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TDLR enforcement division outlines caseload trends and disciplinary cases in barbering and cosmetology

TDLR Barbering and Cosmetology Advisory Board · January 31, 2022
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Summary

TDLR prosecutors presented enforcement statistics showing barbering and cosmetology cases made up 27.5% of the division’s caseload in FY2022, described common violations and summarized recent agreed orders and revocations.

TDLR’s enforcement team told the newly formed Barbering and Cosmetology Advisory Board that barbering and cosmetology cases comprised a substantial share of the division’s work and highlighted several disciplinary cases.

John Matlock, chief prosecutor, described the enforcement process from intake to investigation, prosecution and possible contested hearings at the State Office of Administrative Hearings. He explained TDLR’s use of intake screening, regional investigators and criminal-conviction guidelines to determine whether a complaint should proceed.

Prosecutor Victoria Mesa presented FY2022 figures and case outcomes: combined, the barbering and cosmetology programs had 769 cases opened for the year and accounted for roughly 27.5% of the division’s caseload. Mesa said nearly 80% of cases in these programs were resolved within six months and that penalties assessed typically exceed amounts collected because TDLR allows payment plans.

Mesa summarized several case examples to illustrate enforcement outcomes: Mac Barbershop (agreed order, $4,500 fine for unlicensed employees); a school-fraud matter resulting in a school-license revocation and $2,250 fine; a default order combining multiple complaints with a $12,000 penalty for unlicensed practice that had been referred to the attorney general for collection; and criminal-history revocations where statute or ALJ findings required revocation.

The presenters emphasized that barbering criminal-history guidelines are generally stricter than cosmetology’s—particularly for drug offenses—and that cosmetology disciplinary cases tend to be consumer-driven sanitation complaints. Enforcement staff said they will seek advisory-board input on merging the separate criminal-conviction guidelines into a unified policy under the consolidated program.