1. (1) The director may take disciplinary or other action as authorized in section 12-20-404 upon proof that the licensee:

   1. (a) Has been convicted of or has entered a plea of nolo contendere to a felony. In considering the conviction of or the plea to any such crime, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
   2. (b) Made any misstatement on his or her application for licensure to practice as a barber, hairstylist, cosmetologist, esthetician, or nail technician or attempted to obtain a license to practice by fraud, deception, or misrepresentation;
   3. (c) Committed an act or failed to perform an act necessary to meet the generally accepted standards to practice a profession licensed under this article 105, which shall include performing services outside of the person's area of training, experience, or competence;
   4. (d) Excessively or habitually uses or abuses alcohol or controlled substances;
   5. (e) Has violated any of the provisions of this article 105, an applicable provision of article 20 of this title 12, or any valid order of the director;
   6. (f) Is guilty of unprofessional or dishonest conduct;
   7. (g) Advertises by means of false or deceptive statement;
   8. (h) Fails to display the license as provided in section 12-105-116;
   9. (i) Fails to comply with the rules promulgated by the director pursuant to section 12-105-106 (1)(a);
   10. (j) Is guilty of willful misrepresentation;
   11. (k) Fails to disclose to the director within forty-five days a conviction for a felony or any crime that is related to the practice as a barber, cosmetologist, esthetician, hairstylist, or nail technician;
   12. (l) Aids or abets the unlicensed practice of barbering, hairstyling, or cosmetology or the unlicensed provision of esthetician or nail technician services; or
   13. (m) Fails to timely respond to a complaint sent by the director pursuant to section 12-105-124.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 831, § 1, effective October 1.

Editor's note: This section is similar to former § 12-8-132 as it existed prior to 2019.