(1) (a) Whenever the department has reasonable cause to believe a violation of this part 10 or any rule made pursuant to this part 10 has occurred and immediate enforcement is deemed necessary, the department may issue a cease-and-desist order, which may require any person to cease violating any provision of this part 10 or any rule made pursuant to this part 10. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.
In the event that any person fails to comply with a cease-and-desist order withintwenty-four hours, the department may apply to the district court of the district within which the tanning device is located for a temporary or permanent injunction restraining any person from violating any provision of this part 10 regardless of whether there is an adequate remedy at law.
No stay of a cease-and-desist order shall be issued before a hearing thereon involvingboth parties.
Whenever it appears to the department, upon evidence satisfactory to the department,that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this part 10 or of any rule or of any order promulgated under this part 10, the department may apply to the district court of the district within which the tanning device is located to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this part 10 or any rule or order promulgated under this part 10. In any such action, the department shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the department to post a bond.
It is a violation of this part 10 for:
Any person to knowingly operate a tanning facility without having registered saidfacility with the department in accordance with the provisions of this part 10;
Any person to offer for use to the public any artificial tanning device which is notregistered with the department as required by the provisions of this part 10;
Any person to violate any provision of this part 10 or any provision of any standards,rules, or regulations adopted by the board;
Any person to refuse to permit entry for the purpose of inspection of a tanning facility during normal business hours.
Source: L. 92: Entire part added, p. 1289, § 1, effective July 1.