(1)(a) Whenever the department has reasonable
cause to believe a violation of this part 10 or any rule made pursuant to this part 10
has occurred and immediate enforcement is deemed necessary, the department
may issue a cease-and-desist order, which may require any person to cease
violating any provision of this part 10 or any rule made pursuant to this part 10. Such
cease-and-desist order shall set forth the provisions alleged to have been violated,
the facts alleged to have constituted the violation, and the requirement that all
actions be ceased forthwith.
(b)In the event that any person fails to comply with a cease-and-desist order
within twenty-four hours, the department may apply to the district court of the
district within which the tanning device is located for a tempor
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(1) (a) Whenever the department has reasonable
cause to believe a violation of this part 10 or any rule made pursuant to this part 10
has occurred and immediate enforcement is deemed necessary, the department
may issue a cease-and-desist order, which may require any person to cease
violating any provision of this part 10 or any rule made pursuant to this part 10. Such
cease-and-desist order shall set forth the provisions alleged to have been violated,
the facts alleged to have constituted the violation, and the requirement that all
actions be ceased forthwith.
(b) In the event that any person fails to comply with a cease-and-desist order
within twenty-four hours, the department may apply to the district court of the
district within which the tanning device is located for a temporary or permanent
injunction restraining any person from violating any provision of this part 10
regardless of whether there is an adequate remedy at law.
(c) No stay of a cease-and-desist order shall be issued before a hearing
thereon involving both parties.
(2) Whenever it appears to the department, upon evidence satisfactory to the
department, that any person has engaged in or is about to engage in any act or
practice constituting a violation of any provision of this part 10 or of any rule or of
any order promulgated under this part 10, the department may apply to the district
court of the district within which the tanning device is located to temporarily or
permanently restrain or enjoin the act or practice in question and to enforce
compliance with this part 10 or any rule or order promulgated under this part 10. In
any such action, the department shall not be required to plead or prove irreparable
injury or the inadequacy of the remedy at law. Under no circumstances shall the
court require the department to post a bond.
(3) It is a violation of this part 10 for:
(a) Any person to knowingly operate a tanning facility without having
registered said facility with the department in accordance with the provisions of
this part 10;
(b) Any person to offer for use to the public any artificial tanning device
which is not registered with the department as required by the provisions of this
part 10;
(c) Any person to violate any provision of this part 10 or any provision of any
standards, rules, or regulations adopted by the board;
(d) Any person to refuse to permit entry for the purpose of inspection of a
tanning facility during normal business hours.