BUSINESS AND PROFESSIONS CODE
SECTION 7403-7405
7403. (a) The bureau may revoke, suspend, or deny at any time any
license required by this chapter on any of the grounds for
disciplinary action provided in this article. The proceedings under
this article shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the bureau shall have all the powers
granted therein.
(b) In any case in which the administrative law judge recommends
that the bureau revoke, suspend or deny a license, the administrative
law judge may, upon presentation of suitable proof, order the
licensee to pay the bureau the reasonable costs of the investigation
and adjudication of the case. For purposes of this section, "costs"
include charges by the bureau for investigating the case, charges
incurred by the office of the Attorney General for investigating and
presenting the case, and charges incurred by the Office of
Administrative Hearings for hearing the case and issuing a proposed
decision.
(c) The costs to be assessed shall be fixed by the administrative
law judge and shall not, in any event, be increased by the bureau.
When the bureau does not adopt a proposed decision and remands the
case to an administrative law judge, the administrative law judge
shall not increase the amount of any costs assessed in the proposed
decision.
(d) The bureau may enforce the order for payment in the superior
court in the county where the administrative hearing was held. This
right of enforcement shall be in addition to any other rights the
bureau may have as to any licensee directed to pay costs.
(e) In any judicial action for the recovery of costs, proof of the
bureau's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
(f) Notwithstanding any other provision of law, all costs
recovered under this section shall be deposited in the bureau's
contingent fund as a scheduled reimbursement in the fiscal year in
which the costs are actually recovered.
7404. The grounds for disciplinary action are as follows:
(a) Unprofessional conduct which includes, but is not limited to,
any of the following:
(1) Incompetence or gross negligence, including failure to comply
with generally accepted standards for the practice of barbering,
cosmetology, or electrology or disregard for the health and safety of
patrons.
(2) Repeated similar negligent acts.
(3) Conviction of any crime substantially related to the
qualifications, functions, or duties of the license holder, in which
case, the records of conviction or a certified copy shall be
conclusive evidence thereof.
(4) Advertising by means of knowingly false or deceptive
statements.
(b) Failure to comply with the requirements of this chapter.
(c) Failure to comply with the rules governing health and safety
adopted by the bureau and approved by the State Department of Health
Services, for the regulation of establishments, or any practice
licensed and regulated under this chapter.
(d) Failure to comply with the rules adopted by the bureau for the
regulation of establishments, or any practice licensed and regulated
under this chapter.
(e) Continued practice by a person knowingly having an infectious
or contagious disease.
(f) Habitual drunkenness, habitual use of or addiction to the use
of any controlled substance.
(g) Obtaining or attempting to obtain practice in any occupation
licensed and regulated under this chapter, or money, or compensation
in any form, by fraudulent misrepresentation.
(h) Failure to display the license or health and safety rules and
regulations in a conspicuous place.
(i) Engaging, outside of a licensed establishment and for
compensation in any form whatever, in any practice for which a
license is required under this chapter, except that when such service
is provided because of illness or other physical or mental
incapacitation of the recipient of the service and when performed by
a licensee obtained for the purpose from a licensed establishment.
(j) Permitting a license to be used where the holder is not
personally, actively, and continuously engaged in business.
(k) The making of any false statement as to a material matter in
any oath or affidavit, which is required by the provisions of this
chapter.
(l) Refusal to permit or interference with an inspection
authorized under this chapter.
(m) Any action or conduct which would have warranted the denial of
a license.
(n) Failure to surrender a license that was issued in error or by
mistake.
7404.1. Any person, firm, association, or corporation violating
this chapter is guilty of a misdemeanor unless a specific penalty is
otherwise provided.
7405. A plea or verdict of guilty or a conviction following a plea
of nolo contendere is deemed to be a conviction within the meaning of
this article. The bureau may order the license suspended or
revoked, or may decline to issue a license, when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4 of the Penal Code allowing the person to withdraw his
plea of guilty and to enter a plea of not guilty, or setting aside
the verdict of guilty, or dismissing the accusation, information or
indictment.