not set forth in paragraphs (1) through (5) of such subsection, impose a fine for the first violation in an amount that exceeds $25.00, impose a fine for a second violation in an amount that exceeds $75.00, or impose a fine for each subsequent violation in an amount that exceeds $300.00. Such fines shall be listed in a schedule contained in the rules and regulations of the board. The licensee shall pay the fine within 30 days after receiving a citation from either the board or a representative of the board unless the licensee requests in writing a hearing. Such request for a hearing must be received by the board within 30 days after receipt of the citation from the board or a representative of the board. Such hearings may be held by the board or a committee of the board. Decisions of a committee of the board entered pursuant to this subsection shall be final decisions of the board. Failure either to pay the fine or request a hearing may result in immediate suspension of the license pending a hearing to determine whether revocation or other disciplinary action should be imposed on the licensee.(c) The board, for good cause shown and under such conditions as it may prescribe, may restore a certificate of registration to any person, beauty shop, beauty salon, barber shop, or school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering whose certificate of registration has been suspended, revoked, or canceled.(d) Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall apply to any proceeding under this Code section.Amended by 2016 Ga. Laws 625,§ 43, eff. 5/3/2016.Amended by 2015 Ga. Laws 199,§ 2, eff. 7/1/2015.Amended by 2014 Ga. Laws 560,§ 1A, eff. 4/21/2014.