§ 5112 — Complaints

(a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. Investigators of the Division may enter any nail salon, beauty salon, barbershop or aesthetics shop in furtherance of their investigation. Upon a determination that an individual is practicing cosmetology, barbering, electrology, nail technology or aesthetics without a license, the investigator shall request that a Justice of the Peace Court issue a summons for a violation of § 5117(b) or (c) of this title, as applicable. The investigator or the Attorney General or their designee, or any other person authorized by law, shall prosecute the matter. A copy of the investigator’s report, including the summons and complaint, shall be sent to the Board. A condition of bond shall be that the accused shall not practice the regulated conduct without first obtaining a license from the Division, and any violations of bond shall be treated as criminal contempt, pursuant to § 1271(3) of Title 11.

(b) Those complaints involving unsanitary conditions or other conditions in any nail salon, cosmetology or beauty salon, barber shop, electrology salon or aesthetics shop which may harm the health of those receiving the services outlined in this chapter shall be investigated by the Division of Public Health.

Legislative History

64 Del. Laws, c. 8, § 1 ; 65 Del. Laws, c. 355, § 1 ; 69 Del. Laws, c. 178, § 1 ; 71 Del. Laws, c. 299, § 1 ; 73 Del. Laws, c. 158, §§ 17, 18 ; 77 Del. Laws, c. 65, § 1