(a) Any person who practices, or acts as an apprentice, in barbering, cosmetology, esthetics, or natural hair care, or manicuring, or who operates a barbershop or beauty shop in the Virgin Islands without a valid license or permit or who violates any other provisions of this chapter shall be guilty of a misdemeanor and shall be fined in a sum not to exceed five hundred dollars ($500), to which may be added imprisonment for any determined period not to exceed ninety days. Each violation shall constitute a separate offense.
(b) In addition to taking any action permitted under § 459, the Board may, upon notice and opportunity to be heard, assess a civil penalty of not more than $1,000 for first, second and third violations of this chapter or for any violation of any regulation promulgated by the Board. The Board must remit the proceeds collected for civil penalties to the Virgin Islands Department of Finance, who must deposit the proceeds into the Consumer Protection Fund established under 33 V.I.C. § 3062.
(c) Before imposing, assessing, or fixing the amount of a civil penalty, the Board shall take into consideration the following factors:(1) The nature, gravity, and persistency of the particular violation;(2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment;(3) Whether the violation was willful and malicious; and(4) Any other factors that mitigate or aggravate the violation.
(1) The nature, gravity, and persistency of the particular violation;
(2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment;
(3) Whether the violation was willful and malicious; and
(4) Any other factors that mitigate or aggravate the violation.
(d) The Board may refer a violation to the Attorney General of the Virgin Islands for criminal prosecution as provided under subsection (a).
(e) For any hearing held pursuant to this chapter, the Board may charge costs, including reasonable attorneys’ fees, to a licensee or on any person whom the Board determines has engaged in the practice of barbering, cosmetology, esthetics, nail technology, or natural hair styling without being properly licensed to do so.