Sec. 20-263. Disciplinary action; grounds.
Sec. 20-263. Disciplinary action; grounds. The commissioner or a representative
designated by the commissioner may investigate any alleged violation of the provisions
of this chapter and, if there appears to be reasonable cause therefor, on reasonable notice
to any person accused of any such violation, may refer the matter to the board for hearing;
may make complaint to the prosecuting authority having jurisdiction of any such complaint or may examine into all acts of alleged abuse, fraud, or incompetence. The board
may suspend the license of any registered hairdresser and cosmetician, and may revoke
the hairdresser and cosmetician license of any person convicted of violating any provision of this chapter or any regulation adopted under this chapter or take any of the actions
set forth in section 19a-17 for any of the following reasons: (1) The employment of
fraud or deception in obtaining a license; (2) abuse or excessive use of drugs, including
alcohol, narcotics or chemicals; (3) engaging in fraud or material deception in the course
of professional services or activities; (4) physical or mental illness, emotional disorder
or loss of motor skill, including, but not limited to, deterioration through the aging
process; or (5) illegal, incompetent or negligent conduct in the course of professional
activities. The commissioner may order a license holder to submit to a reasonable physical or mental examination if the physical or mental capacity of the license holder to
practice safely is the subject of an investigation. The commissioner may petition the
superior court for the judicial district of Hartford to enforce such order or any action
taken pursuant to section 19a-17. No license issued pursuant to this chapter shall be
revoked or suspended under this section until the licensee has been given notice and
opportunity for hearing as provided in the regulations adopted by the commissioner.
(1949 Rev., S. 4595; February, 1965, P.A. 47, S. 1; P.A. 77-614, S. 451, 610; P.A. 80-484, S. 121, 174, 176; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4-6; 95-257, S. 12, 21, 58; P.A.
01-195, S. 171, 181.)
History: 1965 act substituted "commissioner of health or his representative" for "department"; P.A. 77-614 replaced
commissioner of health with commissioner of health services, deleted requirement that representative be designated "in
writing", replaced violations of "this section" with violations of "this chapter" or any regulation adopted hereunder and
required notice and opportunity for hearing before revocation or suspension of license or shop registration, effective January
1, 1979; P.A. 80-484 required commissioner to refer matter to board for hearing, removing provision whereby he could
take testimony, deleted reference to complaints concerning immorality, allowed board to take disciplinary action rather
than commissioner and included actions in Sec. 19-4s as disciplinary actions, extending power beyond license revocation
or suspension, added grounds of fraud or deception, drug abuse, etc., physical or mental illness, etc., incompetent or
negligent action, etc. and added provisions re physical and mental examinations and re petitions to court for enforcement
of orders or actions; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford",
effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September
1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective
June 14, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September
1, 1998, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 01-195 made technical changes,
effective July 11, 2001.
Cited. 165 C. 516.