H.B. 71

This document includes House Committee Amendments incorporated into the bill on Wed, Jan 26, 2005 at 11:55 AM by chopkin. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 4, 2005 at 2:03 PM by chopkin. --> This document includes House Floor Amendments incorporated into the bill on Mon, Feb 21, 2005 at 10:18 AM by chopkin. --> 1

LICENSING OF ESTHETICIANS AND NAIL
2 TECHNICIANS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Julie Fisher
6 Sheryl L. Allen 7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Occupations and Professions Code related to the
11 licensing of estheticians and nail technicians.
12 Highlighted Provisions:
13 This bill:
14 . removes archaic work experience grandfathering provisions dealing with the
15 licensing of estheticians, master estheticians, and nail technicians;
16 . modifies the length of apprenticeship programs for estheticians, master estheticians,
17 and nail technicians;
18 . increases the curriculum requirement for nail technology schools from 200 to
18a H. [ 350 ] 300 .H
19 hours;
20 . increases from 250 to H. [ 450 ] 375 .H the number of hours of training required
20a for an approved
21 nail technician apprenticeship;
22 . expands the unlawful conduct provision that applies to nail technicians to
23 include the use of methyl methacrylate by a nail technician on a client; and
24 . provides the Division of Occupational and Professional Licensing with authority to
25 issue citations to nail technicians who use methyl methacrylate on their clients.
26 Monies Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 This bill takes effect on July 1, 2005.
30 Utah Code Sections Affected:
31 AMENDS:
31a H. 58-11a-102, as last amended by Chapter 204, Laws of Utah 2001 .H
32 58-11a-302, as last amended by Chapter 204, Laws of Utah 2001
33 58-11a-306, as last amended by Chapter 204, Laws of Utah 2001
34 58-11a-502, as enacted by Chapter 204, Laws of Utah 2001
35 58-11a-503, as enacted by Chapter 204, Laws of Utah 2001
36
37 Be it enacted by the Legislature of the state of Utah:
37a H. Section 1. Section 58-11a-102 is amended to read:
37b 58-11a-102. Definitions.
37c (1) "Approved cosmetologist/barber apprenticeship" means an apprenticeship that
37d meets the requirements of Subsection 58-11a-306(1) and the requirements established by rule
37e by the division in collaboration with the board in accordance with Title 63, Chapter 46a, Utah
37f Administrative Rulemaking Act.
37g (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
37h requirements of Subsection 58-11a-306(2) and the requirements established by rule by the
37i division in collaboration with the board in accordance with Title 63, Chapter 46a, Utah
37j Administrative Rulemaking Act.
37k (3) "Approved master esthetician apprenticeship" means an apprenticeship that meets
37l the requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
37m division in collaboration with the board in accordance with Title 63, Chapter 46a, Utah
37n Administrative Rulemaking Act.
37o (4) "Approved nail technician apprenticeship" means an apprenticeship that meets the
37p requirements of Subsection 58-11a-306(4) and the requirements established by rule by the
37q division in collaboration with the board in accordance with Title 63, Chapter 46a, Utah
37r Administrative Rulemaking Act.
37s (5) "Board" means the Cosmetology/Barbering, Esthetics, Electrology, and Nail
37t Technology Licensing Board created in Section 58-11a-201.
37u (6) "Cosmetologist/barber" means a person who is licensed under this chapter to
37v engage in the practice of cosmetology/barbering.
37w (7) "Cosmetologist/barber instructor" means a cosmetologist/barber who is licensed
37x under this chapter to teach cosmetology/barbering at a licensed cosmetology/barber school.
37y (8) "Direct supervision" means that the supervisor of an apprentice or the instructor of
37z a student is immediately available for consultation, advice, instruction, and evaluation.
37aa (9) "Electrologist" means a person who is licensed under this chapter to engage in the
37ab practice of electrology.

37ac (10) "Electrologist instructor" means an electrologist who is licensed under this
37ad chapter to teach electrology at a licensed electrology school.
37ae (11) "Esthetician" means a person who is licensed under this chapter to engage in the
37af practice of esthetics.
37ag (12) "Esthetician instructor" means a master esthetician who is licensed under this
37ah chapter to teach the practice of esthetics and the practice of master-level esthetics at a
37ai licensed esthetics school.
37aj (13) "Fund" means the Cosmetologist/Barber, Esthetician, Electrologist, and Nail
37ak Technician Education and Enforcement Fund created in Section 58-11a-103.
37al (14) "Licensed cosmetology/barber school" means a cosmetology/barber school
37am licensed under this chapter.
37an (15) "Licensed electrology school" means an electrology school licensed under this
37ao chapter.
37ap (16) "Licensed esthetics school" means an esthetics school licensed under this
37aq chapter.
37ar (17) "Licensed nail technology school" means a nail technology school licensed under
37as this chapter.
37at (18) "Master esthetician" means an individual who is licensed under this chapter to
37au engage in the practice of master-level esthetics.
37av (19) "Nail technician" means an individual who is licensed under this chapter to
37aw engage in the practice of nail technology.
37ax (20) "Nail technician instructor" means a nail technician licensed under this chapter to
37ay teach the practice of nail technology in a licensed nail technology school.
37az (21) (a) "Practice of cosmetology/barbering" means:
37ba (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
37bb singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
37bc person;
37bd (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
37be other appliances;
37bf (iii) arching eyebrows, or tinting eyebrows or eyelashes, or both;
37bg (iv) removing hair from the face, neck, shoulders, arms, back, bikini line, or legs of a
37bh person by the use of depilatories, waxing, or shaving equipment;
37bi (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
37bj or both on the human head; or
37bk (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
37bl hair.
37bm (b) The term "practice of cosmetology/barbering" includes:
37bn (i) the practice of esthetics; and
37bo (ii) the practice of nail technology.

37bp (22) "Practice of cosmetology/barbering instruction" means instructing
37bq cosmetology/barbering in a licensed cosmetology/barber school.
37br (23) "Practice of electrology" means the removal of superfluous hair from the body of
37bs a person by the use of electricity.
37bt (24) "Practice of electrology instruction" means instructing electrology in a licensed
37bu electrology school.
37bv (25) "Practice of esthetics" means any one of the following skin care procedures done
37bw on the head, face, neck, torso, abdomen, back, arms, hands, legs, feet, eyebrows, or eyelashes
37bx for cosmetic purposes and not for the treatment of medical, physical, or mental ailments:
37by (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays,
37bz or masks, extraction, depilatories, waxes, tweezing, natural nail manicures or pedicures, or
37ca callous removal by buffing or filing;
37cb (b) manual lymphatic massage of the face and neck;
37cc (c) limited chemical exfoliation as defined by rule;
37cd (d) removing superfluous hair by means other than electrolysis or laser procedures; or
37ce (e) other esthetic preparations or procedures with the use of the hands, a
37cf high-frequency or galvanic electrical apparatus, or a heat lamp for beautifying or similar work
37cg performed on the body for cosmetic purposes and not for the treatment of medical, physical,
37ch or mental ailments.
37ci (26) "Practice of esthetics instruction" means instructing esthetics or master-level
37cj esthetics in a licensed esthetics school.
37ck (27) (a) "Practice of master-level esthetics" means:
37cl (i) any of the following when done for cosmetic purposes and not for the treatment of
37cm medical, physical, or mental ailments:
37cn (A) body wraps as defined by rule;
37co (B) hydrotherapy as defined by rule;
37cp (C) chemical exfoliation as defined by rule;
37cq (D) advanced pedicures as defined by rule;
37cr (E) sanding, including microdermabrasion; or
37cs (F) other esthetic preparations or procedures with the use of:
37ct (I) the hands; or
37cu (II) a mechanical or electrical apparatus which is approved for use by division rule for
37cv beautifying or similar work performed on the body for cosmetic purposes and not for the
37cw treatment of a medical, physical, or mental ailment; and
37cx (ii) lymphatic massage by manual or other means.
37cy (b) Notwithstanding the provisions of Subsection (27)(a), a master-level esthetician
37cz may perform procedures listed in Subsection (27)(a)(i) for noncosmetic purposes if done
37da under the supervision of a licensed health care practitioner acting within the scope of his or
37db her license.
37dc (c) The term "practice of master-level esthetics" includes the practice of esthetics.
37dd (28) "Practice of nail technology" means to trim, cut, clean, manicure, shape,

37de massage, or enhance the appearance of the [nails of the] hands [or] , feet , and nails
37df of an individual by the use of hands, mechanical, or electrical preparation, antiseptic, lotions,
37dg or creams, including the application and removal of sculptured or artificial nails.
37dh (29) "Practice of nail technology instruction" means instructing nail technology in a
37di licensed nail technician school.
37dj (30) "Recognized cosmetology/barber school" means a cosmetology/barber school
37dk located in another state, whose students, upon graduation, are recognized as having
37dl completed the educational requirements for licensure in that state.
37dm (31) "Recognized electrology school" means an electrology school located in another
37dn state, whose students, upon graduation, are recognized as having completed the educational
37do requirements for licensure in that state.
37dp (32) "Recognized esthetics school" means an esthetics school located in another
37dq state, whose students, upon graduation, are recognized as having completed the educational
37dr requirements for licensure in that state.
37ds (33) "Recognized nail technology school" means a nail technology school in another
37dt state, whose students, upon graduation, are recognized as having completed the educational
37du requirements for licensure in that state.
37dv (34) "Salon" means a place, shop, or establishment in which cosmetology/barbering,
37dw esthetics, electrology, or nail technology is practiced.
37dx (35) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-11a-502.
37dy (36) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-11a-501 and
37dz as may be further defined by rule by the division in collaboration with the board in accordance
37ea with Title 63, Chapter 46a, Utah Administrative Rulemaking Act. . H
38 Section H. [ 1. ] 2. .H Section 58-11a-302 is amended to read:
39 58-11a-302. Qualifications for licensure.
40 (1) Each applicant for licensure as a cosmetologist/barber shall:
41 (a) submit an application in a form prescribed by the division;
42 (b) pay a fee determined by the department under Section 63-38-3.2 ;
43 (c) be of good moral character;
44 (d) provide satisfactory documentation of:
45 (i) graduation from a licensed or recognized cosmetology/barber school whose
46 curriculum consists of a minimum of 2,000 hours of instruction or the equivalent number of
47 credit hours over a period of not less than 12 months;
48 (ii) (A) having graduated from a recognized cosmetology/barber school whose
49 curriculum consists of less than 2,000 hours of instruction or the equivalent number of credit

50 hours; and
51 (B) having practiced as a licensed cosmetologist/barber for a period of not less than
52 4,000 hours; or
53 (iii) having completed an approved cosmetology/barber apprenticeship; and
54 (e) meet the examination requirement established by rule.
55 (2) Each applicant for licensure as a cosmetologist/barber instructor shall:
56 (a) submit an application in a form prescribed by the division;
57 (b) pay a fee determined by the department under Section 63-38-3.2 ;
58 (c) provide satisfactory documentation that the applicant is currently licensed as a

59 cosmetologist/barber;
60 (d) be of good moral character;
61 (e) provide satisfactory documentation of completion of:
62 (i) an instructor training program conducted by a cosmetology/barber school consisting
63 of a minimum of 1,000 hours or the equivalent number of credit hours; or
64 (ii) a minimum of 4,000 hours of experience as a cosmetologist/barber; and
65 (f) meet the examination requirement established by rule.
66 (3) Each applicant for licensure as a cosmetologist/barber school shall:
67 (a) submit an application in a form prescribed by the division;
68 (b) pay a fee determined by the department under Section 63-38-3.2 ; and
69 (c) provide satisfactory documentation:
70 (i) of appropriate registration with the Division of Corporations and Commercial Code;
71 (ii) of business licensure from the city, town, or county in which the school is located;
72 (iii) that the applicant's physical facilities comply with the requirements established by
73 rule; and
74 (iv) that the applicant meets the standards for cosmetology/barber schools, including
75 staff and accreditation requirements, established by rule.
76 (4) Each applicant for licensure as an electrologist shall:
77 (a) submit an application in a form prescribed by the division;
78 (b) pay a fee determined by the department under Section 63-38-3.2 ;
79 (c) be of good moral character;
80 (d) provide satisfactory documentation of having graduated from a licensed or
81 recognized electrology school after completing a curriculum of 500 hours of instruction or the
82 equivalent number of credit hours; and
83 (e) meet the examination requirement established by rule.
84 (5) Each applicant for licensure as an electrologist instructor shall:
85 (a) submit an application in a form prescribed by the division;
86 (b) pay a fee determined by the department under Section 63-38-3.2 ;
87 (c) provide satisfactory documentation that the applicant is currently licensed as an
88 electrologist;
89 (d) be of good moral character;

90 (e) provide satisfactory documentation of completion of:
91 (i) an instructor training program conducted by an electrology school consisting of a
92 minimum of 175 hours or the equivalent number of credit hours; or
93 (ii) a minimum of 1,000 hours of experience as an electrologist; and
94 (f) meet the examination requirement established by rule.
95 (6) Each applicant for licensure as an electrologist school shall:
96 (a) submit an application in a form prescribed by the division;
97 (b) pay a fee determined by the department under Section 63-38-3.2 ; and
98 (c) provide satisfactory documentation:
99 (i) of appropriate registration with the Division of Corporations and Commercial Code;
100 (ii) of business licensure from the city, town, or county in which the school is located;
101 (iii) that the applicant's facilities comply with the requirements established by rule; and
102 (iv) that the applicant meets the standards for electrologist schools, including staff,
103 curriculum, and accreditation requirements, established by rule.
104 (7) Each applicant for licensure as an esthetician shall:
105 (a) submit an application in a form prescribed by the division;
106 (b) pay a fee determined by the department under Section 63-38-3.2 ;
107 (c) be of good moral character; and
108 (d) provide satisfactory documentation of one of the following:
109 (i) (A) graduation from a licensed or recognized esthetic school whose curriculum
110 consists of not less than 15 weeks of esthetic instruction with a minimum of 600 hours or the
111 equivalent number of credit hours; and
112 (B) having met the examination requirement established by division rule;
113 (ii) (A) completion of an approved esthetician apprenticeship; and
114 (B) having met the examination requirement established by division rule; or
115 [(iii) being engaged in the practice of esthetics prior to January 1, 2001, with a business
116 license issued by the city, town, or county where the applicant was practicing esthetics;]
117 [(iv) being engaged in the practice of esthetics prior to January 1, 2001, as an employee
118 of an employer who meets the requirements of Subsection (7)(d)(iii); or]
119 [(v)] (iii) having met the examination requirement established by division rule prior to
120 December 31, 2001.

121 (8) Each applicant for licensure as a master esthetician shall:
122 (a) submit an application in a form prescribed by the division;
123 (b) pay a fee determined by the department under Section 63-38-3.2 ;
124 (c) be of good moral character; and
125 (d) provide satisfactory documentation of one of the following:
126 (i) (A) completion of 1,200 hours of training or the equivalent number of credit hours,
127 including 200 hours of training or the equivalent number of credit hours in lymphatic massage,
128 at a licensed or recognized esthetics school; and
129 (B) having met the examination requirement established by division rule;
130 (ii) (A) completion of an approved master esthetician apprenticeship; and
131 (B) having met the examination requirement established by division rule; or
132 [(iii) being engaged in the practice of master-level esthetics prior to January 1, 2001,
133 with a business license issued by the city, town, or county where the applicant was practicing
134 esthetics;]
135 [(iv) being engaged in the practice of master-level esthetics prior to January 1, 2001, as
136 an employee of an employer who meets the requirements of Subsection (8)(d)(iii); or]
137 [(v)] (iii) having met the examination requirement established by division rule prior to
138 December 31, 2001.
139 (9) Each applicant for licensure as an esthetician instructor shall:
140 (a) submit an application in a form prescribed by the division;
141 (b) pay a fee determined by the department under Section 63-38-3.2 ;
142 (c) provide satisfactory documentation that the applicant is currently licensed as a
143 master esthetician;
144 (d) be of good moral character;
145 (e) provide satisfactory documentation of completion of:
146 (i) an instructor training program conducted by a licensed or recognized esthetics
147 school consisting of a minimum of 300 hours or the equivalent number of credit hours; or
148 (ii) a minimum of 1,000 hours of experience in esthetics; and
149 (f) meet the examination requirement established by rule.
150 (10) Each applicant for licensure as an esthetics school shall:
151 (a) submit an application in a form prescribed by the division;

152 (b) pay a fee determined by the department under Section 63-38-3.2 ; and
153 (c) provide satisfactory documentation:
154 (i) of appropriate registration with the Division of Corporations and Commercial Code;
155 (ii) of business licensure from the city, town, or county in which the school is located;
156 (iii) that the applicant's physical facilities comply with the requirements established by
157 rule; and
158 (iv) that the applicant meets the standards for esthetics schools, including staff,
159 curriculum, and accreditation requirements, established by division rule made in collaboration
160 with the board.
161 (11) Each applicant for licensure as a nail technician shall:
162 (a) submit an application in a form prescribed by the division;
163 (b) pay a fee determined by the department under Section 63-38-3.2 ;
164 (c) be of good moral character; and
165 (d) provide satisfactory documentation of one of the following:
166 (i) (A) graduation from a licensed or recognized nail technology school whose
167 curriculum consists of not less than [200] H. [ 350 ] 300 .H hours or the equivalent number of
167a credit hours of
168 not more than eight hours a day and six days a week during the program; and
169 (B) having met the examination requirement established by division rule;
170 (ii) (A) having completed an approved nail technician apprenticeship; and
171 (B) having met the examination requirement established by division rule; or
172 [(iii) being engaged in the practice of nail technology prior to January 1, 2001, with a
173 business license issued by the city, town, or county where the applicant was practicing nail
174 technology;]
175 [(iv) being engaged in the practice of nail technology prior to January 1, 2001, as an
176 employee of an employer who meets the requirements of Subsection (11)(d)(iii); or]
177 [(v)] (iii) having met the examination requirement established by division rule prior to
178 December 31, 2001.
179 (12) Each applicant for licensure as a nail technician instructor shall:
180 (a) submit an application in a form prescribed by the division;
181 (b) pay a fee determined by the department under Section 63-38-3.2 ;
182 (c) provide satisfactory documentation that the applicant is currently licensed as a nail

183 technician;
184 (d) be of good moral character;
185 (e) provide satisfactory documentation of completion of:
186 (i) an instructor training program conducted by a licensed or recognized nail
187 technology school consisting of a minimum of 100 hours or the equivalent number of credit
188 hours; or
189 (ii) a minimum of 400 hours of experience in nail technology; and
190 (f) meet the examination requirement established by rule.
191 (13) Each applicant for licensure as a nail technology school shall:
192 (a) submit an application in a form prescribed by the division;
193 (b) pay a fee determined by the department under Section 63-38-3.2 ; and
194 (c) provide satisfactory documentation:
195 (i) of appropriate registration with the Division of Corporations and Commercial Code;
196 (ii) of business licensure from the city, town, or county in which the school is located;
197 (iii) that the applicant's facilities comply with the requirements established by rule; and
198 (iv) that the applicant meets the standards for nail technology schools, including staff,
199 curriculum, and accreditation requirements, established by rule.
200 (14) Each applicant for licensure under this chapter whose education in the field for
201 which a license is sought was completed at a foreign school may satisfy the educational
202 requirement for licensure by demonstrating, to the satisfaction of the division, the educational
203 equivalency of the foreign school education with a licensed school under this chapter.
204 Section H. [ 2. ] 3. .H Section 58-11a-306 is amended to read:
205 58-11a-306. Apprenticeship.
206 (1) An approved cosmetologist/barber apprenticeship shall:
207 (a) consist of not less than 2,500 hours of training in not less than 15 months; and
208 (b) be conducted by a supervisor who:
209 (i) is licensed under this chapter as a cosmetologist/barber instructor; and
210 (ii) provides direct one-on-one supervision of the cosmetologist/barber apprentice
211 during the apprenticeship program.
212 (2) An approved esthetician apprenticeship shall:
213 (a) consist of not less than 800 hours of training in not less than [nine] five months;

214 and
215 (b) be conducted by a supervisor who:
216 (i) is licensed under this chapter as an esthetician instructor; and
217 (ii) provides direct one-on-one supervision of the esthetician apprentice during the
218 apprenticeship program.
219 (3) An approved master esthetician apprenticeship shall:
220 (a) consist of not less than 1,500 hours of training in not less than [18] ten months; and
221 (b) be conducted by a supervisor who:
222 (i) is licensed under this chapter as a master-level esthetician instructor; and
223 (ii) provides direct one-on-one supervision of the master esthetician apprentice during
224 the apprenticeship program.
225 (4) An approved nail technician apprenticeship shall:
226 (a) consist of not less than [250] H. [ 450 ] 375 .H hours of training in not less than
226a H. [ six ] three .H months; and
227 (b) be conducted by a supervisor who:
228 (i) is licensed under this chapter as a nail technician instructor; and
229 (ii) provides direct one-on- H. [ one ] two .H supervision of the nail technician apprentice
229a during the
230 apprenticeship program.
231 Section H. [ 3. ] 4. . H Section 58-11a-502 is amended to read:
232 58-11a-502. Unlawful conduct.
233 Unlawful conduct includes:
234 (1) practicing or engaging in, or attempting to practice or engage in activity for which a
235 license is required under this chapter unless:
236 (a) the person holds the appropriate license under this chapter; or
237 (b) an exemption in Section 58-1-307 or 58-11a-304 applies;
238 (2) knowingly employing any other person to engage in or practice or attempt to
239 engage in or practice any occupation or profession licensed under this chapter if the employee
240 is not licensed to do so under this chapter or exempt from licensure; [and]
241 (3) touching, or applying an instrument or device to the following areas of a client's
242 body:
243 (a) the genitals or the anus; or
244 (b) the breast of a female patron, except in cases in which the female patron states to a

245 licensee that the patron requests breast skin procedures and signs a written consent form, which
246 must also include the signature of a parent or legal guardian if the patron is a minor,
247 authorizing the licensee to perform breast skin procedures[.]; and
248 (4) using as a nail technician a solution composed of at least 10% methyl methacrylete
249 on a client.
250 Section H. [ 4. ] 5. .H Section 58-11a-503 is amended to read:
251 58-11a-503. Penalties.
252 (1) Unless Subsection (2) applies, an individual who commits an act of unlawful
253 conduct under Section 58-11a-502 or who fails to comply with a citation issued under this
254 section after it is final is guilty of a class A misdemeanor.
255 (2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code,
256 shall be subject to the applicable penalties in Title 76.
257 (3) Grounds for immediate suspension of a licensee's license by the division include
258 the issuance of a citation for violation of Subsection 58-11a-502 (1) [or], (2), or (4).
259 (4) (a) If upon inspection or investigation, the division concludes that a person has
260 violated the provisions of Subsection 58-11a-502 (1) [or], (2), or (4), or [any] a rule or order
261 issued with respect to Subsection 58-11a-502 (1) [or], (2), or (4), and that disciplinary action is
262 appropriate, the director or [his] the director's designee from within the division shall promptly
263 issue a citation to the person according to this chapter and any pertinent rules, attempt to
264 negotiate a stipulated settlement, or notify the person to appear before an adjudicative
265 proceeding conducted under Title 63, Chapter 46b, Administrative Procedures Act.
266 (i) [Any] A person who is in violation of [the provisions of] Subsection 58-11a-502 (1)
267 [or], (2), or (4), as evidenced by an uncontested citation, a stipulated settlement, or by a finding
268 of violation in an adjudicative proceeding, may be assessed a fine pursuant to this Subsection
269 (4) and may, in addition to or in lieu of, be ordered to cease and desist from violating
270 Subsection 58-11a-502 (1) [or], (2), or (4).
271 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
272 58-11a-401 may not be assessed through a citation.
273 (b) (i) Each citation shall be in writing and describe with particularity the nature of the
274 violation, including a reference to the provision of the chapter, rule, or order alleged to have
275 been violated.

276 (ii) The citation shall clearly state that the recipient must notify the division in writing
277 within 20 calendar days of service of the citation if the recipient wishes to contest the citation
278 at a hearing conducted under Title 63, Chapter 46b, Administrative Procedures Act.
279 (iii) The citation shall clearly explain the consequences of failure to timely contest the
280 citation or to make payment of [any fines] a fine assessed by the citation within the time
281 specified in the citation.
282 (c) Each citation issued under this section, or a copy of each citation, may be served
283 upon [any] a person upon whom a summons may be served in accordance with the Utah Rules
284 of Civil Procedure and may be made personally or upon [his] the person's agent by a division
285 investigator or by [any] a person specially designated by the director or by mail.
286 (d) (i) If within 20 calendar days from the service of a citation, the person to whom the
287 citation was issued fails to request a hearing to contest the citation, the citation becomes the
288 final order of the division and is not subject to further agency review.
289 (ii) The period to contest a citation may be extended by the division for cause.
290 (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
291 the license of a licensee who fails to comply with a citation after it becomes final.
292 (f) The failure of an applicant for licensure to comply with a citation after it becomes
293 final is a ground for denial of license.
294 (g) No citation may be issued under this section after the expiration of six months
295 following the occurrence of [any] a violation.
296 (h) Fines shall be assessed by the director or [his] the director's designee according to
297 the following:
298 (i) for a first offense [handled pursuant to] under Subsection (4)(a), a fine of up to
299 $1,000;
300 (ii) for a second offense [handled pursuant to] under Subsection (4)(a), a fine of up to
301 $2,000; and
302 (iii) for any subsequent offense [handled pursuant to] under Subsection (4)(a), a fine of
303 up to $2,000 for each day of continued offense.
304 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
305 Subsection (4)(h), an offense constitutes a second or subsequent offense if:
306 (A) the division previously issued a final order determining that a person committed a

307 first or second offense in violation of Subsection 58-11a-502 (1) [or], (2), or (4); or
308 (B) (I) the division initiated an action for a first or second offense;
309 (II) no final order has been issued by the division in the action initiated under
310 Subsection (4)(i)(i)(B)(I);
311 (III) the division determines during an investigation that occurred after the initiation of
312 the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
313 violation of [the provisions of] Subsection 58-11a-502 (1) [or], (2), or (4); and
314 (IV) after determining that the person committed a second or subsequent offense under
315 Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
316 Subsection (4)(i)(i)(B)(I).
317 (ii) In issuing a final order for a second or subsequent offense under Subsection
318 (4)(i)(i), the division shall comply with the requirements of this section.
319 (5) (a) [Any] A penalty imposed by the director under Subsection (4)(h) shall be
320 deposited into the Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician
321 Education and Enforcement Fund. [Any]
322 (b) A penalty which is not paid may be collected by the director by either referring the
323 matter to a collection agency or bringing an action in the district court of the county in which
324 the person against whom the penalty is imposed resides or in the county where the office of the
325 director is located. [Any]
326 (c) A county attorney or the attorney general of the state is to provide legal assistance
327 and advice to the director in [any] an action to collect the penalty. [In any action brought to
328 enforce the provisions of this section,]
329 (d) A court shall award reasonable attorney's fees and costs [shall be awarded] in an
330 action brought to enforce the provisions of this section.
331 Section H. [ 5. ] 6. .H Effective date.
332 This bill takes effect on H. [ July 1, 2005 ] December 31, 2005 .H .

Legislative Review Note
as of 12-14-04 2:21 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel