The department may deny an application
for a permit, revoke a permit, order that a tattoo establishment not be
operated, order a tattoo artist to cease engaging in the practice of tattooing,
or refer the case to the office of the county attorney or attorney general for
possible criminal penalties when the department finds that an establishment is
not operated in accordance with these rules or that a permitted person or a
person who is not permitted has committed any of the following acts:
a. Any material misstatement in the
application or in any supplementary statement.
b. Any material misstatement in the renewal
application or in any supplementary statement received upon renewal.
c. Failure to pay the required renewal fee or
d. Failure to submit a
complete, legible, and accurate renewal application form before the end of the
e. Any condition
revealed by an inspection of the applicant, the application, or supplementary
statement received upon renewal.
Falsification of approval records, qualifications, or other information or
documentation related to permitting approval.
g. Any violation or failure to observe any of
the applicable terms or provisions of permitting, public health law, or any
other applicable rule, ordinance, regulation, code or order.
h. Failure to correct any violation of
department rules that was found during an inspection or any violation found on
an initial inspection which, as determined by the department, jeopardizes the
safety of the public.
making misleading, deceptive, untrue or fraudulent representations in the
practice of the profession or engaging in unethical conduct or practice harmful
or detrimental to the public. Proof of actual injury need not be established.
Acts which may constitute unethical conduct include, but are not limited to:
(1) Verbally or physically abusing a
(2) Improper sexual contact
with or making suggestive, lewd, lascivious or improper remarks or advances to
(3) Betrayal of a
Engaging in a professional conflict of interest.
(5) Falsification of records.
j. Engaging in any conduct that
subverts or attempts to subvert a department investigation.
k. Failure to comply with a subpoena issued
by the department or failure to cooperate with an investigation of the
l. Failure to comply
with the terms of a department order or the terms of a settlement agreement or
m. Knowingly aiding,
assisting or advising a person to unlawfully practice tattooing.
n. Representing oneself as a tattoo artist
when one's permit has been denied, suspended or revoked, or when one's permit
is lapsed or has been placed on inactive status.
o. Permitting the use of a permit by a
nonpermitted person for any purpose.
p. Mental or physical inability reasonably
related to and adversely affecting the tattoo artist's ability to practice in a
safe and competent manner.
adjudged mentally incompetent by a court of competent jurisdiction.
r. Sexually harassing a patron. Sexual
harassment includes sexual advances, sexual solicitation, requests for sexual
favors, and other verbal or physical conduct of a sexual nature.
Habitual intoxication or addiction to
(1) The inability of a tattoo artist to
practice with reasonable skill and safety by reason of the excessive use of
alcohol on a continuing basis.
The excessive use of drugs which may impair a tattoo artist's ability to
practice with reasonable skill or safety.
(3) Obtaining, possessing, attempting to
obtain or possess, or administering controlled substances without lawful
t. Fraud in
representation as to skill, ability, or certification.
u. Violating a statute of this state, another
state, or the United States, without regard to its designation as either a
felony or misdemeanor, which relates to the provision of tattooing, including
but not limited to a crime involving dishonesty, fraud, theft, embezzlement,
controlled substances, substance abuse, assault, sexual abuse, sexual
misconduct, or homicide. A copy of the record of conviction or plea of guilty
is conclusive evidence of the violation.
v. Having certification or permit to practice
tattooing suspended or revoked, or having other disciplinary action taken by a
licensing, certifying, or permitting authority of this state or another state,
territory or country. A copy of the record or order of suspension, revocation
or disciplinary action is conclusive or prima facie evidence.
w. Acceptance of any fee by fraud or
x. Failure to
comply with standard precautions for preventing transmission of infectious
diseases as issued by the Centers for Disease Control and Prevention of the
United States Department of Health and Human Services.
y. Failure to respond within 30 days of
receipt, unless otherwise specified, of communication from the department which
was sent by registered or certified mail.
(2) Notice of issuance of a denial,
revocation, or order to cease operations shall be served by certified mail,
return receipt requested, or by personal service.
(3) Upon receipt of the order, the aggrieved
party may request an appeal. The appeal shall be made in writing to the
department within 20 days from the date of the aggrieved party's receipt of the
department's order. The appeal shall be addressed to Iowa Department of Public
Health, Division of ADPER and EH, Tattoo Permit Program, Lucas State Office
Building, 321 E. 12th Street, Des Moines, Iowa 50319-0075. If such a request is
made within the 20-day time period, the order shall be deemed to be suspended.
Prior to or at the hearing, the department may rescind the order upon
satisfaction that the reason for the order has been or will be removed. After
the hearing, or upon default of the aggrieved party, the administrative law
judge shall affirm, modify or set aside the order. If no request for appeal is
received within the 20-day time period, the department's order shall become the
department's final agency action.
(4) Upon receipt of an appeal that meets
contested case status, the appeal shall be forwarded within five working days
to the department of inspections and appeals pursuant to the rules adopted by
that agency regarding the transmission of contested cases. The information upon
which the adverse action is based and any additional information which may be
provided by the aggrieved party shall also be provided to the department of
inspections and appeals.
hearing shall be conducted according to the procedural rules of the department
of inspections and appeals found in 481-Chapter 10.
(6) When the administrative law judge makes a
proposed decision and order, it shall be served by certified mail, return
receipt requested, or delivered by personal service. That proposed decision and
order then becomes the department's final agency action without further
proceedings ten days after it is received by the aggrieved party unless an
appeal to the director is taken as provided in subrule 22.17(7).
(7) Any appeal to the director for review of
the proposed decision and order of the administrative law judge shall be filed
in writing and mailed to the director by certified mail, return receipt
requested, or delivered by personal service within ten days after the receipt
of the administrative law judge's proposed decision and order by the aggrieved
party. A copy of the appeal shall also be mailed to the administrative law
judge. Any request for an appeal shall state the reason for appeal.
Upon receipt of an appeal request, the
administrative law judge shall prepare the record of the hearing for submission
to the director. The record shall include the following:
a. All pleadings, motions, and
b. All evidence received or
considered and all other submissions by recording or transcript.
c. A statement of all matters officially
d. All questions and
offers of proof, objections and rulings thereon.
e. All proposed findings and exceptions.
f. The proposed decision and order
of the administrative law judge.
(9) The decision and order of the director
becomes the department's final agency action upon receipt by the aggrieved
party and shall be delivered by certified mail, return receipt requested, or by
(10) It is not
necessary to file an application for a rehearing to exhaust administrative
remedies when appealing to the director or the district court as provided in
Iowa Code section
aggrieved party to the final agency action of the department who has exhausted
all administrative remedies may petition for judicial review of the action
pursuant to Iowa Code chapter 17A.
(11) Any petition for judicial review of a
decision and order shall be filed in the district court within 30 days after
the decision and order becomes final. A copy of the notice of appeal shall be
sent to the department by certified mail, return receipt requested, or by
personal service. The copy shall be directed to Iowa Department of Public
Health, Division of ADPER and EH, Tattoo Permit Program, Lucas State Office
Building, 321 E. 12th Street, Des Moines, Iowa 50319-0075.
(12) The party who appeals a final agency
action to the district court shall pay the cost of the preparation of a
transcript of the contested case hearing for the district court.