609 ACCESS AND INSPECTIONS – DEPARTMENT’S RIGHT OF ENTRY (Critical Section)

609.1 The Department shall determine a barber, cosmetology, or personal grooming facility’s compliance with this Subtitle by conducting:

1. (a) Preoperational inspections;
2. (b) Unannounced, routine inspections;
3. (c) Follow-up inspections, as necessary; and
4. (d) Complaint-generated inspections.

609.2 After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance with this Subtitle, the applicant, licensee, or person-in-charge shall allow the Department access to any part, portion, or area of a barber, cosmetology, or personal grooming facility.

609.3 The Department may enter and inspect all aspects of a barber, cosmetology, or personal grooming facility, including, but not limited to its physical facilities, operations, equipment, records, chemicals and other operational supplies, at any time during business hours for one or more of the following purposes:

1. (a) To determine if the barber, cosmetology, or personal grooming facility is in compliance with this Subtitle;
2. (b) To investigate an emergency affecting the public health if the barber, cosmetology, or personal grooming facility is or may be involved in the matter causing the emergency; or
3. (c) To obtain information, examine, and copy all records on the premises relating to reporting requirements as specified in §§ 209.1, 210.1(c), 211.1, and 212.1.

609.4 If a person denies the Department access to any part, portion, or area of barber, cosmetology, or personal grooming facility, the Department shall inform the individual that:

1. (a) The applicant or licensee is required to allow access to the District agencies as specified in § 609.2 and 609.3;
2. (b) If access is denied, an inspection order allowing access may be obtained in

accordance with District law; and

(c) The Department is making a final request for access.

609.5 If the Department presents credentials and provides notice of the purpose and intent to conduct an inspection as specified in § 609.2 and makes a final request for access as specified in § 609.4(c), and the applicant or licensee continues to refuse access, the Department shall provide details of the denial of access on the inspection report.

609.6 If the Department is denied access to barber, cosmetology, or personal grooming facility for an authorized purpose, after complying with § 609.5, the Department may:

(a) Summarily suspend a license issued to the barber, cosmetology, or personal grooming facility in accordance with §§ 707 through 711;

(b) Revoke or suspend a license issued to the barber, cosmetology, or personal grooming facility in accordance with § 712; or

(c) Request that the Office of the Attorney General for the District of Columbia commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court, to enforce this Subtitle.

609.7 Authorized representatives of the Department who are responsible for conducting inspections, plan reviews, and approvals of barber, cosmetology, or personal grooming facilities shall be properly trained and certified as specified in § 200 of this Subtitle.

SOURCE: Final Rulemaking published at 68 DCR 013026 (December 10, 2021).