SECTIONS 7403-7405 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7403-7405

7403. (a) Notwithstanding any other provision of law, the board may
revoke, suspend, or deny at any time any license required by this
chapter on any of the grounds for disciplinary action provided in
this article. The proceedings under this article shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, and the board
shall have all the powers granted therein.
(b) The board may deny a license to an applicant on any of the
grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and
486, upon denying a license to an applicant, the board shall provide
a statement of reasons for the denial that does the following:
(1) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(2) Provides the board's criteria relating to rehabilitation,
formulated pursuant to Section 482, that takes into account the age
and severity of the offense, and the evidence relating to
participation in treatment or other rehabilitation programs.
(3) If the board's decision was based on the applicant's prior
criminal conviction, justifies the board's denial of a license and
conveys the reasons why the prior criminal conviction is
substantially related to the qualifications, functions, or duties of
a barber or cosmetologist.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a license is due at least in part to the
applicant's state or federal criminal history record, the board
shall, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(B) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the applicant's
criminal history record and the criminal history record shall not be
made available by the board to any employer.
(C) The board shall retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(2) The board shall make this information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
(e) Notwithstanding Section 487, the board shall conduct a hearing
of a license denial within 90 days of receiving an applicant's
request for a hearing. For all other hearing requests, the board
shall determine when the hearing shall be conducted.
(f) In any case in which the administrative law judge recommends
that the board revoke, suspend, or deny a license, the administrative
law judge may, upon presentation of suitable proof, order the
licensee to pay the board the reasonable costs of the investigation
and adjudication of the case. For purposes of this section, "costs"
include charges by the board for investigating the case, charges
incurred by the office of the Attorney General for investigating and
presenting the case, and charges incurred by the Office of
Administrative Hearings for hearing the case and issuing a proposed
decision.
(g) The costs to be assessed shall be fixed by the administrative
law judge and shall not, in any event, be increased by the board.
When the board does not adopt a proposed decision and remands the
case to an administrative law judge, the administrative law judge
shall not increase the amount of any costs assessed in the proposed
decision.
(h) The board may enforce the order for payment in the superior
court in the county where the administrative hearing was held. This
right of enforcement shall be in addition to any other rights the
board may have as to any licensee directed to pay costs.
(i) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
(j) Notwithstanding any other provision of law, all costs
recovered under this section shall be deposited in the board's
contingent fund as a scheduled reimbursement in the fiscal year in
which the costs are actually recovered.

7403.2. (a) Notwithstanding any other provision of law, the
executive officer or his or her designee, pursuant to an inspection
of an establishment where health and safety laws and regulations
related to manicure and pedicure equipment have been violated and a
citation issued, may, without advance hearing, suspend temporarily a
license issued under this chapter if, in the opinion of the executive
officer or his or her designee, the action is necessary to protect
the public's health and safety. The suspension shall be effective
upon the executive officer or his or her designee providing written
notice of the suspension to the licensee.
(b) The suspension of a license pursuant to this section shall be
immediately stayed. The license shall be placed on probation for one
year from the date of the suspension and be subject to the following
terms and conditions:
(1) The licensee shall undertake board-approved remedial training
related to the health and safety laws and regulations applicable to
the establishment.
(2) The licensee shall be subject to reinspection by the board.
The owner of the establishment shall pay all costs of inspection.
(3) The licensee shall pay all citation fines to the board. In
cases of economic hardship, the licensee may enter into an agreement
with the board to make periodic payments to pay the citation fine
amount.
(c) The licensee whose license was suspended under this section
may appeal in writing to the disciplinary review committee to
determine if the suspension and the probationary terms and conditions
should be modified or set aside. The appeal shall be submitted to
the committee within 30 days of the effective date of the license
suspension. An appeal not submitted within that timeframe shall be
rejected by the committee. The appeal shall be conducted pursuant to
the process described in Section 7410. The licensee may appeal the
decision of the committee to the program administrator pursuant to
the process described in Section 7411.
(d) If the licensee fails to comply with the probationary terms
and conditions imposed under this section, the board may petition to
revoke the licensee's probation. The proceedings shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.
(e) Upon the licensee's successful completion of the probationary
terms and conditions, the board shall reinstate the license.

7403.5. (a) In addition to the authority provided by Sections 494
and 7403, the executive officer, in his or her discretion, may upon
written notice immediately close any establishment which, upon
completion of an inspection, is found to have health and safety
violations of such a severe nature as to pose an immediate threat to
public health and safety.
(b) The executive officer shall issue a written notice of
suspension of the establishment license including the grounds
therefor and a notice of closure. The notice of closure shall be
posted at the establishment so as to be clearly visible to the
general public and to patrons.
(c) Upon issuance of the written notice of suspension of the
establishment license, the establishment shall immediately close to
the general public and to patrons and shall discontinue all
operations until the suspension has been vacated by the executive
officer, the suspension expires, is superseded by an order issued
under the authority of Section 494, or until the establishment no
longer operates under this chapter.
(d) (1) Before issuing a suspension order under this section, the
executive officer shall, if practical, give the establishment notice
and an opportunity to be heard. If no hearing is provided prior to
the issuance of the suspension order, the establishment may request
one after the suspension has been issued.
(2) Notice and hearing under this section may be oral or written,
including notice and hearing by telephone, facsimile transmission, or
other electronic means as the circumstances permit.
(e) Upon correction of violations the establishment may request
that the written notice of suspension be terminated. The executive
officer shall conduct an inspection within 48 hours to determine
whether the written notice of suspension may be terminated. If the
written notice of suspension is not terminated upon inspection for
failure of the establishment to correct violations, a charge of one
hundred dollars ($100) shall be imposed for each subsequent
inspection under this section.
(f) The notice of suspension shall remain posted until removed by
the executive officer, but shall be in effect for no longer than 30
days. Removal of the notice of suspension by any person other than
the executive officer or designated representative, or the refusal of
an establishment to close upon issuance of the written notice of
suspension of the establishment license is a violation of this
chapter and may result in any sanctions authorized by this chapter.

7404. The grounds for disciplinary action are as follows:
(a) Unprofessional conduct which includes, but is not limited to,
any of the following:
(1) Incompetence or gross negligence, including failure to comply
with generally accepted standards for the practice of barbering,
cosmetology, or electrology or disregard for the health and safety of
patrons.
(2) Repeated similar negligent acts.
(3) Conviction of any crime substantially related to the
qualifications, functions, or duties of the licenseholder, in which
case, the records of conviction or a certified copy shall be
conclusive evidence thereof.
(4) Advertising by means of knowingly false or deceptive
statements.
(b) Failure to comply with the requirements of this chapter.
(c) Failure to comply with the rules governing health and safety
adopted by the board and approved by the State Department of Health
Services, for the regulation of establishments, or any practice
licensed and regulated under this chapter.
(d) Failure to comply with the rules adopted by the board for the
regulation of establishments, or any practice licensed and regulated
under this chapter.
(e) Continued practice by a person knowingly having an infectious
or contagious disease.
(f) Habitual drunkenness, habitual use of or addiction to the use
of any controlled substance.
(g) Obtaining or attempting to obtain practice in any occupation
licensed and regulated under this chapter, or money, or compensation
in any form, by fraudulent misrepresentation.
(h) Failure to display the license or health and safety rules and
regulations in a conspicuous place.
(i) Engaging, outside of a licensed establishment and for
compensation in any form whatever, in any practice for which a
license is required under this chapter, except that when the service
is provided because of illness or other physical or mental
incapacitation of the recipient of the service and when performed by
a licensee obtained for the purpose from a licensed establishment.
(j) Permitting a license to be used where the holder is not
personally, actively, and continuously engaged in business.
(k) The making of any false statement as to a material matter in
any oath or affidavit, which is required by the provisions of this
chapter.
(l) Refusal to permit or interference with an inspection
authorized under this chapter.
(m) Any action or conduct which would have warranted the denial of
a license.
(n) Failure to surrender a license that was issued in error or by
mistake.

7404.1. Any person, firm, association, or corporation violating
this chapter is guilty of a misdemeanor unless a specific penalty is
otherwise provided.

7405. A plea or verdict of guilty or a conviction following a plea
of nolo contendere is deemed to be a conviction within the meaning of
this article. The board may order the license suspended or revoked,
or may decline to issue a license, when the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal or
when an order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under Section 1203.4
of the Penal Code allowing the person to withdraw his or her plea of
guilty and to enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information or
indictment.