§ 157.13 — Violations

Iowa § 157.13

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 157: BARBERING AND COSMETOLOGY

Text

1. It is unlawful for a person to employ an individual to practice barbering and
cosmetology arts and sciences unless that individual is licensed or has obtained a temporary
permit under this chapter. It is unlawful for a licensee to practice with or without
compensation in any place other than a licensed establishment, or a licensed school of
barbering and cosmetology arts and sciences. The following exceptions to this subsection
shall apply:
a. A licensee may practice at a location which is not a licensed establishment, school
of barbering and cosmetology arts and sciences, or licensed barbershop pursuant to rules
adopted by the board.
b. Notwithstanding section 157.12, when the licensee is employed by a physician and
provides barbering and cosmetology services at the place of practice of a physician and is
under the supervision of a physician licensed to practice pursuant to chapter 148.
c. When the practice occurs in a facility licensed pursuant to chapter 135B or 135C.
d. When the practice is performed by a person without a license under the supervision of
a licensee in an establishment registered with the board pursuant to section 157.12D.
2. A licensed cosmetologist may work in a licensed barbershop. It is unlawful for a person
to employ a licensed cosmetologist or barber, esthetician, or electrologist to perform the
services described in section 157.3A if the licensee has not received the additional training
and met the other requirements specified in section 157.3A.
3. If the owner or manager of an establishment does not comply with the sanitary rules
adopted under section 157.6 or fails to maintain the establishment as prescribed by rules of
the department, the department may notify the owner or manager in writing of the failure to
comply. If the rules are not complied with within five days after receipt of the written notice
by the owner or manager, the department shall in writing order the establishment closed
until the rules are complied with. It is unlawful for a person to practice in an establishment
which has been closed under this section. The county attorney in each county shall assist the
department in enforcing this section.
4. If the board has reasonable grounds to believe that a person or establishment which
is not licensed under this chapter and that is not participating in an establishment training
program pursuant to section 157.12D has engaged, or is about to engage, in an act or practice
which requires licensure under this chapter, or otherwise violates a provision of this chapter,
the board may issue an order to require the unlicensed person or establishment to comply
withtheprovisionsofthischapter, andmayimposeacivilpenaltynottoexceedonethousand
dollars for each violation of this chapter by an unlicensed person or establishment. Each day
of a continued violation after an order or citation by the board constitutes a separate offense,
with the maximum penalty not to exceed ten thousand dollars.
a. In determining the amount of a civil penalty, the board may consider the following:
(1) Whethertheamountimposedwillbeasubstantialeconomicdeterrenttotheviolation.
(2) The circumstances leading to or resulting in the violation.
(3) The severity of the violation and the risk of harm to the public.

(4) The economic benefits gained by the violator as a result of noncompliance.
(5) The welfare or best interest of the public.
b. The board may conduct an investigation as needed to determine whether probable
cause exists to initiate the proceedings described in this subsection. Before issuing an order
or citation under this section, the board shall provide written notice and the opportunity to
request a hearing on the record. The hearing must be requested within thirty days of the
issuance of the notice and shall be conducted as provided in chapter 17A. The board may, in
connection with a proceeding under this section, issue subpoenas to compel the attendance
and testimony of witnesses and the disclosure of evidence and may request the attorney
general to bring an action to enforce the subpoena.
c. A person aggrieved by the imposition of a civil penalty under this section may seek
judicialreviewinaccordancewithsection17A.19. Theboardshallnotifytheattorneygeneral
of the failure to pay a civil penalty within thirty days after entry of an order pursuant to this
subsection, or within ten days following final judgment in favor of the board if an order has
been stayed pending appeal. The attorney general may commence an action to recover the
amount of the penalty, including reasonable attorney fees and costs. An action to enforce an
order under this subsection may be joined with an action for an injunction.

Legislative History

[C31, 35, §2585-c12; C39, §2585.22; C46, 50, 54, 58, 62, 66, 71, 73, 77, 79, 81, §157.13]