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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER VMINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS
RULE §229.412Enforcement, Administrative Penalties, Refusal, Revocation, or Suspension of License, and Emergency Orders

(a) Basis. The department may, after providing notice and opportunity for hearing, refuse to license a studio or temporary location, or may revoke or suspend the license for violations of the requirements in these sections or for any reasons described in the Tattoo and Certain Body Piercing Studio Act, or in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431.

(b) Hearing. All hearings for the refusal, revocation or suspension of a license are governed by §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures).

(c) Enforcement and penalties.

  (1) Administrative penalty. The department may, after providing notice and opportunity for hearing, assess an administrative penalty as provided in §146.019 of the Tattoo and Certain Body Piercing Studio Act, the Health and Safety Code, Chapter 431, and §229.261 of this title (relating to Assessment of Administrative), for violations of these sections. All hearings for the assessment of an administrative penalty are governed by the State Office of Administrative Hearings.

  (2) Civil penalty; Injunction. If it appears that a person has violated or is violating Health and Safety Code, Chapter 146, or an order issued or a rule adopted under Health and Safety Code, Chapter 146, the commissioner may request the attorney general or the district attorney, county attorney, or municipal attorney in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for:

    (A) an order enjoining the violation;

    (B) a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy, if the department shows that the person has engaged in or is engaging in a violation;

    (C) the assessment and recovery of a civil penalty; or

    (D) both injunctive relief and a civil penalty.

  (3) Criminal penalty. A person commits an offense if the person violates the Act or rules adopted under the Act. An offense under the Act or rules is a Class A misdemeanor except as indicated in §229.406(l) of this title (relating to Client Qualifications, Disclosure, and Records).

  (4) Re-issuance of a license. If a license issued under these sections has been revoked or denied for violation of these rules, the license holder named in the revocation or denial is not eligible for licensing under these sections for a period of two years.

  (5) Revocation or Suspension of License.

    (A) License holder includes sole proprietors, each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock.

    (B) The department may suspend for not more than 60 days or revoke an original or renewal tattoo studio or body piercing studio license if it is found, after notice and hearing, that any of the following is true:

      (i) the license holder has been convicted of violating this chapter or a rule adopted under this chapter;

      (ii) the license holder violated a provision of this chapter or a rule adopted or order issued under this chapter;

      (iii) the license holder made a false or misleading statement in connection with the original or renewal application, either in the formal application itself or in any other written instrument relating to the application submitted to the department;

      (iv) the license holder is indebted to the state for fees or payment of penalties imposed by this chapter or by a rule of the department adopted under this chapter;

      (v) the license holder knowingly misrepresented to a customer or the public any tattoo or body piercing jewelry sold by the license holder; or

      (vi) the license holder was intoxicated on the licensed premises.

    (C) The department may refuse to renew or, after notice and hearing, suspend for not more than 60 days or revoke a tattoo studio or body piercing studio license if the department finds that the license holder is shown on the records of the comptroller as being subject to a final determination of taxes due and payable under Chapter 151, Tax Code, or is shown on the records of the comptroller as being subject to a final determination of taxes due and payable under Chapter 321, Tax Code.

    (D) If a license holder cannot be located for any notice required under this section, the department shall provide notice by posting a copy of the order on the front door of the licensed premises.

  (6) Refusal of License. The department may refuse to issue an original or renewal tattoo studio or body piercing studio license if it has reasonable grounds to believe and finds that any of the following circumstances exist:

    (A) the applicant has been convicted of a violation of this chapter during the two years immediately preceding the filing of the application;

    (B) three years have not elapsed since the termination, by pardon or otherwise, of a sentence imposed on the applicant for a conviction associated with tattooing or body piercing;

    (C) the applicant violated or caused to be violated a provision of this chapter or a rule of the department adopted under this chapter involving moral turpitude during the six months immediately preceding the filing of the application;

    (D) the applicant failed to answer or falsely or incorrectly answered a question in an original or renewal application;

    (E) the applicant is indebted to the state for a fee or penalty imposed by this chapter or by rule of the department adopted under this chapter;

    (F) the applicant is a minor; or

    (G) the applicant does not provide an adequate building available at the address for which the license is sought before conducting any activity authorized by the license.

  (7) The department may refuse to issue or renew, for a period of one year from the date of application for the initial or renewal license, a tattoo studio or body piercing studio license for a premises where a shooting, stabbing, or other violent act or an offense involving drugs occurred that involved a license applicant, license holder, or registrant under this chapter or a patron or employee of the studio.

(d) Emergency Orders. The commissioner may, with or without notice or hearing, issue an emergency order relating to regulation under this chapter of a tattooist or body piercer, or to the operation of a tattoo studio or body piercing studio, if the commissioner finds that:

  (1) the operation of the tattoo studio or body piercing studio or the performance of tattooing or body piercing by the tattooist or body piercer presents an immediate and serious threat to human health; or

  (2) a shooting, stabbing, or other violent act or an offense involving drugs:

    (A) occurred at the tattoo studio or body piercing studio; or

    (B) involved the tattooist or body piercer; or

  (3) other procedures available to the department to remedy or prevent the threat will result in an unreasonable delay.

(e) If the commissioner issues an emergency order under this section without a hearing, the department shall set a hearing under Chapter 2001, Government Code, to affirm, modify, or set aside the emergency order.

(f) If the license or registration holder cannot be located for a notice required under this section, the department shall provide notice by posting a copy of the order on the front door of the premises of the license holder or the premises where the registration holder is employed.


Source Note: The provisions of this §229.412 adopted to be effective April 23, 2000, 25 TexReg 3272; amended to be effective January 1, 2005, 29 TexReg 11982

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