§ 238-11. Enforcement.

A. 

The manicurist registration shall be suspended immediately upon notice to the holder (without a hearing) when the BOH has reason to believe that an imminent health hazard exists.

B. 

In all other instances of violation of the provisions of the rules and regulations, the Franklin Board of Health may serve the registrant (permit holder) a written notice specifying the violation(s) and afford the registrant or certificate holder a reasonable opportunity to correct the same and/or the issue of a noncriminal violation ticket and/or may seek the issuance of criminal process.

(1) 

Whenever a registrant has failed to comply with any written notice issued under the provisions of these rules and regulations.

(2) 

The holder of the registration (permit) shall be notified in writing that the registration or certificate shall be suspended at the end of 10 days following the service of the notice unless a request for a hearing is made within the ten-day period. Nothing herein shall prohibit the BOH from suspending a permit after a hearing.

(3) 

Any person whose registration has been suspended may make a request in writing for reinstatement of the registration.

(4) 

For serious or repeated violations of any of the requirements of these rules and regulations or for interference with the BOH in the performance of its duties, or for persons found guilty of any crime related to manicuring, the manicuring registration may be permanently revoked after an opportunity for a hearing has been provided.

(5) 

Manicuring of minors. Every person who shall perform manicuring on any minor under the age of 18, without the written consent and presence of a parent or legal guardian, may be penalized by: fines or revocation of permits.

(6) 

Civil enforcement through fines under MGL c. 40, § 21D or Board of Health manicurist rules and regulation.

(a) 

Fine allowed: $100.

(b) 

Enforcement agents: Board of Health and its agents.

(c) 

Fine schedule (each day of noncompliance is considered a separate offense): first offense, $25; second offense, $50; third and subsequent offenses, $100.

(d) 

In all cases, the owner of the establishment is responsible for all fines.