§ 402-13. Grounds for suspension, denial, revocation or refusal to renew permit.  


Latest version.
  • 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 nob 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 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 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 § 402-15.
    C. 
    Applicants denied a permit may reapply at any time after denial.
    D. 
    The Board may summarily suspend a permit pending a final hearing on the merits on the question of revocation if, based on the evidence before it, the Board determines that an establishment and/or a practitioner is an immediate and serious threat to the public health, safety or welfare. The suspension of a permit shall take effect immediately upon written notice of such suspension by the Board.