Civil Penalties

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_817/817_090.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON HEALTH AUTHORITY

HEALTH LICENSING OFFICE, BOARD OF COSMETOLOGY

 

DIVISION 90
CIVIL PENALTIES

817-090-0025
Schedule of Penalties for Facility and Independent Contractor Registration Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of facility license
and independent contractor registration laws and rules. This schedule applies, except
at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent
offenses, the provisions of 331-020-0060 apply.
(1) Operating or purporting
to operate a facility without a valid facility license is a violation of ORS 690.015(2)(b)
or 690.015(2)(e):
(a) Never licensed:
(A) 1st offense: $500;
(B) 2nd offense: $1000;
(C) 3rd offense: $2500
(b) Inactive or expired license:
(A) 1st offense: $200;
(B) 2nd offense: $500;
(C) 3rd offense: $1,000
(c) Certificate, Authorization,
or Registration Suspended or Revoked:
(A) 1st offense: $2,500;
(B) 2nd offense: $5,000;
(C) 3rd offense: Monetary
penalty and any other actions allowed by law including revocation of suspended authorization
to practice and refusal to issue a new authorization to practice to a revoked authorization
holder.
(2) Operating or purporting
to operate as an independent contractor without an independent contractor registration
or with a dormant independent contractor registration is a violation of ORS 690.015(2)(a),
690.015(2)(d) or 690.015(2)(e):
(a) 1st offense: $200
(b) 2nd offense: $500
(c) 3rd offense: $1,000
(3) Allowing an uncertified
employee or uncertified individual under a person’s supervision and control
to practice in a field of practice is a violation of ORS 690.015(2)(g) and OAR 817-020-0007
(1)(f).
(a) Employee or individual
who has never been certified:
(A) 1st offense: $500;
(B) 2nd offense: $1,000;
(C) 3rd offense: $2,500
(b) Employee or individual
with inactive, suspended, revoked, or expired certification:
(A) 1st offense: $200
(B) 2nd offense: $500
(C) 3rd offense: $1000
(4) Failing to meet the specifications
and standards required under OAR 817-010-0007 in a facility is a violation of 817-020-0006
(1)(e) and may result in an emergency suspension of the facility license until the
violation is corrected.
Stat. Auth.: ORS 676.605, 676.615, 676.992,
690.165 & 690.167
Stats. Implemented: ORS 676.992,
690.015, 690.165 & 690.167
Hist.: BH 3-1984(Temp), f.
& ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85;
BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH
1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH
1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0020; BBH 1-1998,
f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2002,
f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006,
f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 4-2011(Temp),
f. & cert. ef. 9-13-11 thru 3-11-12; BOC 1-2012(Temp), f. 3-1-12, cert. ef.
3-12-12 thru 9-1-12; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14,
cert. ef. 3-1-14
817-090-0035
Schedule of Penalties
for Practitioner Violations
The Agency has adopted
the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of
practitioner licensing laws and rules. This schedule applies, except at the discretion
of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses,
the provisions of OAR 331-020-0060 apply.
(1) Performing,
attempting to perform, or purporting to perform services in a field of practice
without proper certification, authorization, registration or permit is a violation
of ORS 690.015(2)(a) or 690.015(2)(e).
(a) Certificate,
authorization, registration, permit never held:
(A) 1st offense:
$1,000;
(B) 2nd offense:
$2,500;
(C) 3rd offense
$5,000.
(b) Certificate,
authorization, registration, or permit inactive or expired:
(A)1st offense:
$200;
(B) 2nd offense:
$500;
(C) 3rd offense:
$1000.
(c) Certificate,
authorization, or registration suspended or revoked:
(A) 1st offense:
$2,500;
(B) 2nd offense:
$5,000;
(C) 3rd offense:
Monetary penalty and any other actions allowed by law including revocation of suspended
authorization to practice and refusal to issue a new authorization to practice to
a revoked authorization holder.
(2) Performing,
attempting to perform, or purporting to perform services in a field of practice
in an unlicensed facility is a violation of ORS 690.015(2)(c):
(a) 1st offense:
$200;
(b) 2nd offense:
$500;
(c) 3rd offense:
$1,000
(3) Performing
in a field of practice by a student when not on the premises of an educational institution,
or while not pursuing the prescribed curriculum in which he or she is enrolled as
provided in OAR 817-100-0005, is a violation of ORS 690.015(a):
(a) 1st offense:
$500;
(b) 2nd offense:
$1,000;
(c) 3rd offense:
$2,500.
Stat. Auth: ORS
676.605, 676.615, 676.992, 690.165 & 690.167

Stats. Implemented:
ORS 676.605, 676.615, 676.992, 690.165 & 690.167

Hist.: BH
3-1984(Temp), f. & ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985,
f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. &
cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94,
cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0020;
BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01;
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06;
BOC 2-2011, f. & cert. ef. 5-5-11; BOC 4-2011(Temp), f. & cert. ef. 9-13-11
thru 3-11-12; BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12; BOC 2-2012,
f. 8-31-12, cert. ef. 9-1-12
817-090-0045
Schedule
of Penalties for Certificate/License/Registration/ Permit Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of certificate/license/registration/permit
laws and rules. This schedule applies, except at the discretion of the agency pursuant
to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of 331-020-0060
apply.
(1) Altering with fraudulent
intent or fraudulent use, attempted use, obtainment, or counterfeiting of a license,
certificate, registration, permit or authorization issued by the agency is a violation
of ORS 690.015(2)(j) or 690.015(2)(k):
(a) 1st offense: $1,500;
(b) 2nd offense: $3,500;
(c) 3rd offense: $5,000.
(2) Failing to post a valid
license, registration, certificate, permit or authorization issued by the agency
in public view is a violation of OAR 817-035-0110:
(a) 1st offense: $200
(b) 2nd offense: $500
(c) 3rd offense: $500
(3) Failing to post the most
recent inspection certificate in public view within the facility is a violation
of OAR 817-035-0110:
(a) 1st offense: $200;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Stat. Auth.: ORS 676.605, 676.615, 676.992,
690.165 & 690.167
Stats. Implemented: ORS 676.615,
676.992, 690.015, 690.165 & 690.167
Hist.: BH 3-1984(Temp), f.
& ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85;
BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH
1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH
1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0020; BBH 1-1998,
f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004,
f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011,
f. & cert. ef. 5-5-11; BOC 4-2011(Temp), f. & cert. ef. 9-13-11 thru 3-11-12;
BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12; BOC 2-2012, f. 8-31-12,
cert. ef. 9-1-12; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-090-0050
Schedule of Penalties for Freelance
Authorization Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of Freelance Authorization
laws and rules. This schedule applies, except at the discretion of the agency pursuant
to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of 331-020-0060
apply.
(1) Working with a dormant
Freelance Authorization:
(a) 1st offense: $200;
(b) 2nd offense: $500;
(c) 3rd offense: $1000
(2) Failing to display the
practitioner certificate number and freelance authorization number when advertising
or soliciting business; or, failing to provide required information under a Freelance
Authorization is a violation of OAR 817-035-0052(1)(a) or (b):
(a) 1st offense: $100;
(b) 2nd offense: $200;
(c) 3rd offense: $500.
(3) Practicing outside a
licensed facility without a valid Freelance Authorization is a violation of ORS
690.123:
(a) 1st offense: $500;
(b) 2nd offense: $1,000;
(c) 3rd offense: $2,500.
Stat. Auth: ORS 676.605, 676.615, 676.992,
690.165 & 690.167
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165 & 690.167
Hist.: BH 3-1984(Temp), f.
& ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85;
BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH
1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH
1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0020; BOC 1-2000,
f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006,
f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2014, f.
2-27-14, cert. ef. 3-1-14
817-090-0055
Schedule of Penalties for Home Facility Violations
(1) The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of home facility
laws and rules. This schedule applies, except at the discretion of the agency pursuant
to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of 331-020-0060
apply.
(2) Failing to identify a
facility located in a residence by means of a house number or a sign easily visible
from the street is a violation of OAR 817-020-0009:
(a) 1st offense: $100;
(b) 2nd offense: $200;
(c) 3rd offense: $500.
Stat. Auth: ORS 676.605, 676.615, 676.992,
690.165 & 690.167
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165 & 690.167
Hist.: BH 3-1984(Temp), f.
& ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85;
BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH
1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH
1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0020; BOC 1-2004,
f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011,
f. & cert. ef. 5-5-11; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-090-0065
Schedule of Penalties for Water Supply and Disposal Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection
control laws and rules. This schedule applies, except at the discretion of the agency
pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions
of 331-020-0060 apply.
(1) Failing to have immediate
access to hot and cold running water in the working area of a facility is a violation
of OAR 817-010-0014(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
(2) Failing to have a facility
water supply which meets state pressure and purity requirements is a violation of
OAR 817-010-0007 and 817-010-0014(1) and (2) and may result in an emergency suspension
of the facility license until the violation is corrected.
(3) Improperly disposing
of liquid waste from a facility is a violation of OAR 817-010-0007 and 817-010-0021(3)
and may result in an emergency suspension of the facility license until the violation
is corrected.
Stat. Auth: ORS 676.605, 676.615, 676.992,
690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165, 690.167 & 690.205
Hist.: BH 1-1985, f. &
ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef.
10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert.
ef. 7-1-96, Renumbered from 817-090-0030; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04;
BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11; BOC
1-2014, f. 2-27-14, cert. ef. 3-1-14
817-090-0070
Schedule of Penalties for Towels and Linens Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection
control laws and rules. This schedule applies, except at the discretion of the agency
pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions
of 331-020-0060 apply.
(1) Failing to use clean
towels or linens for each client is a violation of OAR 817-010-0035(1)(a) and failing
to launder towels and linens as required is a violation of 817-010-0035(1)(e):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
(2) Failing to store clean
towels and linens in a clean area is a violation of OAR 817-010-0035(1)(b):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
(3) Failing to immediately
deposit all used towels with chemical residue in a closed, fire retardant container
is a violation of OAR 817-010-0035(1)(d):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
(4) Failing to deposit soiled
towels in a covered container is a violation of OAR 817-010-0035(1)(c):
(a) 1st offense: $100;
(b) 2nd offense: $200;
(c) 3rd offense: $500.
Stat. Auth.: ORS 676.605, 676.615, 676.992,
690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165, 690.167 & 690.205
Hist.: BH 1-1985, f. &
ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef.
10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert.
ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98;
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06;
BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-090-0075
Schedule of Penalties for Waste Disposal Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection
control laws and rules. This schedule applies, except at the discretion of the agency
pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions
of 331-020-0060 apply.
(1) Failing to immediately
deposit all chemical waste materials in a closed container at the conclusion of
each service, or a fire-retardant container at the close of each business day is
a violation of OAR 817-010-0060(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(2) Failing to immediately
dispose of all waste and refuse in covered containers is a violation of OAR 817-010-0060(2)
or (3):
(a) 1st offense: $100;
(b) 2nd offense: $200;
(c) 3rd offense: $500.
(3) Failing to keep the outer
surface of a waste disposal container clean is a violation of OAR 817-010-0060(4):
(a) 1st offense: $100;
(b) 2nd offense: $200;
(c) 3rd offense: $500.
(4) Failing to dispose of
disposable material coming into contact with blood or other bodily fluids in a sealable
plastic bag is a violation of OAR 817-010-0060(5):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
(5) Failing to dispose of
disposable sharp-edged material coming into contact with blood or other bodily fluids
in a sealable rigid container is a violation of OAR 817-010-0060(6):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
(6) Failing to have sealable
plastic bags and sealable rigid containers available for use at all times services
are being performed is a violation of OAR 817-010-0060(7):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
Stat. Auth.: ORS 676.605, 676.615, 676.992,
690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165, 690.167, 690.205
Hist.: BH 1-1985, f. &
ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef.
10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert.
ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98;
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06;
BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-090-0080
Schedule of Fines for Dispensing of Cosmetic Preparations Violations
The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.
(1) Failing to properly dispense powders, liquids, wave solutions, creams, semi-solid substances or other materials which come in contact with a client is a violation of OAR 817-010-0055:
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
Stat. Auth.: ORS 690.165, 690.205 & 690.995

Stats. Implemented: ORS 690.165, 690.205 & 690.995

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 1-2007, f. 10-31-07, cert. ef. 11-1-07; BOC 2-2011, f. & cert. ef. 5-5-11
817-090-0085
Schedule of Penalties for Sanitation or Disinfectant Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection
control laws and rules. This schedule applies, except at the discretion of the agency
pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions
of 331-020-0060 apply.
(1) Failing to use a high-level
disinfectant or failing to completely immerse in high-level disinfectant, all tools
and implements with sharp edges or points, or foot spa equipment according to disinfectant
manufacturer’s instructions is a violation of either OAR 817-010-0068(3) or
817-010-0101(5):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
(2) Failing to keep disinfecting
solutions at adequate strength, free of foreign material, and/or available for immediate
use at all times the facility is open for business is a violation of OAR 817-010-0065(6):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
(3) Failing as an authorization
holder to provide and maintain adequate disinfecting solutions or sterilizing equipment
to the number of applicable authorization holders providing services, usage requirements
or volume of business is a violation of OAR 817-010-0065(3):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(4) Failing to use a low-level
disinfectant or failing to completely immerse all tools and implements, without
sharp edges or points according to disinfectant manufacturers instructions is a
violation of OAR 817-010-0068(2):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Stat. Auth.: ORS 676.605, 676.615, 676.992,
690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165, 690.167 & 690.205
Hist.: BH 1-1985, f. &
ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef.
10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert.
ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98;
BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04;
BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11; BOC
1-2014, f. 2-27-14, cert. ef. 3-1-14
817-090-0090
Schedule of Penalties for Disinfecting Requirements of Tools and Implements Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection
control laws and rules. This schedule applies, except at the discretion of the agency
pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions
of 331-020-0060 apply.
(1) Failing to cleanse and
disinfect, with a high-level disinfectant, electrical or mechanical hair clipper
blades before use on each client is a violation of OAR 817-010-0069(2):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1,000.
(2) Failing to store new,
disinfected or cleaned tools and implements separately from all others is a violation
of OAR 817-010-0075(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(3) Failing to ensure that
any tool or implement; or article which comes in contact with a client is disinfected,
cleaned or disposed of is a violation of OAR 817-010-0065(1); or 817-010-0040(2)
or 817-010-0040(3):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(4) Failing to discard or
give to the client any a disposable nail files, pumice blocks, cosmetic sponges,
buffer blocks, sanding bands or sleeves, orangewood sticks, or nail bits designed
for single use after use on a client, is a violation of OAR 817-010-0065(7):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Stat. Auth.: ORS 676.605, 676.615, 676.992,
690.165, 690.167, 690.205
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165, 690.167 690.205
Hist.: BH 1-1985, f. &
ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef.
10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert.
ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98;
BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 4-2001(Temp), f. & cert. ef. 11-1-01
thru 4-29-02; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert.
ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef.
5-5-11; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-090-0095
Schedule of Penalties for Cleanable/Non-Absorbent Surfaces Violations
The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.
(1) Failing to have cleanable, non-absorbent surfaces on all equipment in all areas of a facility where services are performed is a violation of OAR 817-010-0101(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(2) Failing to keep equipment in a facility, including upholstery fabrics, clean and in good repair is a violation of OAR 817-010-0101(3):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(3) Failing to have cleanable, non-absorbent floor surfaces in good repair in the area(s) of a facility where services are performed is a violation of OAR 817-010-0106(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Stat. Auth: ORS 676.605, 676.615, 676.992, 690.165, 690.167, 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0030; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11
817-090-0100
Schedule of Penalties for Clean Conditions Violations
The Agency has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions of OAR 331-020-0060 apply.
(1) Failing to keep a restroom located on the premises of a facility clean and sanitary is a violation of OAR 817-010-0021(2):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(2) Failing to keep a facility shampoo bowl or sink clean is a violation of OAR 817-010-0101(2):
(a) 1st offense: $00;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(3) Failing to keep roller-storage receptacles and their contents clean and free of foreign material is a violation of OAR 817-010-0075(2):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000
(4) Failing to keep storage drawers for c
lean tools and implements clean and to use such drawers only for clean tools and implements is a violation of OAR 817-010-0075(3):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(5) Failing to keep storage cabinets, work stations, vanities and backbars or other such equipment clean is a violation of OAR 817-010-0075(4):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(6) Allowing hair clippings to accumulate on a facility floor or failing to dispose of hair clippings in a covered container is a violation of OAR 817-010-0106(3):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(7) Failing to keep facility walls and ceiling clean and free of excessive spots, mildew, condensation or peeling paint is a violation of OAR 817-010-0110:
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(8) Failing to properly clean and disinfect foot spa equipment as required is a violation of OAR 817-010-0101(5):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Stat. Auth.: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Stats. Implemented: ORS 676.605, 676.615, 676.992, 690.165, 690.167 & 690.205

Hist.: BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11
817-090-0105
Schedule of Penalties for Client Health and Safety Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection
control laws and rules. This schedule applies, except at the discretion of the agency
pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions
of 331-020-0060 apply.
(1) Failing to use a neck
strip or a towel to prevent contact between the skin of a client's neck and a hair
cloth or cape is a violation of OAR 817-010-0040(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(2) Failing to use a disposable
cover on the head of a client who is trying on a hairpiece or to clean and label
used hair goods as "used" prior to resale is a violation of OAR 817-010-0085:
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(3) Performing services without
washing one's hands immediately before and after serving each client is a violation
of OAR 817-015-0030(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(4) Failing to maintain client
records for each client receiving esthetics, nail technology, or hair reduction
services, on the premises of the facility or allow an enforcement officer access
to review client records upon request is a violation of OAR 817-015-0065 or 817-015-0070:
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(5) Failing to maintain required
documentation of any FDA manual or mechanical device or equipment, or to provide
required documentation upon request is a violation of OAR 817-010-0065(10), (11),
or (13):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Stat. Auth.: ORS 676.605, 676.615, 676.992,
690.165, 690.167, 690.205
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165, 690.167 & 690.205
Hist.: BH 1-1985, f. &
ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef.
10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert.
ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98;
BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 4-2001(Temp), f. & cert. ef.
11-1-01 thru 4-29-02; BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04,
cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert.
ef. 5-5-11; BOC 4-2011(Temp), f. & cert. ef. 9-13-11 thru 3-11-12; BOC 1-2012(Temp),
f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12;
BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14
817-090-0110
Schedule of Penalties for Safe Working Conditions Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection
control laws and rules. This schedule applies, except at the discretion of the agency
pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions
of 331-020-0060 apply.
(1) Failing to meet the requirements
of the Oregon Indoor Clean Air Act is a violation of OAR 817-010-0007 and may result
in an emergency suspension of the facility license until the violation is corrected.
(2) Having frayed electrical
wiring or overloading the electrical circuits in a facility is a violation of ORS
690.055(1)(C), and OAR 817-010-0007 and may result in an emergency suspension of
the facility license until the violation is corrected.
(3) Having pets or other
animals in facilities, other than service animals recognized by the American with
Disabilities Act, fish in an aquarium or nonpoisonous reptiles in terrariums, is
a violation of OAR 817-010-0095.
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(4) Failing to wear eye goggles,
shields or mask in performing services on a client where the likelihood of splattering
is present is a violation of OAR 817-015-0030(1)(c):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(5) Failing to have a restroom
available which is "reasonably accessible" for facility employees is a violation
of OAR 817-010-0021(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Stat. Auth.: ORS 676.605, 676.615, 676.992,
690.165, 690.167 & 690.205
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165, 690.167 & 690.205
Hist.: BH 1-1985, f. &
ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef.
10-29-90; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert.
ef. 7-1-96; Renumbered from 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef. 6-30-98;
BOC 1-2002, f. 5-31-02 cert. ef. 6-1-02; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04;
BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11; BOC
1-2014, f. 2-27-14, cert. ef. 3-1-14
817-090-0115
Schedule of Penalties for Chemical Use and Storage Violations
The Agency has adopted the following
presumptive penalty schedule for the 1st, 2nd, and 3rd violation of chemical use
and storage laws and rules. This schedule applies, except at the discretion of the
agency pursuant to OAR 331-020-0060. For the 4th and subsequent offenses, the provisions
of 331-020-0060 apply.
(1) Failing to store chemicals
safely to avoid fire, explosion and/or bodily harm to clients and authorization
holders is a violation of OAR 817-060-0020(3):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(2) Failing to mix chemicals
in a dispensing area is a violation of OAR 817-060-0030(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(3) Mixing or using chemicals
near an open flame or other potential source of ignition is a violation of OAR 817-060-0030(1):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(4) Having an open flame
at the workstation, during any phase of chemical service, i.e. mixing, application,
processing, or use of any potentially explosive or flammable chemical, in relation
to performing services is a violation of OAR 817-060-0030(4)(d):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Stat. Auth.: ORS 676.605, 676.615, 676.992,
690.165, 690.167, 690.205
Stats. Implemented: ORS 676.605,
676.615, 676.992, 690.165, 690.167 & 690.205
Hist.: BH 1-1985, f. &
ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef.
10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef.
7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96; Renumbered from 817-090-0040; BBH
1-1998, f. 6-24-98, cert. ef. 6-30-98; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00;
BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06;
BOC 2-2011, f. & cert. ef. 5-5-11; BOC 1-2014, f. 2-27-14, cert. ef. 3-1-14

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