16 Del. Admin. Code § 4451-7.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4451-7.0 - Compliance Procedures7.1 General 7.1.1 The establishment's valid permit shall be conspicuously displayed on the premises of the establishment for public view. Failure to display a valid permit shall be considered a violation of these Regulations.7.1.2 A representative of the Division, upon presentation of proper identification and notice of intent to conduct an inspection, shall be permitted the right of access to an establishment to determine if the establishment is in compliance with these Regulations. The person in charge of the body art establishment shall allow the representative to inspect the establishment and shall provide to the representative information and records specified in these Regulations and to which the Division is entitled.7.1.3 When an inspection reveals that the body art establishment is not in compliance with these Regulations, the permit holder shall take corrective action within the time specified by the Division. The permit holder may additionally be required to provide to the Division a written plan to correct violations of these Regulations, including the method of correction and the anticipated date of completion.7.2 Grounds for Administrative Action 7.2.1 Operating without a permit 7.2.1.1 If a body art establishment is found operating without a valid permit, the Division shall order immediate closure. The closure shall be effective upon receipt of a written notice by the person in charge of the establishment. The establishment shall remain closed until proper application, submission and review of plans or inspection reveal compliance with these Regulations and approval for permit is made.7.2.1.2 A conspicuous, colored placard obtained from the Division shall be prominently displayed at all entrances of a body art establishment which has failed to obtain a valid permit.7.2.2 Imminent Health Hazard 7.2.2.1 Suspension of Permit. If conditions exist in a body art establishment that represent an imminent health hazard, the Division may suspend the operating permit without a hearing upon written notice for a period not to exceed ten (10) days. The suspension shall be effective upon receipt of written notice by the person in charge of the establishment. A suspension statement recorded on the inspection report constitutes a written notice. The person in charge shall yield the permit to the Division.7.2.2.2 Hearing. If the immediate health hazard is not eliminated, the Division shall schedule an administrative hearing within the ten (10) day period of suspension. The purpose of the hearing is to determine if the suspension should be extended, permit revoked or other action taken as necessary.7.2.2.3 Reinstatement of Permit. The permit holder of the body art establishment may request, in writing, to the Division at any time during the suspension, an inspection for the purpose of showing that the imminent health hazard no longer exists. When the imminent health hazard no longer exists, the suspension shall be terminated and the permit returned. If the Division determines that the imminent health hazard has not been corrected and that the hazard still exists, the suspension remains in force pending a hearing, and the Division may recommend that the permit be revoked.7.2.2.4 A conspicuous, colored placard obtained from the Division shall be prominently displayed at all entrances of a body art establishment whose permit stands suspended or revoked.7.2.2.5 If operations are discontinued longer than sixty (60) days, or per order of the Division, the permit holder shall obtain approval from the Division before resuming operations.7.2.3 Serious Violations, Repeat Violations and General Unsanitary Conditions 7.2.3.1 If serious or repeat violations of these Regulations occur, or if general unsanitary conditions exist, the Division may issue and properly serve due notice, by certified mail or by hand delivery, of the intention of the Division to suspend the permit of a body art establishment. The Division shall not suspend a permit of a body art establishment for serious or repeated violations which do not present an imminent health hazard, without having first issued and properly served such notice of intent to suspend. Within thirty (30) days of the date of such notice of intent to suspend, the permit holder may submit to the Division a written request for an administrative hearing. The suspension shall commence upon expiration of the notice of intent, unless within thirty (30) days of the date of such notice, the Division receives from the permit holder a written request for an administrative hearing. If the permit holder makes a timely request for an administrative hearing, the suspension shall be stayed pending the results of the hearing.7.2.3.2 A conspicuous, colored placard obtained from the Division shall be prominently displayed at all entrances of a body art establishment whose permit stands suspended or revoked.7.3 Administrative Hearing Procedures 7.3.1 Upon due notice that the Division intends to suspend the permit of a body art establishment, the permit holder may submit to the Division, within thirty (30) days of the date of such notice of intent, a written request for an administrative hearing.7.3.2 After receipt of the request for administrative hearing, the Division shall schedule the hearing before an impartial hearing officer.7.3.3 When an administrative hearing is scheduled, the permit holder of the establishment shall be informed at least (5) days prior to the hearing of the place, time, and date of the hearing and the specific charges against the establishment. Notification of the hearing shall be by certified mail or by hand delivery.7.3.4 After hearing, the hearing officer shall issue a decision and provide the decision to the Division. Failure of the permit holder to be present for an administrative hearing shall result in automatic suspension of permit and recommendation for revocation.7.3.5 A written report of the hearing decision shall be furnished by the Division to the permit holder of the body art establishment.7.4 Penalty 7.4.1 Any person who neglects or fails to comply with the requirements of these Regulations may be subject to the provisions of 16 Del.C. § 107, and may be subject to loss of their permit, be fined not less than $100 and not more than $1000, together with costs, or both, unless otherwise provided by law.7.4.2 The Division may seek to enjoin violations of these Regulations.16 Del. Admin. Code § 4451-7.0
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