ALJDEC

98F-OGC960620-COS · State Board of Cosmetology · 1998-01-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 15, 1997.

APPEARANCES: No appearance by, or on behalf of, Licensee. Bridget F. Harrington, Assistant Attorney General for Arizona State Board of Cosmetology.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________ This matter came on for hearing on December 15, 1997 pursuant to the Arizona State Board of Cosmetology (Board) Notice of Formal Hearing issued on November 24, 1997. Based on the record, the following determinations and recommendations are made: FINDINGS OF FACT

1. Loretta Jones is the holder of License No. 58900553 for the practice of nail technology in Arizona. 2. On or about April 20, 1996, Loretta Jones purchased Inga’s Styling Salon [former license No. C2048] from its owner, Ingeborg Barile. The salon was located at 163 Broadway in Yarnell, Arizona. 3. The Board received no notification of the sale from either Loretta Jones or Ingeborg Barile. The Board received no new application, and its accompanying fee, from Loretta Jones. 4. The conduct of nail technology in a place other than a licensed salon is a violation of Arizona Revised Statutes (A.R.S.) §32-574.A.6. 5. In response to a consumer complaint, the Board inquired of Ingaborg Barile regarding the salon and ownership. Ms. Barile returned an affidavit regarding the sale to Loretta Jones. 6. The Board’s Inspector found no record of the sale in the Board’s records. The Board’s Inspector found no record of Loretta Jones as a cosmetologist, but only found record of Loretta Jones as a nail technician.

7. On or about May 10, 1996, the Board’s Inspector called the salon, and booked an appointment for May 16, 1996 [for a permanent for her “mother”] with Licensee Loretta Jones. 8. On or about May 16, 1996, the Board’s Inspector arrived at the salon and observed the following: Loretta Jones performing hair styling services on a customer; hair cuttings on the floor; payment for services; appointments in an appointment book after April 20, 1996 and two different handwritings in the appointment book. 9. The conduct of cosmetology services by a nail technician is considered to be practicing in a category for which no license is held and is a violation of A.R.S. §32-574.A.1. 10. The Board’s Notice of Hearing was issued to Licensee’s last known address on file with the Board; the Notice was sent by certified mail, return receipt requested and by regular mail. Licensee did not appear. 11. At the hearing, the Board argued that Licensee is in violation of A.R.S. §§32-574.A.1, 32-574.A.6 and §32-545 and Arizona Administrative Code (A.A.C. ) R4-10-401.F. The Board’s representative requested that the tribunal consider a recommendation that the cited License be placed on six month probation, fined $300.00 for each of the two violations [herein, paragraphs 4 and 9]. Further, that Licensee be required, at her own expense, to attend a Board Law Review course in Infection Protection and Law Review.

CONCLUSIONS OF LAW

1. The Board has jurisdiction in this matter pursuant to A.R.S. §32- 501 et seq. 2. Licensee’s actions are violations A.R.S. §§32-574.A.1, 32-574.A.6 and §32-545 and A.A.C. R4-10-401.F. /// /// RECOMMENDED ORDER Based on the foregoing, it is recommended that the cited License be placed on a six month probation period and be fined $300.00 for each of the two determined violations. Further it is recommended that Licensee be required, at her own expense, to attend a Board Law Review course in Infection Protection and Law Review. RECOMMENDED this day, January 2, 1998.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Transmitted by mail this ____ day of ____________, 1998, to:

Ms. Sue Sansom, Executive Director Arizona State Board of Cosmetology ATTN: Cheryl Adams 1721 East Broadway Tempe, AZ 85282

By ___________________________ -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 PH (602) 542-9826 / FAX 542-9827