§ 4-511. Regulations for barber schools

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

(b) Reporting of violations; penalty. -- The regulations adopted under subsection (a) of this section shall provide for:

   (1) the reporting of violations of the regulations to the Department of Education or the Maryland Higher Education Commission; and

   (2) the imposition of a fine not to exceed $ 300 for a violation of the regulations.

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

   (1) the seriousness of the violation;

   (2) the good faith of the violator;

   (3) the violator's history of previous violations;

   (4) the deleterious effect of the violation on the complainant, the public, and the barber industry; and

   (5) any other factors relevant to the determination of the financial penalty.

(d) Actions of the Board. -- 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.

(e) Complaints. --

   (1) A complaint shall:

      (i) be in writing;

      (ii) include the name and necessary contact information of the individual filing the complaint, as determined by the Board;

      (iii) state specifically the facts on which the complaint is based;

      (iv) be submitted to the Executive Director of the Board; and

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

         1. personally; or

         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.

   (2) If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

   (3) If a complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.

(f) Opportunity to correct violation. --

   (1) If the Board finds that there is a violation that relates to the sanitary condition of the barber school, the Board shall provide the owner of the barber school an opportunity to correct the alleged violation.

   (2) If the school owner fails to correct each alleged violation within 10 days of written notification by the Board, the Board shall act on the complaint as provided under § 4-514 of this subtitle.

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

      (i) dismiss the complaint; and

      (ii) provide the school owner written notification of dismissal.

HISTORY: An. Code 1957, art. 56, § 437; 1989, ch. 3, § 1; 1991, ch. 479; 1992, ch. 22, § 1; 1994, ch. 3, § 1; 2010, ch. 395.