R156-11a-503. Administrative Penalties - Unlawful Conduct

  (1) In accordance with Subsections 58-1-501(1)(a) and (c), 58-11a-301(1) and (2), 58-11a-502(1), (2), (4), (5), (6), or (7), and 58-11a-503(4), unless otherwise ordered by the presiding officer, the following fine schedule shall apply to citations issued under Title 58, Chapter 11a:

  (a) Practicing or engaging in, or attempting to practice or engage in activity for which a license is required under Title 58, Chapter 11a in violation of Subsection 58-11a-502(1):

  First Offense: $500

  Second Offense: $1,000;

  (b) Aiding or abetting a person engaging in the practice of, or attempting to engage in the practice of, knowingly employing any other person to engage in or practice or attempt to engage in or practice any occupation or profession for which a license is required under Title 58, Chapter 11a in violation of Subsection 58-11a-502(2):

  First Offense: $800

  Second Offense: $1,600;

  (c)(i) Using a solution composed of at least 10% methyl methacrylete (MMA) on a client in violation of Subsection 58-11a-502(4):

  First Offense: $500

  Second Offense: $1,000;

  (ii) Possessing a solution composed of at least 10% methyl methacrylete (MMA) in violation of Subsection 58-11a-502(4):

  First Offense: $500

  Second Offense: $1,000;

  (d) Performing an ablative procedure as defined in Section 58-67-102 in violation of Subsection 58-11a-502(5):

  First Offense: $1,000

  Second Offense: $2,000;

  (e) When acting as an instructor regarding a service requiring licensure under Title 58, Chapter 11a, for a class or education program where attendees are not licensed under Title 58, Chapter 11a, violating Subsection 58-11a-502(6) by failing to inform each attendee in writing that:

  (i) taking the class or program without completing the requirements for licensure under this chapter is insufficient to certify or qualify the attendee to perform a service for compensation that requires licensure under this chapter; and

  (ii) the attendee is required to obtain licensure under this chapter before performing the service for compensation:

  First Offense: $500

  Second Offense: $1,000;

  (f) Failing, as a salon or school where nail technology is practiced or taught, to maintain a source capture system as required under Title 15A, State Construction and Fire Codes Act, including failing to maintain and clean a source capture system's air filter according to the manufacturer's instructions, in violation of Subsection 58-11a-502(7):

  First Offense: $500

  Second Offense: $1,000.

  (2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-11a-503(4)(h).

  (3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

  (4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

  (5) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence reviewed.