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In addition to permit suspension or revocation for violations of the SBAA as provided in sections 119320 and 119322 of the Health and Safety Code, permits may be suspended or revoked for violations of this chapter. Except as provided in section 119321 of the Health and Safety Code (for cases of an imminent health hazard), suspensions or revocations shall take effect only after notice and an opportunity for a hearing.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. 10927 (N.S.), effective 1-10-25)
(a) If the Department proposes to suspend or revoke a body art facility permit or registration pursuant to the SBAA or this chapter, or if the Department temporarily closes a body art facility for an imminent health hazard, and a hearing is requested within 15 days of receiving notice as specified in section 119320 of the Health and Safety Code, that hearing shall be scheduled by the Director. The hearing officer shall be a Department employee, at the supervisor level or higher, who was not involved in the decision to propose to modify, suspend or revoke the permit or to temporarily close the facility.
(b) The permit holder may appeal the decision made at the hearing to the Appellate Hearing Board as provided in Chapter 1 of Division 6 of Title 1 of this Code. Filing an appeal shall stay the decision of the Department hearing officer, unless the Department hearing officer determined that an imminent health hazard required closure of the facility.
(c) The Clerk shall endeavor to schedule the appeal hearing on an expedited basis if the body art facility must remain closed until that appeal is heard.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
(a) A permit holder or practitioner and the Department may enter into a written administrative probation agreement to modify a decision by a hearing officer to suspend a permit or registration.
(b) If a permit holder or practitioner fails to comply with the terms of an administrative probation agreement, the Department may reinstate the original permit or registration suspension and enforce any additional violation of the SBAA. The Director shall be the sole judge of whether the permit holder or practitioner failed to comply with the agreement.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
(a) If the Director determines that a body art facility is operating without a permit required by the SBAA the Director may order the person who owns or operates the facility to close immediately. In addition to taking any legal action authorized by law to compel a facility owner or operator to cease operating without a permit, the Director may post a notice of closure at or on a body art facility operating without a permit, advising the public that the facility does not have a permit to perform body art procedures.
(b) The Director may also post a notice of closure on a body art facility:
(1) When the Director orders the facility to close due to an imminent health hazard that the body art facility does not immediately correct.
(2) When the Director suspends or revokes the facility's permit.
(c) No person other than the Director shall remove a notice posted by the Director pursuant to this section.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. 10927 (N.S.), effective 1-10-25)