19. Citations 19.1 Public health governance structures vary by state. All states exercise a formal legislative grant of authority to conduct public health activities. Depending on the state’s structure, local health agency authority can flow through the state or exist as an independent grant of authority (Association of State and Territorial Health Officials, 2007). Depending on the jurisdiction, the DEPARTMENT has the authority to set and enforce standards to protect public health. In accordance with local grants of authority, the DEPARTMENT can propose penalties on BODY ART ESTABLISHMENTS, BODY ARTISTS, and OPERATORS in accordance with an assessment of the violation’s risk exposure. 19.2 After the suspension or revocation period has ended and/or required corrective actions have been taken, the licensee must pay all fines and reinstatement fees for the LICENSE suspension or revocation to be lifted. 19.3 The 12-month period refers to the LICENSE period for BODY ARTIST LICENSES and fixed BODY ART ESTABLISHMENT LICENSES, both of which are issued and expire annually. This fee structure was developed from industry standards to help the DEPARTMENT protect public health without placing an undue burden on any parties involved. An escalating structure for repeat violations provides the DEPARTMENT with the ability to ensure that public health and safety hazards are addressed. In cases where violations are not addressed and LICENSES are suspended per Section 19.3.4 of this Code, the LICENSE holder can apply for reinstatement, and protocol dictated by the jurisdiction’s administrative procedure act must be followed. 19.4 An established limit on the length of time that a citation can go unaddressed allows the DEPARTMENT to protect public health by limiting the time a potential public health hazard can remain unrectified. 19.5 This fee structure was developed from industry standards to help the DEPARTMENT protect public health without placing an undue burden on any parties involved. When a BODY ARTIST LICENSE is placed on revoked status, the individual is considered to be operating without a LICENSE, per Section 18.4 of this Code. Additionally, if a BODY ARTIST operates in an ESTABLISHMENT that has a suspended LICENSE, the DEPARTMENT can issue citations. 20. Department Personnel Competency Requirements 20.1 DEPARTMENT personnel performing environmental health/sanitary evaluations or complaint investigations of BODY ART ESTABLISHMENTS play a vital role in identifying and controlling environmental hazards (Public Health Degrees, 2021). The DEPARTMENT shall ensure authorized representatives who inspect a BODY ART ESTABLISHMENT for compliance with this Code have access to training and continuing education to properly identify violations and communicate effectively with facility personnel to best apply the Code.
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