700.1 The Department shall determine a body art establishment's compliance with these regulations by conducting on-site:

1. (a) Preoperational inspections;
2. (b) Unannounced, routine and follow-up inspections; and
3. (c) Unannounced, complaint-generated inspections.

700.2 After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance with these regulations, the applicant or operator shall allow the Department access to any part, portion, or area of a body art establishment, except when a private session is in progress.

700.3 The Department may enter and inspect all aspects of a body art establishment, including but not limited to work stations, locker rooms, bathrooms, lounge areas, or other areas of a body art establishment for any of the following purposes:

1. (a) To determine if the body art establishment is in compliance with these regulations;
2. (b) To investigate an emergency affecting the public health if the body art establishment is or may be involved in the matter causing the emergency;
3. (c) To investigate, examine, and sample or swab equipment, devices, fixtures, supplies, or furnishings, except during any procedural session as specified in Subsection 700.2; or
4. (d) To obtain information and examine and copy all records on the premises including but not limited to instruments, equipment, manufacturers, records and maintenance logs, supplies and suppliers, service contracts, or furnishings used in a body art establishment.

700.4 If a person denies the Department access to any part, portion, or area of a body art establishment, the Department shall inform the individual that:

1. (a) The applicant or operator is required to allow access to the Department, as specified in Subsection 700.2;
2. (b) Access is a condition of the receipt and retention of a license as specified

in Subsection 610.4;

(c) If access is denied, an inspection order allowing access may be obtained as specified in Subsection 700.6(c); and

(d) The Department is making a final request for access.

700.5 If the Department presents credentials and provides notice as specified in Subsection 700.2, explains the authority upon which access is requested, and makes a final request for access as specified in Subsection 700.4(d), and the applicant or operator continues to refuse access, the Department shall provide details of the denial of access on the inspection report.

700.6 If the Department is denied access to a body art establishment for an authorized purpose, after complying with Subsections 700.2 through 700.5, the Department may:

(a) Summarily suspend a license to operate a body art establishment in accordance with Section 807;

(b) Revoke or suspend a license to operate a body art establishment in accordance with Section 812; or

(c) Request that the Office of the Attorney General for the District of Columbia commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court including but not limited to administrative search warrants, to enforce these regulations in accordance with the Department of Health Functions Clarification Act of 2001, effective October 3, 2001, as amended (D.C. Law 14-28; D.C. Official Code § 7-731(b) (2012 Repl.)).

SOURCE: Final Rulemaking published at 64 DCR 13496 (December 29, 2017).