Grounds for discipline.

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

  1. 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. 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. 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. Excessively or habitually uses or abuses alcohol or controlled substances;

  5. Has violated any of the provisions of this article 105, an applicable provision ofarticle 20 of this title 12, or any valid order of the director;

  6. Is guilty of unprofessional or dishonest conduct;

  7. Advertises by means of false or deceptive statement;

  8. Fails to display the license as provided in section 12-105-116;

  9. Fails to comply with the rules promulgated by the director pursuant to section 12-

105-106 (1)(a);

  1. Is guilty of willful misrepresentation;

  2. Fails to disclose to the director within forty-five days a conviction for a felony or anycrime that is related to the practice as a barber, cosmetologist, esthetician, hairstylist, or nail technician;

  3. Aids or abets the unlicensed practice of barbering, hairstyling, or cosmetology or theunlicensed provision of esthetician or nail technician services; or

  4. Fails to timely respond to a complaint sent by the director pursuant to section 12105-124.

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. 12-105-126. Repeal of article - review of functions. This article 105 is repealed, effective September 1, 2026. Before the repeal, the functions of the director and the advisory committee created in section 12-105-106 are scheduled for review in accordance with section 24-34-104.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 832, § 1, effective October 1.

Editor's note: This section is similar to former § 12-8-133 as it existed prior to 2019.


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