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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116716
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in Seaside, Oregon. I have been sent from the Health

Customer Question

I live in Seaside, Oregon.
I have been sent from the Health Licensing Office Board of Cosemtoloogy, a fine in the amount of $1200, for performing nail technology without a license.
I put polich on a couple of friends in March, and someone turned me in.
What can I do? Shouldn't there be a warning first? I didn't know it was illegal to do a friends hair, nails,or make-up.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately the Oregon law requires licensing for performing such services UNLESS one of the below apply:
See Oregon Revised Statute 690.025.
ORS 690.005 to 690.225 do not apply to:
(1) Persons who perform service without compensation in case of emergency or in domestic administration.
(2) Persons licensed by a health professional regulatory board listed in ORS 676.160 who are acting within the scope of their professional license.
(3) Persons identified by the Oregon Health Licensing Agency or Board of Cosmetology by rule who are acting under the authority of a hospital or long term care facility licensed under ORS 441.025 or a residential facility licensed under ORS 443.415.
(4) Persons engaged in rendering emergency medical assistance as defined in ORS 30.800.
(5) Persons licensed by the State Board of Pharmacy, merchants or other individuals when demonstrating apparatus or supplies for purposes of sale.
(6) Commissioned medical and surgical officers and personnel of the United States Armed Services while operating on a military base and personnel of correctional institutions while operating on the premises of a correctional facility.
(7) Persons applying temporary makeup, combing hair or applying hair spray for the sole purpose of preparing an individual for a professional photograph or theatrical performance.
(8) A student while engaged in training at the direction of and under the direct supervision of the faculty of a school licensed under ORS 345.010 to 345.450 to teach a field of practice. For purposes of this subsection, “field of practice” does not include natural hair care.
(9) The agency may exempt practitioners providing services at charitable or fund raising events. In establishing an exemption, the agency shall consider and evaluate each written request on an individual basis."
It seems unfair that a person according to Oregon law could end up in trouble for doing a friend's hair or nails without a license, but the law is fairly clear that it does not make exception for that.
You should file for a hearing and still argue that this was done without compensation for a friend and it was not done on a regular basis and as such you should not be fined. In most of these situations, especially if you received no compensation, they will dismiss the case with a warning (they legally do not have to give a warning first), but the law does allow them to pursue these cases (as ridiculous as it sounds).