65-1908. Revocation, censure, limitation or condition, suspension, nonrenewal or refusal of license; assessment of fines; grounds; authority of inspectors.
65-1908
65-1908. Revocation, censure, limitation orcondition, suspension,nonrenewal or refusal of license; assessment of fines; grounds; authority ofinspectors.(a) The board, in accordance with the provisions of the Kansas administrativeprocedure act, may refuse to issue or renew a license, or revoke, suspend,censure, limit or condition a licensefor any of thefollowing reasons:
(1) Failure to comply with the sanitationstandards prescribed by thesecretary of health and environmentpursuant to K.S.A. 65-1,148, and amendments thereto;
(2) failure to comply with any provision of this act, with the rules andregulations of the board ofcosmetology or with any order issued by the board;
(3) has become a danger to thepublic by reason of alcohol or drug abuse;
(4) conviction of a felony unless the applicant or licensee is able todemonstrate to the board's satisfaction that such person has been sufficientlyrehabilitated to warrant the public trust;
(5) the obtaining of, or the attempt to obtain, a license byfraudulent misrepresentation or bribery;
(6) advertising by means of false or knowingly deceptive matteror statement;
(7) failure to display the annual license or inspection reportas provided for in this act;
(8) gross negligence or unprofessionalconduct asdefined by rules and regulations of the board; or
(9) has had a license revoked, suspended or limited, or has had otherdisciplinary action taken, or an application for a license denied, by theproper regulatory authority of another state, territory, District of Columbiaor another country, a certified copy of the record of the action of the otherjurisdiction being conclusive evidence thereof.
(b) The board may order the remedying of any violations of rules andregulations of the board or any provision ofthis act, and the board may issue a cease and desist order upon boarddetermination that the holder of a license or any person has violatedany order of the board,any rules and regulations of the board or any provision of this act.
(c) Inspectors employed by the board shall have suchpowers as the board may prescribe by rulesandregulations to makeinspections, investigations, and inquiries, except that a permanent orderfor closing any establishment licensed bythe board shallbe issued only by theboard.
(d) In addition to the board's authority to refuse licensure or imposediscipline pursuant to subsection (a), the board shall have the authority toassess a fine not in excess of $1,000 against a licensee for each of thereasons specified in subsection (a). Such fine may be assessed in lieu of or inaddition to such discipline.
History: L. 1927, ch. 245, § 11; L. 1961, ch. 385, § 5; L. 1975,ch. 322, § 8;L. 1984, ch. 313, § 116;L. 1989, ch. 195, § 7;L. 1992, ch. 108, § 4;L. 1995, ch. 119, § 2;L. 1998, ch. 160, § 10;L. 2002, ch. 187, § 8;L. 2008, ch. 108, § 7; July 1.