Kansas Statutes 65-1925. Rules and regulations; inspections; violations; remedies
Terms Used In Kansas Statutes 65-1925
- Authorized agent: means an employee of the state board of cosmetology designated by the board to enforce this act. See Kansas Statutes 65-1920
- Board: means the state board of cosmetology. See Kansas Statutes 65-1920
- Secretary: means the secretary of health and environment. See Kansas Statutes 65-1940
- Tanning facility: means any facility, whether independent or part of a salon, health spa or any other facility, which provides access to tanning devices but shall not include private residences if access to tanning devices is provided without charge. See Kansas Statutes 65-1920
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(a) The board may adopt rules and regulations to implement this act. The board, after consultation with the secretary of health and environment, shall adopt rules and regulations relating to the safe functioning of tanning devices. Pursuant to Kan. Stat. Ann. § 65-1,148, and amendments thereto, the secretary of health and environment shall adopt sanitation standards for tanning facilities.
(b) An authorized agent shall have access at all reasonable times to any tanning facility to inspect the facility to determine compliance with this act.
(c) If an authorized agent finds that a person has violated, or is violating or threatening to violate this act and that the violation or threat of violation creates an immediate threat to the health and safety of the public, the authorized agent may petition the district court for a temporary restraining order to restrain the violation or threat of violation.
(d) If a person has violated or is violating or threatening to violate this act or rules and regulations adopted by the board or by the secretary of health and environment, as provided by this section, the board, after a hearing in accordance with the administrative procedure act, may suspend the license of a tanning facility until such time that the tanning facility can demonstrate to the board that it has corrected deficiencies and is in compliance with this act and rules and regulations adopted pursuant to this act.
(e) On application for injunctive relief and a finding that a person is violating or threatening to violate this act or rules and regulations adopted by the board or by the secretary of health and environment, as provided by this section, the district court shall grant any injunctive relief warranted by the facts.