§ 202-14. Enforcement procedures.

A. 

The body artist registration shall be suspended immediately upon notice to the holder (without a hearing) when BOH has reason to believe that an imminent health hazard exists.

B. 

In all other instances of violation of the provisions of the rules and regulations, the Franklin Board of Health may serve the registrant (permit holder) a written notice specifying the violation(s) and afford the registrant or certificate holder a reasonable opportunity to correct the same and/or the issuance of a noncriminal violation ticket and/or may seek the issuance of criminal process.

(1) 

Whenever a registrant has failed to comply with any written notice issued under the provisions of these rules and regulations.

(2) 

The holder of the body art registration (permit) shall be notified in writing that the registration or certificate shall be suspended at the end of 10 days following the service of the notice unless a request for a hearing is made within the ten-day period. Nothing herein shall prohibit the BOH from suspending a permit after a hearing.

(3) 

Any person whose registration has been suspended may make a request in writing for reinstatement of the registration.

(4) 

For serious or repeated violations of any of the requirements of these rules and regulations or for interference with the BOH in the performance of its duties, or for persons found guilty of any crime related to body art, the body art registration may be permanently revoked after an opportunity for a hearing has been provided.

(5) 

Every person who shall perform body art without a certificate of registration may be penalized by indictment in the Superior Court or on complaint brought in the District Court. Except as may be otherwise provided by law and as the court may see fit to impose, the maximum penalty for each violation, or offense brought in such a manner, shall be $300 per violation per day.

(6) 

Body art of minors. Every person who shall perform body art on any minor under the age of 18, without the written consent and presence of a parent or legal guardian for parts other than the genitalia areas of minors, which shall not be pierced or tattooed, may be penalized by indictment in the Superior Court or on complaint brought in the District Court. Except as may be otherwise provided by law and as the court may see fit to impose, the maximum penalty for each violation, or offense brought in such a manner, shall be $300, per violation, per day.

(7) 

Civil enforcement through fines under MGL c. 40, § 21D or Board of Health Body Art rules and regulation.

(a) 

Fine allowed: $100.

(b) 

Enforcement Agents: Board of Health and its agents.

(c) 

Fine Schedule (each day of noncompliance is considered a separate offense): first offense, $25; second offense, $50; third and subsequent offenses, $100.

(d) 

In all cases, the owner of the establishment is responsible for all fines.