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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 310. Oklahoma State Department of Health |
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Chapter 233. Body Piercing and Tattooing |
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Subchapter 11. Enforcement |
SECTION 310:233-11-2. Investigation, filing of actions and hearing procedures
Latest version.
- (a) If the Department determines that a possible violation of the Body Piercing or Tattoo statutes or Rules has occurred, the Department may commence an investigation of the complaint.(b) A body piercing or tattooing establishment and body piercing or tattoo artist, or applicant for licensure, in connection with a license application or an investigation conducted by the Department pursuant to OAC 310:233-11-2(a), shall not:(1) Knowingly make a false statement of material fact; or(2) Fail to disclose a fact necessary to correct a misapprehension known by the establishment, artist or applicants for licensure to have arisen in the application or the matter under investigation; or(3) Fail to comply with a demand for information made by the Department or any designated representative thereof, unless a request for a protective order has been first made pursuant to the provisions of OAC 310:2, in which case the establishment, artist or applicant may await the decision concerning the issuance or denial of a protective order before making any response.(c) The Department may begin a disciplinary action against an establishment or artist who is not exempt from licensure by following the procedures in OAC 310:2. The Department shall specifically state the violation(s) and shall request the appropriate remedy. Remedies include revocation of a license, suspension of a license, and administrative penalty.(d) If in the course of an investigation the Department determines that a licensee or applicant for licensure has engaged in conduct of a nature that is detrimental to the health, safety, or welfare of the public, and which conduct necessitates immediate action to prevent further harm, the Commissioner may order a summary suspension of the establishment or artist's license or authorization for sponsoring an apprentice.(e) Hearings shall be conducted by the Commissioner of Health or his designee as specified in OAC 310:2. The Department shall recommend the most appropriate penalty at the conclusion of the evidence.(f) The Department, either by order of the Commissioner or an Administrative Law Judge, shall issue a final order on all disciplinary matters. Final orders are appealable under the Administrative Procedures Act to the district courts.(g) Any person found to be practicing body piercing or tattooing without being either properly licensed, approved for supervisor status, exempt or under the approved supervision of an apprentice sponsor as part of the licensure process shall be ordered to cease practicing or supervising and may be subject to an administrative penalty. The Department may seek the assistance of the courts if the actions continue.(h) The Department may assess an administrative penalty against an individual or licensee if the order includes a finding that the individual or licensee:(1) Violated any provision of the Body Piercing and Tattooing statutes, including practicing body piercing or tattooing without licensure, exemption or under the approved supervision of an approved sponsor; or(2) Violated any rule within this Chapter; or(3) Violated any order issued pursuant to this Chapter.(i) The total amount of the administrative penalty assessed shall not exceed ten-thousand dollars ($10,000.00) for any related series of violations.