1. (a) The Board may adopt regulations to ensure that each cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission is operated in a sanitary manner.

2. (b) The regulations adopted under subsection (a) of this section shall provide for:

   1. (1) the reporting of violations of the regulations to the Department of Education or the Maryland Higher Education Commission; and
   2. (2) the imposition of a fine not to exceed $300 for a violation of the regulations.

3. (c) In determining the amount of financial penalty to be imposed under this section, the Board shall consider the following:

   1. (1) the seriousness of the violation;
   2. (2) the good faith of the violator;
   3. (3) the violator's history of previous violations;
   4. (4) the deleterious effect of the violation on the complainant, the public, and the barber industry; and
   5. (5) any other factors relevant to the determination of the financial penalty.

4. (d)

   1. (1) The Board shall commence proceedings to assess a penalty under this section on a complaint to the Board by a member of the Board or any person.

   2. (2) A complaint shall:

      1. (i) be in writing;
      2. (ii) include the name and necessary contact information of the individual filing the complaint, as determined by the Board;
      3. (iii) state specifically the facts on which the complaint is based;
      4. (iv) be submitted to the Executive Director of the Board; and

      5. (v) be served on the person to whom it is directed:

         1. 1. personally; or
         2. 2. by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person's last known address as shown on the Board's records.
   3. (3) If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

5. (e)

   1. (1) Except as provided in subsection (f) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5-523 of this subtitle to assess a penalty.
   2. (2) If the Board does not make the finding, the Board shall dismiss the complaint.

6. (f)

   1. (1) If the Board makes the finding under subsection (e)(1) of this section for a violation that relates to the sanitary condition of a cosmetology school or the sanitary practice of cosmetology, the Board shall provide the owner of the school an opportunity to correct the alleged violation.
   2. (2) If the owner fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5-523 of this subtitle.

   3. (3) If the owner corrects each alleged violation within 10 days of notice, the Board shall:

      1. (i) dismiss the complaint; and
      2. (ii) provide the owner written notification of the dismissal.

Added by Acts 1991, c. 481. Amended by Acts 1992, c. 22, § 1; Acts 1993, c. 5, § 1; Acts 2010, c. 395, § 1, eff. July 1, 2010; Acts 2018, c. 12, § 6.