1. (a) Basis. The Texas Department of Health (department) may, after providing notice and opportunity for hearing, refuse to license a studio or temporary location, or may revoke or suspend the license for violations of the requirements in these sections or for any reasons described in the Tattoo and Certain Body Piercing Studio Act, or in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431.
2. (b) Hearing. All hearings for the refusal, revocation or suspension of a license are governed by the department's formal hearing procedures in Chapter 1 of this title (relating to the Board of Health), the Administrative Procedure Act, Government Code, Chapter 2001, and the hearing rules adopted by the State Office of Administrative Hearings.

3. (c) Enforcement and penalties.

   1. (1) Administrative penalty. The department may, after providing notice and opportunity for hearing, assess an administrative penalty as provided in §146.019 of the Tattoo and Certain Body Piercing Studio Act, the Health and Safety Code, Chapter 431, and §229.261 of this title (relating to Assessment of Administrative or Civil Penalties), for violations of these sections. All hearings for the assessment of an administrative penalty are governed by the department's formal hearing procedures in Chapter 1 of this title (relating to the Board of Health) and the hearing rules adopted by the State Office of Administrative Hearings.

   2. (2) Civil penalty; Injunction. If it appears that a person has violated or is violating Health and Safety Code, Chapter 146, or an order issued or a rule adopted under Health and Safety Code, Chapter 146, the commissioner may request the attorney general or the district attorney, county attorney, or municipal attorney in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for:

      1. (A) an order enjoining the violation;
      2. (B) a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy, if the department shows that the person has engaged in or is engaging in a violation;
      3. (C) the assessment and recovery of a civil penalty; or
      4. (D) both injunctive relief and a civil penalty.
   3. (3) Criminal penalty. A person commits an offense if the person violates the Act or rules adopted under the Act. An offense under the Act is a Class A misdemeanor.
4. (d) Re-issuance of a license. If a license issued under these sections has been revoked or denied for violation of these rules, the license holder named in the revocation or denial is not eligible for licensing under these sections for a period of two years.

Source Note:The provisions of this §229.412 adopted to be effective April 23, 2000, 25 TexReg 3272.