Iowa Code 136D.8 – Inspections — violations — prohibited acts — injunctions
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1. The director or an authorized agent shall have access at all reasonable times to any tanning facility to inspect the facility to determine if this chapter is being violated.
Terms Used In Iowa Code 136D.8
- Director: means the director of the department of inspections, appeals, and licensing, or the director's designee. See Iowa Code 136D.2
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means a natural person. See Iowa Code 154A.1
- Tanning device: means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, such as tanning booths or tanning beds. See Iowa Code 136D.2
- Tanning facility: means a location, place, area, structure, or business, or a part thereof, which provides access to a tanning device for compensation. See Iowa Code 136D.2
- 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.
2. A tanning facility shall not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk.
3. a. If the director finds that a person has violated, or is violating or threatening to violate this chapter and that the violation creates an immediate threat to the health and safety of the public, the director may petition the district court for a temporary restraining order to restrain the violation or threat of violation.
b. If a person has violated, or is violating or threatening to violate this chapter, the director may petition the district court for an injunction to prohibit the person from continuing the violation or threat of violation.
c. On application for injunctive relief and a finding that a person is violating or threatening to violate this chapter, the district court shall grant any injunctive relief warranted by the facts.