§797.1700. Violations and Fines

a)         In addition to any other action authorized by the Act or this Part, the Department may assess fines, in addition to denying, suspending and revoking certificates of registration, against a person for any violation of any provision of the Act or this Part.

 

b)         A fine not to exceed $1,000 per day for each day the registrant remains in violation shall be issued for any violation of the Act or this Part.  (Section 80 of Act)

 

c)         A violation is a failure to adhere to any of the provisions of the Act or this Part.  A violation shall also include any of the following:

 

1)         Failure to abide by any stop operation or stop use order issued under this Part;

 

2)         Failure to notify the Department of any incident, accident or public health emergency involving any equipment or operator, as required in Section 797.600;

 

3)         Failure to allow the Department to perform inspections and investigations in accordance with Section 30 of the Act and Section 797.1500;

 

4)         Use of autoclave or body art equipment in a manner inconsistent with its labeling or directions;

 

5)         Performing a body art procedure in a faulty, careless or negligent manner;

 

6)         Performing a body art procedure in violation of the certificate of registration requirements of Section 15 of the Act;

 

7)         Performing a body art procedure in violation of an order issued by the Department;

 

8)         Failure to use methods or materials suitable for body art;

 

9)         Performing a body art procedure on a person under the age of 18 years, in violation of the Criminal Code of 1961;

 

10)         Allowing a certificate of registration to be used by another person;

 

11)         Aiding or abetting a person in evading any provision of the Act;

 

12)         Failure to comply with the operator proficiency requirements of Section 797.1300;

 

13)         Failure to comply with waste removal requirements of Section 797.400;

 

14)         Failure to maintain client records as required by Sections 797.600(c) and 797.900(i);

 

15)         Failure to maintain premises in sanitary condition as required by Section 797.1100;

 

16)         Failure to establish and maintain records of monthly autoclave spore destruction tests in accordance with Section 797.700(i);

 

17)         Failure to renew a certificate of registration in accordance with Section 35 of the Act;

 

18)         Failure to notify the Department of a change in business ownership in accordance with Section 40 of the Act and Section 797.1200 of this Part;

 

19)         Failure to provide information to the Department upon request in accordance with Section 55 of the Act;

 

20)         Failure to display or provide a current permit, in accordance with Section 35 of the Act.