A. Permits issued under the provisions of these regulations may be suspended temporarily by the department for failure of the holder to comply with the requirements of these regulations.

B. Whenever a permit holder or operator has failed to comply with any notice of violation or order issued under the provisions of these regulations, the operator must be notified in writing that the permit is, upon service of this notice, immediately suspended. The notice must also contain a statement informing the permit holder or operator that an opportunity for a hearing will be provided if a written request for a hearing is filed with the department within five days of the date of notice.

C. Any person whose permit has been suspended may, at any time, make application for reinstatement of the permit. Within 10 days of receipt of a written request, including a statement signed by the applicant that in his or her opinion the conditions causing the suspension have been corrected and submission of the appropriate reinspection fees, the department shall reinspect the body art establishment or evaluate documentation provided by an operator. If the applicant is in compliance with the provisions of these regulations, the permit will be reinstated. Permits that have been temporarily suspended by the department under these regulations shall be subject to a reinstatement fee.

D. For repeated or serious violations of any of the requirements of these regulations (such as any code infraction that threatens the health of the client or operator) or for interference with department personnel in the performance of their duties, a permit may be permanently revoked after a hearing. Before taking such action, the department shall notify the permit holder or operator in writing, stating the reasons for which the permit is subject to revocation, and advising the permit holder or operator of the requirements for filing a request for a hearing. A permit may be suspended for cause, pending its revocation or hearing relative thereto.

E. The department may permanently revoke a permit after five days following service of the notice unless a request for a hearing is filed within the five-day period with the department by the permit holder.

F. The hearings provided for in this section must be conducted by a hearing officer appointed by the department. On the basis of the record of the hearing, the hearing officer shall make a finding and may sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision must be furnished to the permit holder or operator by the department. [Code 2006 § 9-5-16. Ord. 2003-01, 1-14-2003].