§ 40:2708 — Denial, suspension, or revocation of a certificate

A. The department may deny, suspend, or revoke a certificate of registration applied for or issued pursuant to this Chapter:
(1) For any material false statement in the application for registration or in any statement of fact required by provisions of this Chapter.
(2) Because of conditions revealed by the application or any report, record, inspection, or other means which would warrant the department to refuse to grant a certificate of registration on an original application.
(3) For operation of the tanning facility in a manner that causes or threatens to cause hazard to the public health or safety.
(4) For failure to allow authorized representatives of the department to enter the tanning facility during normal business hours for the purpose of determining compliance with the provisions of this Chapter, conditions of the certificate of registration, or an order of the department.
(5) For violation of or failure to observe any of the terms and conditions of the certificate of registration, the provisions of this Chapter, or an order of the department.
B. Except in cases of willful disregard for the public health and safety, prior to the institution of proceedings for suspension or revocation of a certificate of registration, the agency shall:
(1) Call to the attention of the registrant, in writing, the facts or conduct which may warrant such actions.
(2) Provide reasonable opportunity for the registrant to demonstrate or achieve compliance with all lawful requirements.
C. The department may deny a certificate of registration or suspend or revoke a certificate of registration after issuance only in accordance with the Administrative Procedure Act.
D. The department may terminate a certificate of registration upon receipt of a written request for termination from the registrant.

Legislative History

Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1.