Compilation of Rules and Regulations of the State of Georgia
Department 511 - RULES OF GEORGIA DEPARTMENT OF PUBLIC HEALTH
Chapter 511-3 - ENVIRONMENTAL HEALTH HAZARDS
Subject 511-3-8 - BODY ART
Rule 511-3-8-.23 - Compliance and Enforcement

Universal Citation: GA Rules and Regs r 511-3-8-.23

Current through Rules and Regulations filed through September 23, 2024

(1) The administration and enforcement of this Chapter shall be as prescribed in O.C.G.A. Section 31-5-1 et seq. The Health Authority shall have the power and authority to suspend, or revoke body art studio permits for failure to comply with the provisions of this Chapter.

(2) The Health Authority shall have primary responsibility for the enforcement of this Chapter within its jurisdiction.

(3) No person or entity shall operate a Body Art Studio or conduct body art activities without a valid permit or certification issued pursuant to this Chapter.

(4) Suspension or Revocation of Permits. The Health Authority shall have the power and authority to suspend or revoke a permit if the permit owner or its body artists or employees are unwilling or unable to comply with these regulations, the regulations of the local Health Authority, or the provisions of O.C.G.A. Section 31-28-1 et seq.

(a) A permit holder shall be presumed unwilling or unable to comply if it refuses to allow the Health Authority to enter upon and inspect the premises of the Body Art Studio at any reasonable time, or if any critical violation is found to be uncorrected upon two consecutive inspections, or upon continuous violation of this Chapter.

(b) The revocation of a permit may be appealed to the Department of Public Health in accordance with O.C.G.A. Section 31-5-3 by sending written notice, by certified mail or statutory overnight delivery, addressed to the Department of Public Health, Office of General Counsel, with a copy to the Health Authority official that revoked the permit. Within ten days of receiving the notice, the Health Authority shall provide the Department with a copy of its entire file on the inspections and actions that led to the revocation of the permit. The Department shall schedule a hearing within twenty days of receiving the notice and shall decide the matter upon the arguments of the parties and the administrative record.

(5) Conditions Warranting Action. The Health Authority may summarily suspend a permit to operate a Body Art Studio if it determines through inspection, or examination of body artists, employees, records, or other means as specified in this Chapter, that an imminent health hazard exists.

(6) Resumption of Operations. If operations of a Body Art Studio are discontinued due to the existence of an imminent health hazard, voluntary closure, or otherwise according to law, the permit holder shall obtain approval from the Health Authority before resuming operations.

O.C.G.A. §§ 31-5-1et seq.; 31-40-3; 31-40-4.

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