65-1929. Tanning facility license required; remedies. - Kansas Statutes

65-1929

Chapter 65.--PUBLIC HEALTH Article 19.--LICENSURE OF ENTITIES BY STATE BOARD OF COSMETOLOGY

      65-1929.   Tanning facility license required;remedies.(a) If the board determines that an individual or entity hasoperated a tanning facility without a valid license, in addition to any otherpenalties imposed by law, the board, in accordance with the Kansasadministrative procedure act, may issue a cease and desist order against suchindividual or entity or may assess such individual or entity a fine of not toexceed $1,500 or may issue such order and assess such fine. In determining theamount of fine to be assessed, the board may consider the following factors:(1) Willfulness of the violation, (2) repetitions of the violation, and (3)risk of harm to the public caused by the violation.

      (b)   The board may bring an action in its own name in a court of competentjurisdiction to enjoin any person from operating a tanning facility without acurrently valid license. In any civil action brought under this section, itshall be presumed that irreparable damage will occur where the board allegesand proves a person committed a violation of such licensing laws. In additionto issuing an order for injunctive relief, the court may also assess a fine ofnot to exceed $1,500 against such person.

      History:   L. 2002, ch. 187, § 14; July 1.