Guam § 18129 - Revocation and Suspension.

§ 18129. Revocation and Suspension.

The Board may revoke, suspend or deny at any time any

license required by this Chapter on any of the grounds for

disciplinary action provided in this Section. The grounds for

disciplinary action are as follows:

(a) failure of a person, firm or corporation operating an

establishment, or engaged in any practice regulated by this

Chapter, to comply with the requirements of this Chapter;

(b) failure to comply with the rules governing health

and safety adopted by the Board for the regulation of

establishments or any practice licensed and regulated under

this Chapter;

(c) failure to comply with the rules adopted by the

Board for the regulation of establishments, or any practice

licensed and regulated under this Chapter;

(d) gross negligence, including failure to comply with

generally accepted standards for the practice of barbering,

cosmetology, manicurist or electrology, or disregard for the

health and safety of patrons;

(e) repeated similar negligent acts;

(f) incompetence, including failure to comply with

generally accepted standards for the practice of barbering,

cosmetology, manicurist, or electrology;

(g) continued practice by a person knowingly having

an infectious or contagious disease;

(h) habitual drunkenness, habitual use of, or addiction

to the use of any controlled substance;

(i) advertising by means of knowingly false or

deceptive statements;

(j) obtaining or attempting to obtain practice in any

occupation licensed and regulated under this Chapter, or

money or compensation in any form, by fraudulent

misrepresentations;

(k) failure to display the license or health and safety

rules and regulations in a conspicuous place;

(l) engaging, outside of a licensed establishment and

for compensation in any form whatsoever, in any practice for

which a license is required for under this Chapter, except that

when such service is provided because of illness or other

physical or mental incapacitation of the recipient of the

service, and when performed by a licensee obtained for the

purpose from a licensed establishment;

(m) conviction of any crime substantially related to the

qualifications, functions or duties of the license holder, in

which case the record of conviction or a certified copy, shall

be conclusive evidence thereof;

(n) permitting a license to be used where the holder is

not personally, actively and continuously engaged in

business;

(o) the making of any false statement as to a material

matter in any oath or affidavit, which is required by the

provisions of this Chapter;

(p) refusal to permit, or interference with, an

inspection authorized under this Chapter; or

(q) any action or conduct which would have warranted

the denial of a license;

(r) permitting an unlicensed person to perform

activities which require a license under this Chapter;

(s) making a false statement on any document

submitted or required;

(t) any person who violates this Chapter, or the Rules

and Regulations adopted pursuant thereto shall be fined not

less than One Hundred Dollars ($100.00), and no more than

One Thousand Dollars($1,000.00) for each violation;

(u) any person who practices cosmetology, or

maintains a school or a beauty shop, barber shop, esthetic

skin care shop, electrology shop, nail care shop, or acts in any

capacity, wherein a license is required, without a license as

provided in this Chapter, shall be fined not more than One

Hundred Dollars ($100.00), or imprisoned not more than

ninety (90) days, or both. Each and every day of violation

shall be a separate offense;

(v) the Board shall aid prosecuting officers in the

prosecution of persons charged with violations of this

Chapter;

(w) the Department, in addition to any other remedies

available, may apply to a court having competent jurisdiction

for an injunction to restrain any violation of this Chapter.