La. Admin. Code tit. 49 § I-1321

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1321 - Denial, Suspension, or Revocation of a Certificate of Registration-Permit [formerly 49:8.0100]

A. The department may deny, suspend, or revoke a certificate of registration-permit applied for or issued pursuant to these regulations:

1. for any material false statement in the application for certificate of registration-permit 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-permit 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 these regulations, the Tanning Facility Regulation Act, conditions of the certificate of registration-permit, 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;

6. failure to pay a certificate of registration-permit fee or annual renewal fee;

7. the registrant obtained or attempted to obtain a certificate of registration-permit by fraud or deception;

8. the operation of a tanning facility without a valid certificate of registration-permit or the continued operation after a certificate has been revoked or suspended, shall constitute a violation of these regulations. Each day of noncompliance shall constitute a separate violation.

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 registrant-permit, 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 and sufficient opportunity for the registrant to demonstrate or achieve compliance with all lawful requirements.

C. The department may deny a certificate of registration-permit or suspend or revoke a certificate of registration-permit after issuance only in accordance with the Administrative Procedure Act.

D. The department may terminate a certificate of registration-permit upon receipt of a written request for termination from the registrant.

La. Admin. Code tit. 49, § I-1321

Promulgated by the Department of Health and Hospitals, Office of Public Health, Food and Drug Unit, LR 18: 274 (March 1992), amended LR 19:210 (February 1993), Amended by the Department of Health and Hospitals, Office of Public Health, LR 412659 (12/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2701-2719.