Barbering and Cosmetology License Defense

The California State Board of Barbering and Cosmetology Exists (BBC) to above ensure high-quality services within the state and to protect consumers. Most of the board consists of members of the general public who have no financial connection to the industry. The board educates consumers and regulates the people who provide services to them.

The following people need to be licensed by the board before they can provide services in California:

• Cosmetologists
• Barbers
• Manicurists
• Estheticians
• Electrologists
• Apprentices
• Establishments

To be licensed, applicants must successfully pass an exam. They must demonstrate that they possess the knowledge to protect the health and safety of the public.

License Applications, Denials and Statement of Issues

Applying for your license or school approval is exciting because it is one of the last hurdles before you can begin your career. For many the application process with the Board is straightforward and simple. However, for some, past criminal convictions or other issues can lock them up. The attorneys at Unlock Legal will complete and file your application on your behalf to make sure that you have the best chance of having it granted.

If you have submitted your application and it has been denied, you are not locked out of your career. A denial of your application is called a Statement of Issues. We will defend you to the Board with the intention that you are granted your license free and clear. If you must be on probation, we will negotiate the best possible terms and conditions. A part of your defense may be cleaning up any past criminal issues to show your rehabilitation to the licensing body.

Investigation

If someone files a complaint against you with the Board, the Board may instigate an investigation against you. The attorneys at Unlock Legal will request a copy of the complaint, assist you in preparation of any statement, prepare you for the investigation interview, and represent you at the interview with the investigator. It is important to have experienced counsel with you at an investigation interview to assist you in answering any questions appropriately, and advising you when not to speak. With the right advice and counsel an investigation may end at the interview stage. If not, your licensing body may choose to file a formal complaint against you called an Accusation.

The BBC Investigates Licensees for a Number of Reasons

When it comes to processing and handling complaints, the BBC is one of the most active professional regulatory boards in the entire state. According to the board, it handled nearly 5,000 complaints in 2018-2019. The board takes it upon itself to investigate each complaint that is filed. In addition, the board makes unscheduled surprise visits to establishments across the state to inspect for compliance with its regulations.

There are a number of reasons why the board may investigate a provider and take disciplinary action, including:

• Gross negligence and incompetence
• Unsanitary conditions in the establishment
• False and deceptive advertising
• Unlicensed activities
• Failure to meet continuing education requirements
• Continuing education was not accepted by the board
• Accused of continuing education fraud

If the board investigates allegations and finds that there are appropriate reasons to proceed, it will launch an enforcement action against the provider or establishment. When this happens, your ability to earn a living is at risk. The penalties can be severe. In some cases, the board may immediately suspend the provider’s license while they continue to investigate if they believe it is necessary to protect the public.

Accusations

An Accusation is a formal complaint drafted by the Attorney General’s office. It alleges various causes of action against you which may stem from conviction of a crime, and/or allegations of other bad acts like substance abuse, or deviation from the standard of care. You have only 15 days to send a Notice of Defense once you have been served with an Accusation. If you miss the deadline a default order may be rendered against you resulting in the revocation of your license.

It is imperative that you hire experienced counsel to represent you if an Accusation has been filed against you. Time is of the essence, and your career and livelihood is at stake.

Potential Penalties That the BBC May Impose

The board may impose the following sanctions if it finds that the licensee violated the regulations:

• Suspension of license
• Placing the provider on probation
• Ordering remedial training
• Issuing an administrative fine

If the licensee has received an immediate suspension, they are allowed to seek an immediate hearing within 30 days to appeal the punishment. In many cases, the board will act first and ask questions later. It is essential that you have an attorney to represent you, especially when you have been judged before you can give your side of the story.

You have a legal right to be heard, even if it happens after you have already been punished. If you can show that the facts do not support your punishment, it may be overturned. If the disciplinary review board upholds the suspension, you have the right to appeal to an administrative law judge.

The disciplinary cases are far too important for you to take any chances. You should work with an experienced professional license defense attorney to address allegations that have been made against you.

Petition for Reinstatement of License or Reduction of Penalties

If you have lost your license you are not locked out of the career of your choice. After a certain amount of time you are eligible to ask the Board to grant your license again. In addition, you can generally request that the terms and conditions of probation be modified or terminated early. The legal team at Unlock Legal has filed petitions for reinstatement for many clients who made one mistake, and who have paid the price. We love to demonstrate mitigating circumstances and rehabilitation to the Board to get our Board of Barbering and Cosmetology licensees back in the office as soon as possible!

Contact a Barbering and Cosmetology License Defense Today

Unlock legal work to vigorously defend professionals who have been accused of misconduct when their license and livelihood are at stake. To learn more about our services, send us a message online or call us today at (949) 988-4444.