65-1929. Tanning facility license required; remedies.

204 words·~1 min read·/ks/chapter-65/65-1929

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If the board determines that an individual or entity has operated a tanning facility without a valid license, in addition to any other penalties imposed by law, the board, in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual or entity or may assess such individual or entity a fine of not to exceed $1,500 or may issue such order and assess such fine. In determining the amount of fine to be assessed, the board may consider the following factors:

(1)Willfulness of the violation,

(2)repetitions of the violation, and

(3)risk of harm to the public caused by the violation.

(b)The board may bring an action in its own name in a court of competent jurisdiction to enjoin any person from operating a tanning facility without a currently valid license. In any civil action brought under this section, it shall be presumed that irreparable damage will occur where the board alleges and proves a person committed a violation of such licensing laws. In addition to issuing an order for injunctive relief, the court may also assess a fine of not to exceed $1,500 against such person.