Current through Register Vol. 47, No. 6, September 18, 2024
(1) Failure to
abide by Iowa Code section
10A.531 or this chapter may
result in adverse action, including the denial or revocation of a permit, or an
order to cease operations until necessary corrective action has been taken. If
the establishment continues to be operated in violation of the order of the
department, the department may refer the matter to the county attorney or
attorney general for injunction, criminal penalties, or other appropriate
action.
(2) The following are
particular instances that may result in adverse action as set forth in subrule
22.16(1):
a. Any material misstatement in the
application, renewal, or any supplementary statement.
b. Failure to pay fees in accordance with
this chapter.
c. Operation without
a current permit.
d. Falsification
of records, qualifications, or other information related to permitting
approval.
e. Failure to correct any
violation identified during an inspection that jeopardizes public
safety.
f. Knowingly making
misleading, deceptive, untrue or fraudulent representations in the practice of
the profession or engaging in unethical conduct or practice harmful or
detrimental to the public. Proof of actual injury need not be established. Acts
that may constitute unethical conduct include:
(1) Verbally or physically abusing a
patron.
(2) Improper sexual contact
with, sexual harassment of, or improper sexual advances upon a patron. Sexual
harassment includes sexual solicitation, requests for sexual favors, and other
verbal or physical conduct of a sexual nature.
(3) Betrayal of a professional
confidence.
(4) Engaging in a
professional conflict of interest.
g. Failing to cooperate with an investigation
or engaging in conduct attempting to subvert an investigation.
h. Failure to comply with the terms of a
department order or the terms of a settlement agreement or consent
order.
i. Knowingly aiding,
assisting or advising a person to unlawfully practice tattooing.
j. Representing oneself as a tattoo artist
when one's permit has been denied, suspended, revoked, lapsed, or placed on
inactive status.
k. Mental or
physical inability reasonably related to and adversely affecting the tattoo
artist's ability to practice in a safe and competent manner.
l. Habitual intoxication or addiction to
drugs, including habitual or excessive use of drugs or alcohol that impair a
tattoo artist's ability to practice with reasonable skill or safety.
m. Obtaining, possessing, attempting to
obtain or possess, or administering controlled substances without lawful
authority.
n. Violating a statute
of this state or another jurisdiction relating to the provision of tattooing,
including but not limited to crimes involving dishonesty, fraud, theft,
embezzlement, controlled substances, substance abuse, assault, sexual abuse,
sexual misconduct, or homicide. A copy of the record of conviction or plea of
guilty is conclusive evidence of the violation.
o. Having a certification or permit to
practice tattooing suspended or revoked, or other disciplinary action taken by
a licensing, certifying, or permitting authority in any jurisdiction. A copy of
the record or order of suspension, revocation or disciplinary action is
conclusive or prima facie evidence.
p. Failure to comply with standard
precautions for preventing transmission of infectious diseases as issued by the
Centers for Disease Control and Prevention of the United States Department of
Health and Human Services.
q.
Failure to appropriately respond to written communication from the department
sent by registered or certified mail.
(3) Notice of issuance of a denial,
revocation, or order to cease operations will be served by certified mail,
return receipt requested, or by personal service.
(4) An aggrieved party may request a
contested case appeal in writing to the department within 20 days from the date
of the aggrieved party's receipt of the department's order. 481-Chapters 9 and
10 are applicable to contested case appeals.
