A.
The Board may suspend a permit, deny a permit, revoke a permit or
refuse to renew a permit on the following grounds, each of which,
in and of itself, shall constitute full and adequate grounds for suspension,
denial, revocation or refusal to renew:
(1)
Any actions which would indicate that the health or safety of the
public would be at risk;
(2)
Fraud, deceit or misrepresentation in obtaining a permit, or its
renewal;
(3)
Criminal conduct which the Board determines to be of such a nature
as to render the establishment, practitioner or applicant unfit to
practice body art as evidenced by criminal proceedings resulting in
a conviction, guilty plea, or plea of nolo contendere or an admission
of sufficient facts;
(4)
Any present or past violation of the Board's regulations governing
the practice of body art;
(5)
Practicing body art while the ability to practice is impaired by
alcohol, drugs, physical disability or mental instability;
(6)
Being habitually drunk or being dependent on, or a habitual user
of, narcotics, barbiturates, amphetamines, hallucinogens, or other
drugs having similar effects;
(7)
Knowingly permitting, aiding or abetting an unauthorized person to
perform activities requiring a permit;
(8)
Continuing to practice while his/her permit is lapsed, suspended,
or revoked;
(9)
Having been disciplined in another jurisdiction in any way by the
proper permitting authority for reasons substantially the same as
those set forth in the Board's regulations; and
(10)
Other just and sufficient cause which the Board may determine
would render the establishment, practitioner or applicant unfit to
practice body art.
B.
The Board shall notify an applicant, establishment or practitioner in writing of any violation of the Board's regulations for which the Board intends to suspend, deny, revoke, or refuse to renew a permit. The applicant, establishment or practitioner shall have seven days after receipt of such written notice in which to comply with the Board's regulations. The Board may suspend, deny, revoke or refuse to renew a permit if the applicant, establishment or practitioner fails to comply after said seven days subject to the procedure outlined in Subsection D.
C.
Applicants denied a permit may reapply at any time after denial.
D.
Procedure for hearings.
(1)
The owner of the establishment or practitioner shall be given written
notice of the Board's intent to hold a hearing for the purpose
of suspension, revocation, denial or refusal to renew a permit. This
written notice shall be served through a certified letter sent return
receipt requested or by constable. The notice shall include the date,
time and place of the hearing and the owner of the establishment or
practitioner's right to be heard. The Board shall hold the hearing
no later than 21 days from the date the written notice is received.
