District of Columbia Administrative Code

705 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONDEMNATION OR EMBARGO ORDER, REMOVING THE OFFICIAL TAG OR MARKING 705.1 No person shall remove Department posted signs, orders, security seals, security labels, or other appropriate markings except under the direction of the Department as…

706 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONDEMNATION OR EMBARGO ORDER, WARNING OR INFORMAL CONFERENCE NOT REQUIRED 706.1 The Department may issue a condemnation or embargo order to a licensee without prior warning. 706.2 A condemnation or embargo order shall be reviewed by a Depa…

707 ADMINISTRATIVE ENFORCEMENT ACTION ─ SUMMARY SUSPENSION OF FACILITY LICENSE, CONDITIONS WARRANTING ACTION 707.1 The Department may summarily suspend a facility license to operate a barber, cosmetology, or personal grooming facility, when the Department: (a) Is denied access to…

708 ADMINISTRATIVE ENFORCEMENT ACTION ─ CONTENTS OF SUMMARY SUSPENSION NOTICE 708.1 A summary suspension notice shall state: (a) That the license of a barber, cosmetology, or personal grooming facility is suspended and that all operations shall cease immediately; (b) The reasons …

709 ADMINISTRATIVE ENFORCEMENT ACTION ─ SUMMARY SUSPENSION, WARNING OR INFORMAL CONFERENCE NOT REQUIRED 709.1 The Department may summarily suspend a license as specified in § 707 by providing written notice as specified in § 708 of the summary suspension to the licensee, without …

710 ADMINISTRATIVE ENFORCEMENT ACTION ─ SUMMARY SUSPENSION, TIME FRAME FOR REINSPECTION 710.1 After receiving a request by email, certified mail, or fax from the licensee stating that the conditions cited in the summary suspension order no longer exist, the Department shall condu…

711 ADMINISTRATIVE ENFORCEMENT ACTION ─ SUMMARY SUSPENSION, TERM OF SUSPENSION, REINSTATEMENT 711.1 A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and the Department has confirmed, through reinspection, or other …

712 ADMINISTRATIVE ENFORCEMENT ACTION ─ REVOCATION OR SUSPENSION OF LICENSE, OR DENIAL OF APPLICATION, OR RENEWAL OF LICENSE 712.1 Failure to comply with any of the provisions of this Subtitle shall be grounds for the revocation or suspension of any license issued to a barber, co…

800 SERVICE OF PROCESS ─ NOTICE, PROPER METHODS 800.1 A notice issued in accordance with this Subtitle shall be deemed properly served using either one (1) of the following methods: (a) A Department representative, a law enforcement officer, or a person authorized to serve a civi…

801 SERVICE OF PROCESS ─ DEPARTMENT ISSUED NOTICES OF SUMMARY SUSPENSION, NOTICES OF INFRACTION, AND OTHER DIRECTIVES 801.1 Notices of Summary Suspension, Notices of Infraction, and other directives issued by the Department shall be: (a) Served as specified in § 800.1; or (b) Pos…

802 SERVICE OF PROCESS ─ NOTICE, EFFECTIVENESS 802.1 Service is effective at the time of the notice's receipt as specified in § 801.1(a), or if service is made as specified in § 801.1(b) at the time of the notice is posted. SOURCE: Final Rulemaking published at 68 DCR 013026 (Dec…

803 SERVICE OF PROCESS ─ PROOF OF PROPER SERVICE 803.1 Proof of proper service may be made by certificate of service signed by the person making service or by admission of a return receipt, certificate of mailing, or a written acknowledgment signed by the licensee or person opera…

900 NOTICE OF INFRACTIONS 900.1 The Department may impose civil infraction fines and penalties for violations of any provision of this Subtitle pursuant to the Civil Infractions Act. 900.2 A licensee who receives a Notice of Infraction as specified in § 800.1(c), may pay the asse…

901 CIVIL FINES AND PENALTIES 901.1 Civil fines, penalties, or related costs may be imposed against any owner of a barber, cosmetology, or personal grooming facility, or licensee for violation of any provision of this Subtitle. SOURCE: Final Rulemaking published at 68 DCR 013026 …

902 JUDICIAL REVIEW ─ APPEALS 902.1 Any person aggrieved by a final order or decision of the Department may seek judicial review in accordance with § 4902(b) of the Department of Health Functions Clarification Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official …

903 FEES AND SERVICE SCHEDULE 903.1 The following fees apply to all barber, cosmetology, and personal grooming facilities. Services Fees (a) Change in Ownership/ $ 200.00 per ownership / Location/ Name per location / per name (b) License Application Fees (1) Facility License Appl…

904 FEES – NON-REFUNDABLE 904.1 License fees shall not be prorated for licenses issued after the beginning of the license period. 904.2 Inspection, equipment replacement, and plan review fees are non-refundable and shall not be prorated. SOURCE: Final Rulemaking published at 69 D…

999 GENERAL PROVISION AND DEFINITIONS 999.1 The terms and phrases used in this title shall have the meanings set forth in this Chapter, unless the text or context of a particular chapter, section, subsection, or paragraph provides otherwise. 999.2 DEFINITIONS Aesthetician – a per…

100 TITLE ─ TANNING FACILITY REGULATIONS 100.1 These provisions shall be known as the Tanning Facility Regulations hereinafter referred to as “these regulations.” SOURCE: Final Rulemaking published at 60 DCR 3582 (March 15, 2013). AUTHORITY: DC-DCMR Section 4902 of the Department…

101 INTENT ─ SAFETY 101.1 The purpose of these regulations is to protect the public health and safety by preventing and controlling the spread of communicable diseases; protecting the environment by promoting and regulating the safety and sanitary conditions of tanning facilities…

102 COMPLIANCE WITH FEDERAL AND DISTRICT LAWS 102.1 The Department shall use these regulations to promote the safeguarding of public health and ensure tanning facilities are safe and in compliance with Federal and District laws and regulations. The most current versions of the fo…

1000 SERVICE OF NOTICE ─ PROPER METHODS 1000.1 A notice issued in accordance with Section 3102 of Title 16 of the District of Columbia Municipal Regulations and these regulations shall be deemed properly served if it is served by one (1) of the following methods: (a) The notice i…

1001 SERVICE OF NOTICE ─ RESTRICTION OR EXCLUSION, CONDEMNATION, OR SUMMARY SUSPENSION ORDERS 1001.1 An employee restriction or exclusion order, condemnation order, or summary suspension order shall be: (a) Served as specified in Section 1000.1(a); or (b) Clearly posted by the De…

1002 SERVICE OF NOTICE ─ WHEN NOTICE IS EFFECTIVE 1002.1 Service is effective at the time of the notice's receipt as specified in Section 1001.1(a), or if service is made as specified in Section 1001.1(b) at the time of the notice's posting. SOURCE: Final Rulemaking published at …

1003 SERVICE OF NOTICE ─ PROOF OF PROPER SERVICE 1003.1 Proof of proper service may be made by certificate of service signed by the person making service or by admission of a return receipt, certificate of mailing, or a written acknowledgment signed by the licensee or person oper…

1100 CRITERIA FOR SEEKING REMEDIES ─ CONDITIONS WARRANTING REMEDY 1100.1 The Department may seek an administrative or judicial remedy to achieve compliance with the provisions of these regulations if a licensee, person operating a tanning facility, or employee: (a) Fails to have …

1101 ADMINISTRATIVE ─ EXAMINING, SAMPLING, AND TESTING OF EQUIPMENT, FURNITURE, DEVICES, FIXTURES, AND FURNISHINGS 1101.1 The Department may examine, collect samples without cost and test as necessary to determine compliance with these regulations. SOURCE: Final Rulemaking publis…

1102 ADMINISTRATIVE ─ CONDEMNATION ORDER, JUSTIFYING CONDITIONS AND REMOVAL OF EQUIPMENT OR DEVICES 1102.1 A duly authorized agent of the Department may condemn and forbid the sale of, or cause to be removed and destroyed, any equipment, device, fixture, or supplies found in a ta…

1103 ADMINISTRATIVE ─ CONDEMNATION ORDER, CONTENTS 1103.1 The condemnation order shall: (a) State that the equipment, devices, fixtures, or other supplies subject to the order may not be used, sold, moved from the tanning facility, or destroyed without a written release of the or…

1104 ADMINISTRATIVE ─ CONDEMNATION ORDER, OFFICIAL TAGGING OR MARKING OF EQUIPMENT OR DEVICES 1104.1 The Department shall place a tag, label, or other appropriate marking to indicate the condemnation of equipment, devices, fixtures, or other supplies that do not meet the requirem…

1105 ADMINISTRATIVE ─ CONDEMNATION ORDER, EQUIPMENT, DEVICES AND FURNISHING RESTRICTIONS 1105.1 Equipment, devices, fixtures, or other supplies that are subject to a condemnation order may not be used, sold, moved, or otherwise destroyed by any person, except as specified in Sect…

1106 ADMINISTRATIVE ─ CONDEMNATION ORDER, REMOVING THE OFFICIAL TAG OR MARKING 1106.1 No person shall remove the tag, label, or other appropriate marking except under the direction of the Department as specified in Section 1106.2. 1106.2 The Department shall issue a notice of rel…

1107 ADMINISTRATIVE ─ CONDEMNATION ORDER, WARNING OR HEARING NOT REQUIRED 1107.1 The Department may issue a condemnation order to a licensee, or to a person who owns or controls the equipment, devices, fixtures, or other supplies as specified in Section 1102, without prior warnin…

1108 ADMINISTRATIVE ─ SUMMARY SUSPENSION OF LICENSE, CONDITIONS WARRANTING ACTION 1108.1 The Department may summarily suspend a license to operate a tanning facility if it is denied access to the tanning facility to conduct an inspection, or determines through an inspection, or e…

1109 ADMINISTRATIVE ─ CONTENTS OF SUMMARY SUSPENSION NOTICE 1109.1 A summary suspension notice shall state: (a) That the license of a tanning facility is immediately suspended and that all operations shall immediately cease; (b) The reasons for summary suspension with reference t…

1110 ADMINISTRATIVE ─ SUMMARY SUSPENSION, WARNING OR HEARING NOT REQUIRED 1110.1 The Department may summarily suspend a license as specified in Section 1108 by providing written notice as specified in Section 1109 of the summary suspension to the licensee, without prior warning, …

1111 ADMINISTRATIVE ─ SUMMARY SUSPENSION, TIME FRAME FOR REINSPECTION 1111.1 After receiving a written request from the licensee stating that the conditions cited in the summary suspension order no longer exist, the Department shall conduct a reinspection of the tanning facility …

1112 ADMINISTRATIVE ─ SUMMARY SUSPENSION, TERM OF SUSPENSION, REINSTATEMENT 1112.1 A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and the Department has confirmed, through reinspection or other appropriate means …

1113 ADMINISTRATIVE ─ REVOCATION OR SUSPENSION OF LICENSE 1113.1 Failure to comply with any of the provisions of these regulations shall be grounds for the revocation or suspension of any license issued to a tanning facility pursuant to the Department of Health Functions Clarific…

1114 ADMINISTRATIVE ─ CIVIL PENALTIES 1114.1 Civil fines, penalties, or related costs may be imposed against any tanning facility licensee for violation of any provision of these regulations. 1114.2 The Department may impose penalties for violations of any provision of these regu…

1115 ADMINISTRATIVE ─ CIVIL PENALTIES, NOTICES OF VIOLATION OR INFRACTIONS 1115.1 The notice of violation shall state the nature of the violation and allow a reasonable time for performance of the necessary corrective action. 1115.2 If a person fails to comply with the time state…

1116 JUDICIAL ─ CRIMINAL PENALTIES, INJUNCTIVE RELIEF, OR IMPRISONMENT 1116.1 Any person who knowingly violates any provision of these regulations shall, upon conviction, be punished by a fine not to exceed two thousand five hundred dollars ($2,500), imprisonment not to exceed on…

1200 PROHIBITED CONDUCT ─ ADVERTISEMENT, POSTING 1200.1 No person shall state or imply that any activity conducted by such person or such person’s facility has been approved by the Department. 1200.2 Except for advertisements that are used on the premises, no person or facility s…

1201 PROHIBITED ACTIVITIES* 1201.1 No tanning facility shall employ, in any capacity, any person who is under eighteen (18) years of age. 1201.2 No alcoholic beverages shall be served in a tanning facility. 1201.3 No person shall enter or remain in any part of a tanning facility …

1300 ADMINISTRATIVE ─ NOTICE, REQUEST FOR HEARING, BASIS, AND TIME FRAME 1300.1 A person who receives a notice of hearing for an administrative remedy as specified in this chapter and elects to respond to the notice shall file a response to the notice within seven (7) calendar da…

1301 ADMINISTRATIVE ─ HEARINGS ADMINISTRATION – CONTENTS OF RESPONSE TO HEARING NOTICE, OR HEARING REQUEST 1301.1 A response to a hearing notice shall be in writing and contain the following: (a) An admission or denial of each allegation of fact; (b) A statement as to whether the…

1302 ADMINISTRATIVE ─ HEARINGS ADMINISTRATION, TIMELINESS 1302.1 The Department shall afford a hearing within seventy-two (72) hours after receiving a written request for a hearing from: (a) A licensee or person who is subject to a condemnation order as specified in Section 1102;…

1400 JUDICIAL REVIEW ─ APPEALS 1400.1 Any person aggrieved by a final order or decision of the Department may seek judicial review in accordance with the Department of Health Functions Clarification Act of 2002, effective October 3, 2001, as amended (D.C. Law 14-28; D.C. Official…

1500 SCHEDULE OF FEES AND SERVICES 1500.1 The following fees are applicable to Tanning Facilities and include plan reviews, inspections, and license applications. Description of Services: Fees: Initial Facility License Application $ 500.00 (2-year licensing period begins October …

200 LICENSEE RESPONSIBILITIES ─ MANAGER AND OPERATOR, CERTIFICATION AND DISTRICT-ISSUED ID REQUIRMENTS, BASIC KNOWLEDGE, ASSIGNMENT, AND POSTING* 200.1 The licensee shall ensure that tanning facility managers and operators are trained as specified in Section 200.4. 200.2 The lice…