A person shall hold a beauty salon permit issued by the Board before the person may operate a beauty salon in the State. A beauty salon may operate as a limited practice beauty salon by offering cosmetology services limited to: providing esthetic services; providing eyelash extension services; providing hair services; providing hair services – blow drying; or providing nail technician services. A separate beauty salon permit is required for each beauty salon that a person operates.

To qualify for a beauty salon permit, an applicant shall meet the requirements of this section. An applicant shall own or lease the facility in which the beauty salon for which the application is made is located. To qualify for a beauty salon permit for a mobile beauty salon, the applicant shall: hold a beauty salon permit to operate a beauty salon that is not a mobile beauty salon; and own or lease the motor vehicle or trailer in which the mobile beauty salon for which the application is made is located. As a condition of the issuance of a beauty salon permit, the beauty salon for which the application is made shall pass the inspection conducted under § 5–520 of this subtitle. The applicant shall meet any other requirements that the Board sets, by regulation, for applicants for beauty salon permits.

An applicant for a beauty salon permit shall: submit to the Board an application on the form that the Board provides; pay to the Board an application fee established by the Board in accordance with the provisions of § 5-205 of this title; and pay to the Board an inspection fee established by the Board in accordance with the provisions of § 5-205 of this title. In addition to any other information required on the application form, the form shall require the applicant to indicate if the application is for a limited practice beauty salon. For each beauty salon permit for which a person applies, the person shall submit a separate application and pay a separate application fee.

The Board shall issue a beauty salon permit to each applicant who meets the requirements of this subtitle. A beauty salon permit for the limited practice of cosmetology shall specify the limited cosmetology services for which the permit is issued. The Board shall issue a beauty salon permit and a barbershop permit to an applicant of a single establishment if the applicant: meets the requirements of: this title; and Title 4 of this article; submits a separate application for each permit; and pays a separate fee for each application.

While a beauty salon permit is in effect, it authorizes the beauty salon permit holder to operate the beauty salon. While a beauty salon permit for the limited practice of cosmetology is in effect, it authorizes the holder to operate a beauty salon only for the limited purpose for which the permit is issued.

Unless a beauty salon permit is renewed for a 2-year term as provided in this section, the permit expires on the first October 31 that comes: after the effective date of the permit; and in an odd-numbered year. At least 1 month before a beauty salon permit expires, the Board shall mail or electronically transmit to the beauty salon permit holder: a renewal application form; and a notice that states: the date on which the current permit expires; and the amount of the renewal fee. If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the beauty salon permit holder, at the last known address of the beauty salon permit holder, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable. Before a beauty salon permit expires, the beauty salon permit holder periodically may renew it for an additional 2-year term, if the holder: otherwise is entitled to hold the permit; pays to the Board a renewal fee established by the Board in accordance with the provisions of § 5-205 of this title; and submits to the Board a renewal application on the form that the Board provides. The Board shall renew the beauty salon permit of and issue a renewal certificate to each beauty salon permit holder who meets the requirements of this section. The Secretary may determine that permits issued under this subtitle shall expire on a staggered basis.

The Board may reinstate a beauty salon permit that has expired if the owner of the salon: applies to the Board for reinstatement within 45 days after the permit expires; otherwise meets the requirements of § 5–506(c) of this subtitle; and pays to the Board a reinstatement fee established by the Board in accordance with § 5–205 of this title, in addition to the renewal fee required under § 5–506(c)(2) of this subtitle. If an owner of a salon has failed to renew a beauty salon permit and applies to the Board for reinstatement more than 45 days after the permit has expired, the Board shall reinstate the permit only if the salon owner qualifies for a beauty salon permit in accordance with §§ 5–502 and 5–503 of this subtitle.

The Board may adopt regulations to ensure that each cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission is operated in a sanitary manner. The regulations adopted under subsection (a) of this section shall provide for: the reporting of violations of the regulations to the Department of Education or the Maryland Higher Education Commission; and the imposition of a fine not to exceed $300 for a violation of the regulations. In determining the amount of financial penalty to be imposed under this section, the Board shall consider the following: the seriousness of the violation; the good faith of the violator; the violator’s history of previous violations; the deleterious effect of the violation on the complainant, the public, and the barber industry; and any other factors relevant to the determination of the financial penalty. The Board shall commence proceedings to assess a penalty under this section on a complaint to the Board by a member of the Board or any person. A complaint shall: be in writing; include the name and necessary contact information of the individual filing the complaint, as determined by the Board; state specifically the facts on which the complaint is based; be submitted to the Executive Director of the Board; and be served on the person to whom it is directed: personally; or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records. If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing. Except as provided in subsection (f) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–523 of this subtitle to assess a penalty. If the Board does not make the finding, the Board shall dismiss the complaint. If the Board makes the finding under subsection (e)(1) of this section for a violation that relates to the sanitary condition of a cosmetology school or the sanitary practice of cosmetology, the Board shall provide the owner of the school an opportunity to correct the alleged violation. If the owner fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–523 of this subtitle. If the owner corrects each alleged violation within 10 days of notice, the Board shall: dismiss the complaint; and provide the owner written notification of the dismissal.

The Board may appoint inspectors to conduct inspections. Subject to the State budget, each inspector is entitled to: reasonable compensation set by the Board for each day on which the inspector is engaged in the duties of the appointment; and reimbursement for expenses under the Standard State Travel Regulations. The Board shall inspect beauty salons. The Board shall inspect the facilities of applicants for beauty salon permits before the beauty salon: initially opens for business; opens for business at a new location; or continues business under a new owner. A beauty salon that remodels and reopens with the same owner is not subject to the inspection requirement of this subsection. The Board or an inspector may enter and inspect a cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission at any time during business hours to determine the sanitary condition of the cosmetology school. If, during an inspection of a cosmetology school, an inspector finds an unsanitary condition, the inspector promptly shall report the condition to the Board. A beauty salon shall allow an inspector, on presentation of credentials, to enter and inspect the facility at any time during business hours. During inspection of a beauty salon, the owner, lessee, or manager of the beauty salon shall accompany the inspector. An inspector shall make an inspection report after an inspection and give a copy to the individual who accompanied the inspector during the inspection. The individual shall sign the inspection report for the beauty salon or cosmetology school to acknowledge receipt of a copy of the report.

Each beauty salon permit holder shall display the beauty salon permit conspicuously in the beauty salon for which the permit is issued.

Subject to the hearing provisions of § 5–523 of this subtitle, the Board may deny a beauty salon permit to any applicant, reprimand any permit holder, or suspend or revoke a beauty salon permit: for any applicable ground under § 5–314 of this title; if the applicant or holder fraudulently or deceptively obtains or attempts to obtain a beauty salon permit for the applicant or holder or for another; if the applicant or holder fraudulently or deceptively uses a beauty salon permit; or if the holder fails to pay a civil penalty imposed by the Board under § 5–610 of this title. Instead of or in addition to reprimanding a permit holder or suspending or revoking a beauty salon permit, the Board may impose a penalty not exceeding $300 for all violations cited on a single date. To determine the amount of penalty imposed under this subsection, the Board shall consider: the seriousness of the violation; the good faith of the violator; the violator’s history of previous violations; the deleterious effect of the violation on the complainant, the public, and the cosmetology industry; and any other factors relevant to the determination of the financial penalty. The Board shall pay any penalty collected under this subsection into the General Fund of the State. The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person. A complaint shall: be in writing; be signed by the complainant; state specifically the facts on which the complaint is based; be submitted to the Executive Director of the Board; and be served on the person to whom it is directed: personally; or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records. If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing. Except as provided in subsection (d) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–523 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty. If the Board does not make the finding, the Board shall dismiss the complaint. If the Board makes the finding under subsection (c)(1) of this section for a violation that relates to the sanitary condition of a beauty salon or the sanitary practice of cosmetology, the Board shall provide the owner of the salon an opportunity to correct the alleged violation. If the owner fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–523 of this subtitle. If the owner corrects each alleged violation within 10 days of notice, the Board shall: dismiss the complaint; and provide the owner written notification of the dismissal.

Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes any final action under § 5–509 or § 5–522 of this subtitle or § 5–608.1 of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. The hearing notice to be given to the person shall be served at least 5 days before the hearing. The person may be represented at the hearing by counsel. The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section. A subpoena issued under this subsection shall be served by: certified mail; or the sheriff of the county where the person to be served resides or has a principal place of business. If, after due notice, the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

The Board may reinstate the beauty salon permit of a person whose beauty salon permit has been suspended or revoked under § 5-522 of this subtitle if the person: applies to the Board for reinstatement of the beauty salon permit; and provides to the Board adequate evidence that the applicant is qualified to have the beauty salon permit reinstated.