Subpart 1.
Protocol.
Each salon and each permit holder under part 2105.0410 is
subject to inspection at any time the board deems it necessary to affirm
compliance.
A. All licensees,
including salons open by appointment only and salons with irregular hours, must
allow a board inspector, in the exercise of official duties, to inspect the
salon on the inspector's arrival at the salon.
B. A salon owner and designated licensed
salon manager (DLSM) must cooperate if asked by board inspectors to arrange
inspection appointments.
C. A salon
owner and DLSM must have access to all salon space, including leased space
within the salon, and must provide access to all salon spaces to a board
inspector.
D. All salon staff,
including the owner, DLSM, other licensees, and unlicensed support staff, must
cooperate with the inspection.
E.
Board inspectors must carry board-issued photo identification and produce it
upon request.
Subp. 2.
Violations and orders to comply.
A. The board must notify salons and permit
holders under part 2105.0410 with a written inspection report when any
violation is found during a board inspection. The salon licensee and DLSM, or
the permit holder under part 2105.0410, must take immediate action to address
each violation and, within ten business days, bring the salon and all licensees
practicing under the salon license, or the permit holder, into compliance with
this chapter, chapter 2140, and Minnesota Statutes, chapter 155A.
B. If an order to comply is issued by the
board inspector, the salon and DLSM, or the permit holder under part 2105.0410,
must report to the board via mail or e-mail, within ten business days of the
order's issuance, using a form provided by the board. The report must:
(1) explain how each violation was corrected
and the date of correction; and
(2)
for each violation that was not immediately corrected or not corrected within
ten days, provide a written explanation of the reason for the delay, the
specific steps the licensee will take to correct the violation, and the
projected date the outstanding violation will be corrected. The board must
grant an extension if requested in writing when the health and safety of the
public is not at immediate risk, and when the delay is warranted based on the
information provided by the salon or permit holder.
Subp. 3.
Posting inspection
results.
The board must provide each salon with a detailed inspection
report on the inspection findings. Within ten business days of the issuance
date on the results and report, the salon must conspicuously post the
inspection report so that it is visible at all times in the reception area or
at each customer entrance. The inspection report must remain posted until
replaced by a new inspection report. The complete, unaltered inspection report
must be legibly printed on standard 8-1/2 x 11 inch paper. Permit holders under
part 2105.0410 are not subject to the
posting requirements in this subpart.
Subp. 4.
Inspection penalties and
discipline.
A. Violations of this
chapter, chapter 2110, and Minnesota Statutes, chapter 155A, cited on a board
inspection, are subject to:
(1) application of
penalties prescribed in Minnesota Statutes, section
155A.25;
and
(2) disciplinary action as
identified in Minnesota Statutes, section
155A.33.
B. Board staff must issue
penalties prescribed in Minnesota Statutes, section
155A.25,
for violations in subitems (1) to (4) cited during a board inspection of a
salon or permit holder except as provided for in subpart
5. Licensees must pay
penalties in full before any license is renewed or issued.
(1) A salon is subject to penalty for
violations cited during a salon inspection for:
(a) each expired practitioner's
license;
(b) each expired salon
license;
(c) each active license of
a practitioner or salon not conspicuously displayed;
(d)
esthetician or cosmetology services performed or
offered in a nail salon;
(e)
cosmetology or nail services performed or offered in
an esthetician salon;
(f)
(d) reuse of or
failure to dispose of single-use items immediately after use;
(g)
(e)
the presence of prohibited callus shavers, graters, or rasps; and
(h)
(f)
refusal or failure to cooperate with an inspection.
(2) A DLSM is subject to penalty for
violations cited during inspection for:
(a)
each expired practitioner's license, including the DLSM;
(b) each expired salon license;
(c) each active license of a practitioner or
salon not conspicuously displayed;
(d)
esthetician or cosmetology services performed or
offered in a nail salon;
(e)
cosmetology or nail services performed or offered in
an esthetician salon;
(f)
(d) reuse of or
failure to dispose of single-use items immediately after use;
(g)
(e)
the presence of prohibited callus shavers, graters, or rasps; and
(h)
(f)
the DLSM's refusal or failure to cooperate with an inspection.
(3) An individual practitioner is
subject to penalty for violations cited during a salon inspection for:
(a) the practitioner's expired
license;
(b) the practitioner's
active license not conspicuously displayed, if an active license is held;
(c)
esthetician or cosmetology services performed or
offered in a nail salon;
(d)
cosmetology or nail services performed or offered in
an esthetician salon;
(e)
(c) reuse of or
failure to dispose of single-use items immediately after use;
(f)
(d)
the presence of prohibited callus shavers, graters, or rasps; and
(g)
(e)
the practitioner's refusal or failure to cooperate with an inspection.
(4) A permit holder
under part 2105.0410 is subject to violations cited during a permit inspection
for:
(a) the practitioner's expired
license;
(b) the practitioner's
refusal or failure to cooperate with an inspection; and
(c) reuse of or failure to dispose of
single-use items immediately after use.
Subp. 5.
Application of
inspection penalties.
The maximum total penalties for all violations cited per
license per inspection must not exceed:
A. $3,000 for each salon license;
B. $2,000 for the DLSM per salon license;
and
C. $1,000 for each individual
practitioner per license or permit.
Notes
Minn. R. agency 221, ch. 2105, UNREGULATED SERVICES, ADVERTISING, AND INSPECTIONS, pt. 2105.0115
41SR305;
41
SR 305;
43
SR 347;
44
SR 941
