(A) A "Board" licensee who does not practice cosmetology services according to acceptable and prevailing standards of safe cosmetology care, as set forth in this chapter, may be subject to discipline by the "Board" as established in section 4713.64 of the Revised Code per Chapter 119. of the Revised Code and with paragraph (B) of this rule.
(B) The "Board" may consider mitigating circumstances when making a decision regarding charges, disciplinary action, or referral to a non-disciplinary program.
(1) Whether the act is willful, intentional, irresponsible, or unintentional;
(2) The frequency of the occurrence of the act at issue;
(3) Whether the act represents a pattern of commissions or omissions;
(4) The outcome of a licensee's actions; or
(5) The level of harm or potential harm to a client.
(C) The "Board" grants the authority to the executive director to oversee the inspection process and to initiate disciplinary proceedings pursuant to paragraph (A) of this rule and to issue notices of violation in accordance with Chapter 119. of the Revised Code. Following the Chapter 119. administrative process, and in accordance with Chapter 119. of the Revised Code, the "Board" will determine whether a "Board" licensee has committed a violation of Chapter 4713. of the Revised Code or the administrative rules promulgated under that chapter, and whether it will impose a sanction when violations have been determined by the "Board" to have been committed.