Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 123.000 - Tanning Facilities
Section 123.011 - Grounds for Denial, Revocation or Refusal to Renew a License
Universal Citation: 105 MA Code of Regs 105.123
Current through Register 1531, September 27, 2024
(A) The Board may deny, revoke or refuse to renew a license sought or issued pursuant to 105 CMR 123.000 for any one of the following reasons:
(1) The licensee has permitted a customer
younger than 18 years old to use a tanning device at the tanning
facility;
(2) The licensee has
permitted a person younger than 18 years old to operate a tanning
device;
(3) The applicant or
licensee has failed to submit the information required under
105 CMR
123.005 which demonstrates that the facility
will be operated and maintained in accordance with the requirements of
105 CMR
123.000;
(4) The applicant or licensee has submitted
incorrect, false or misleading information in the documents required under
105 CMR
123.005;
(5) The applicant or licensee has failed to
operate or maintain the tanning facility in accordance with the specifications
approved by the Board except as such maintenance may involve the replacement of
lamps by "equivalent" lamps which have been defined in
105 CMR
123.008;
(6) The tanning facility is operated in a way
that causes or creates a nuisance or hazard to the public health or
safety;
(7) The applicant or
licensee has violated any condition upon which the license was issued by the
Board;
(8) The applicant or
licensee has failed to allow duly authorized agents of the Board or Department
to conduct inspections of the facility at reasonable hours and in a reasonable
manner;
(9) The applicant or
licensee has failed to pay license fees;
(10) The tanning facility has been found to
be in violation of M.G.L. c. 111, §§ 207 through 214 or
105 CMR
123.000, or any additional requirements adopted by the
Board and has not complied within seven days of written notice of said
violations by the Board.
(11) The
applicant or licensee has failed to pay fines or penalties imposed for
violations of M.G.L. c. 111, §§ 207 through 214 or
105 CMR
123.000 or local rules, regulations, or orders
respecting tanning facilities.
(B) The Board shall notify an applicant or licensee in writing of any violation of 105 CMR 123.000 for which the Board intends to deny, revoke or refuse to renew a license. The applicant or licensee shall have seven days after receipt of such written notice in which to comply with 105 CMR 123.000. The Board may deny, revoke or refuse to renew a license of a tanning facility which fails to comply after said seven days.
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