§321-379  Enforcement; penalties.  (a) If the department determines that any person has violated or is violating anyprovision of this part, any rule adopted pursuant to this part, or any term orcondition of a permit or license issued pursuant to this part, the departmentmay 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 peroffense.

(b)  Violations of this part include but arenot limited to:

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

(2)  Using the title licensed tattoo artist or anyother designation tending to imply that the person is a licensed tattoo artistwhen the person is not in fact licensed or the person's license has beensuspended or revoked;

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

(4)  Engaging in conduct resulting in physical injuryto an individual or the public in the course of professional services oractivities;

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

(6)  Tattooing any person under the age of eighteenwithout the written consent of the person's parent or legal guardian or notmaintaining the consent forms in a confidential manner at the tattoo shop fornot less than two years; or

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

(c)  An enforcement action under this sectionmay be combined with a permit or license revocation or suspension under section321-377 and may be brought together as one administrative action.

(d)  In any proceeding under this section, theperson subject to the proceeding shall be given notice and the opportunity fora hearing in conformity with chapter 91. [L 1990, c 285, pt of §2; am L2009, c 130, §7]