65-1926. Licensure requirement; grounds for disciplinary action; fees.
65-1926
65-1926. Licensure requirement; grounds fordisciplinary action; fees.(a) A person shall notoperate atanning facility without a valid license issued by the board.
(b) The license shall be displayed in a conspicuous place in the tanningfacility.
(c) On application, on forms provided by the board, and on receipt of theappropriate fee, a license shall be renewed by the board.
(d) The board may adopt a system under which licenses expire on variousdates during the year. As part of this system the annual renewal fee may beprorated on a monthly basis to reflect the actual number of months the licenseis valid.
(e) The board may deny, refuse to renew, revoke, cancel, suspend orplace on probation a license tooperate a tanning facility for any of the following reasons:
(1) A failure to pay a license fee or an annual renewal fee for a license;
(2) the applicant obtained or attempted to obtain a license by fraud ordeception;
(3) a violation of any of the provisions of this act; or
(4) a violation ofany rules and regulations adopted by the board or by the secretary of healthand environment, as provided by K.S.A. 65-1925, and amendments thereto.
(f) The board shall establish appropriate licensure and renewal fees, not toexceed $100 peryear for each tanning facility, byadoption of rules and regulations.The board may establish the fees based upon thenumber of beds used for tanning which the facility maintains.Inaddition to the fee for licensure and the fee for renewal of a license, theboard may establish a fee not to exceed $150 for delinquent renewal of alicense and a fee not to exceed $200 for reinstatement of a license.
(g) The executive director of the board shall remit all moneys receivedfrom fees under this act to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, and amendments thereto.Upon receiptof each such remittance, the state treasurer shall depositthe entire amount in themanner specified under K.S.A. 74-2704, and amendments thereto.
(h) 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 (e). Such fine may be assessed in lieu of or inaddition to such discipline.
History: L. 1992, ch. 170, § 7;L. 2001, ch. 5, § 232;L. 2002, ch. 187, § 12;L. 2008, ch. 108, § 10; July 1.