Sec. 1603.104. PERIODIC AND RISK-BASED INSPECTIONS. (a) The department may enter and inspect at any time during business hours:
(1) the place of business of any person regulated under this chapter, Chapter 1601, or Chapter 1602; or
(2) any place in which the department has reasonable cause to believe that a certificate, license, or permit holder is practicing in violation of this chapter, Chapter 1601, or Chapter 1602 or in violation of a rule or order of the commission or executive director.
(b) At least once every two years, the department shall inspect each shop or other facility that holds a license, certificate, or permit in which the practice of barbering or cosmetology is performed under this chapter, Chapter 1601, or Chapter 1602, and at least twice per year, the department shall inspect each school in which barbering or cosmetology is taught under this chapter, Chapter 1601, or Chapter 1602.
(c) The department shall conduct additional inspections based on a schedule of risk-based inspections using the following criteria:
(1) the type and nature of the school, shop, or other facility;
(2) whether there has been a prior sanitation violation at the school, shop, or facility;
(3) the inspection history of the school, shop, or other facility;
(4) any history of complaints involving the school, shop, or other facility; and
(5) any other factor determined by the commission by rule.
(d) An inspector who discovers a violation of this chapter, Chapter 1601, or Chapter 1602 or of a rule or order of the commission or executive director shall:
(1) provide written notice of the violation to the license, certificate, or permit holder on a form prescribed by the department; and
(2) file a complaint with the executive director.
(e) The department may charge the school, shop, or other facility a fee for each inspection performed under Subsection (c). The commission shall by rule set the amount of the fee.
Added by Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1049 (H.B. 2106), Sec. 16, eff. June 15, 2007.
Section: Previous 1603.001 1603.002 1603.051 1603.101 1603.102 1603.103 1603.104 1603.1045 1603.105 1603.151 1603.152 1603.154 1603.201 1603.202 1603.203 NextLast modified: September 28, 2016