§321-379  Enforcement; penalties.  (a) 
If the department determines that any person has violated or is violating any
provision of this part, any rule adopted pursuant to this part, or any term or
condition of a permit or license issued pursuant to this part, the department
may take enforcement action and impose penalties as provided in section 321-20,
except that the department may impose a penalty not to exceed $10,000 per
offense.



(b)  Violations of this part include but are
not limited to:



(1)  Submitting to or filing with the department any
application, notice, statement, or other document in procuring or attempting to
procure licensure as a tattoo artist that is false or untrue or contains any
material misstatement of fact, or assisting another party in doing so;



(2)  Using the title licensed tattoo artist or any
other designation tending to imply that the person is a licensed tattoo artist
when the person is not in fact licensed or the person's license has been
suspended or revoked;



(3)  Violating the conditions or limitations of a
permit or a license or assisting another party in violating those conditions;



(4)  Engaging in conduct resulting in physical injury
to an individual or the public in the course of professional services or
activities;



(5)  Aiding or abetting an unlicensed person,
knowingly combining or conspiring with an unlicensed person, allowing one's
license to be used by an unlicensed person, or acting as agent or associate of
an unlicensed person to evade the use of title restrictions of this part;



(6)  Tattooing any person under the age of eighteen
without the written consent of the person's parent or legal guardian or not
maintaining the consent forms in a confidential manner at the tattoo shop for
not less than two years; or



(7)  Making a false or misleading statement to the
department relating to any matter under this part.



(c)  An enforcement action under this section
may be combined with a permit or license revocation or suspension under section
321-377 and may be brought together as one administrative action.



(d)  In any proceeding under this section, the
person subject to the proceeding shall be given notice and the opportunity for
a hearing in conformity with chapter 91. [L 1990, c 285, pt of §2; am L
2009, c 130, §7]