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ROBERT L. EHRLICH, JR., Governor
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Ch. 392
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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 cosmetology industry; and
5. any other factors relevant to the determination of the
financial penalty.
(3) The Board shall pay any penalty collected under this subsection into
the General Fund of the State.
(b) The Board shall commence proceedings under this section on a complaint
to the Board by a member of the Board or any person.
(1) A complaint shall:
(i) be in writing;
(ii) be signed by the complainant;
(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.
(c) (1) Except as provided in subsection (d) 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
deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.
(2) If the Board does not make the finding, the Board shall dismiss the
complaint.
(d) (1) If the Board makes the finding under subsection (c)(1) of this section
for a violation that relates to the sanitary condition of a beauty salon or the sanitary
practice of cosmetology, the Board shall provide the owner of the salon an opportunity
to correct the alleged violation.
(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.
- 1825 -
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