CHAPTER 299

FORMERLY

HOUSE BILL NO. 442

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF COSMETOLOGY AND BARBERING, AND COMPLAINTS REGARDING NAIL SALONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 5112(a), Title 24 of the Delaware Code by deleting the second sentence of the paragraph and replacing as follows: "Investigators of the Department of Professional Regulation may enter any nail salon, beauty shop or barber shop in furtherance of their investigation. Upon a determination that an individual practicing cosmetology, barbering, electrology or nail technology without a license, the investigator shall request that a Justice of the Peace Court issue a summons for a violation of Section 5116(c) or (d), as applicable of this Title. The investigator or the Attorney General or their designee, or any other person authorized by law shall prosecute the matter. A copy of the investigator's report, including the summons and complaint, shall be sent to the Board. A condition of bond shall be that the accused shall not practice the regulated conduct without first obtaining a license from the Division, and any violations of bond shall be treated as criminal contempt, pursuant to Title 11 of the Delaware Code §1271(3)."

Section 2. Amend Section 5116 of Title 24 of the Delaware Code by deleting subparagraph (a) and relettering the remaining paragraph as (a), (b) and (c).

Approved June 17, 1998