(a)

1. (1) The Department of Health shall conduct investigations and inspections as promulgated by this part.
2. (2) Initial, routine, and complaint inspections are conducted to ensure compliance with the licensing law and rules.
3. (3) Cosmetology and body art establishments, mobile salons, and body art institutions are inspected at least annually, but not limited to, to ensure compliance with the licensing law and rules promulgated by the State Board of Health, unless complaints are received by the department.

4. (4) The inspections shall include, but not be limited to, the following:

   1. (A) Examination of licenses;
   2. (B) Review of each artist’s record book and any client and appointments records, as applicable;
   3. (C) Inspection of buildings and equipment;
   4. (D) Report of violations of the law or rules;
   5. (E) Investigation of complaints; and
   6. (F) Initial inspections of new establishments.

(b)

1. (1) After the department has taken action in the event a licensee should wish to appeal department action to the Cosmetology Technical Advisory Committee, this appeal must be made:

   1. (A) In writing to the department; and
   2. (B) Within thirty (30) days of receipt of department action.
2. (2) Hearings conducted by the committee may be held bimonthly for review of cases for which disciplinary action may be required.

3. (3)

   1. (A) Except as provided in subdivision (b)(3)(B) of this section, a hearing attended by two (2) or more members of the committee is a meeting.
   2. (B) A final order issued by the committee shall not be imposed by fewer than three (3) members.
   3. (C) A final order imposed by the committee may be appealed to the board within thirty (30) days of its receipt.

(c) Temporary closure of body art establishment or institution. If it is determined upon inspection that any body art establishment is being maintained in violation of the critical items for closure enumerated under 17 CAR § 54-312, or such violation of this part poses an imminent threat to public health, safety, or welfare, such establishment shall be closed until the:

1. (1) Establishment or institution:

   1. (A) Has corrected the violation; and
   2. (B) Is in compliance with this part; and
2. (2) Department has granted the establishment permission to reopen or it is determined, in a fair hearing under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., that the facility should be reopened.

(d) Emergency order of suspension.

1. (1)

   1. (A) Upon written notice, the department may suspend any artist, practitioner, or establishment license by emergency order if the department finds that public health, safety, or welfare imperatively requires immediate suspension, in accordance with Arkansas Code § 25-15-211.
   2. (B) The emergency order of suspension must be reviewed by the committee and the licensee granted an administrative hearing to determine whether the:

(i) Suspension should continue; or

1. (ii) License should be revoked.
2. (2) The artist, practitioner, or establishment may appeal such suspension or revocation as provided for by the Arkansas Administrative Procedure Act.